OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our Site and are incorporated into these terms by reference:

• Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing, and you warrant that all data provided by you is accurate.
• Our Cookie Policy which sets out information about the cookies on our Site.
• Our Standard Terms and Conditions of Business will apply to each customer's registration and use of the Site.

INFORMATION ABOUT US

www.krank.com is a site operated by Krank Limited ("we", "us", "our"). We are registered in England and Wales under company number 10154742 and have our registered office at Suite 2, Unit 200 Cambridge Science Park, Milton Road, Cambridge, England, Post Code - CB4 0GZ. Our VAT number is VAT NUMBER We are a limited company.

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

CHANGES TO OUR SITE

We may update our Site from time to time and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

ACCESSING OUR SITE

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOUR ACCOUNT AND PASSWORD

When you register with us your company email address will be your username. Your first password will be automatically generated by our system which we encourage you to edit to a more memorable password. Your username and password will be unique to your account. You must treat such information as confidential, and you must not disclose it to any third party.

We have the right to disable any account if in our opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you know your username or password, you must promptly notify us at report@krank.com

ACCEPTABLE USE

• You may use our Site only for lawful purposes. You may not use our Site:
• In any way that breaches any applicable local, national, or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• In any way that breaches another person's intellectual property rights.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these terms or our privacy policy.
• Not to access without authority, interfere with, damage or disrupt:
  • any part of our Site.
  • any equipment or network on which our Site is stored.
  • any software used in the provision of our Site; or
  • any equipment or network or software owned or used by any third party.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our Site (a "contribution"), or to make contact with other users of our Site, you must comply with the Content Standards set out below.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a business user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Whenever your contribution involves the listing of an item (including, without limitation, a piece of equipment, an attachment, a vehicle, or a piece of heavy plant machinery) (an "Item") for sale or auction you warrant to us that either:

• you are the legal and beneficial owner of the Item; or
• you have the express consent of the legal and beneficial owner(s) of the Item to list the Item for sale or auction; or
• you are an authorised dealer or distributor of the manufacturer who manufactures and owns the Item.

Any content you upload to our Site will be considered non-confidential and non-proprietary. YOU RETAIN ALL OF YOUR OWNERSHIP RIGHTS IN YOUR CONTENT, BUT YOU ARE REQUIRED TO GRANT US AND OTHER USERS OF OUR SITE A LIMITED LICENCE TO USE, STORE AND COPY THAT CONTENT AND TO DISTRIBUTE AND MAKE IT AVAILABLE TO THIRD PARTIES.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

WE WILL NOT BE RESPONSIBLE, OR LIABLE TO ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY CONTENT POSTED BY YOU OR ANY OTHER USER OF OUR SITE.

We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the Content Standards set out below.

The views expressed by other users on our Site do not represent our views or values.

CONTENT STANDARDS

These content standards apply to any and all contributions you may make to our Site, and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of these terms through your use of our Site. When a breach of these terms has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms constitutes a material breach of these terms upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:

• Immediate, temporary, or permanent withdrawal of your right to use our Site, or any part of it.
• Immediate, temporary, or permanent removal of any posting or material uploaded by you to our Site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

WE EXCLUDE LIABILITY FOR ACTIONS TAKEN IN RESPONSE TO BREACHES OF THESE TERMS. THE RESPONSES DESCRIBED IN THESE ARE NOT LIMITED, AND WE MAY TAKE ANY OTHER ACTION WE REASONABLY DEEM APPROPRIATE. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Site, and in the material that is published on it by us. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. WE DO NOT ACCEPT LIABILITY FOR ANY CONTENT OR MATERIAL OF WHATEVER NATURE THAT IS UPLOADED TO OR SHARED ON OUR SITE THAT IS NOT UPLOADED BY US, REGARDLESS OF ITS PROVENANCE.

You may print off copies, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site. You must not modify the paper or digital copies of our intellectual property you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics of ours separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged. You must not use any part of the materials on our Site for commercial purposes without our prior consent. If you print off, copy or download any part of our Site in breach of these

terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATIONTHE CONTENT ON OUR SITE IS PROVIDED FOR GENERAL INFORMATION ONLY. ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION ON OUR SITE, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT ON OUR SITE IS ACCURATE, COMPLETE OR UP-TO-DATE. OUR LIABILITYNOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.

WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:

• USE OF, OR INABILITY TO USE, OUR SITE; OR
• USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE.

IF YOU ARE A CUSTOMER, PLEASE NOTE THAT IN PARTICULAR, WE WILL NOT BE LIABLE FOR:

• LOSS OF INCOME OR REVENUE;
• LOSS OF BUSINESS;
• LOSS OF PROFITS OR CONTRACTS;
• LOSS OF ANTICIPATED SAVINGS;
• LOSS OF DATA;
• LOSS OF GOODWILL;
• WASTED MANAGEMENT OR OFFICE TIME; AND
• ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, PROVIDED THAT THIS CONDITION SHALL NOT PREVENT CLAIMS FOR LOSS OF OR DAMAGE TO YOUR TANGIBLE PROPERTY OR ANY OTHER CLAIMS FOR DIRECT FINANCIAL LOSS THAT ARE NOT EXCLUDED BY ANY OF THE CATEGORIES SET OUT ABOVE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.

WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR SITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM. VIRUSES, HACKING AND OTHER OFFENCES

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our Site other than that set out above, please contact admin@krank.com

LINKS FROM OUR SITE

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.

[TRADEMARKS "KRANK" is an EU, UK and USA registered trademark of Krank Limited.]

YOUR CONCERNS

If you have any concerns about material which appears on our Site, please contact report@krank.com