Terms and Conditions

In a language that you have a chance of understanding...



You can use all of the features of Gearlog for free.


We will never give your data to anybody else for any purpose. We will only send you emails or txts about how to make the most of Gearlog and you can turn those off on your profile page. We encrypt (i.e scramble up) sensitive data like passwords.That means that in the highly unlikely event of our systems being attacked your confidential information would be protected. None of our staff can decrypt (unscramble) your sensitive information. If you want us to delete your account or you would like a copy of your data - just drop us an email: info@gearlog.org


We have put a lot of effort into making our systems very tough and reliable but - we take no responsibility (nill, zip, nada) for anything that happens to you should we have issues with our site or your data.



In a language that only lawyers understand...


Please read the following terms and conditions carefully. If you do not agree with these terms and conditions, you must not use this website or any services available through it. By using this website and/or any of the services available through it, you agree to be legally bound by the terms and conditions set out below.

Please print and keep a paper copy and/or retain an electronic copy of these terms and conditions for your records.



1 - About Gearlog


1.1

Gearlog is provided by Kit Kline Systems Development Limited - which is registered as a company limited by shares having its registered office at 22 Wylye Rd, Warminster, Wiltshire, BA12 9PE, United Kingdom

("Gearlog "/"we"/"us", and "our" shall be construed accordingly).

1.2

Gearlog is ab adventure equipment tracking system, available at https://gearlog.org (the "Website").

1.3

Gearlog does not, under any circumstances:

1.3.1 unless otherwise separately agreed by Gearlog, provide any advice or assistance to Organisations, Companies or any other parties;

1.3.2 take any responsibility or accept any liability for any information provided or posted on the Website, whether by Gearlog, Participants, or for any advice, assistance or other services given or received by Participants, Companies or any other parties.

1.3.3 take any responsibility or accept any liability for any damages, injury or death suffered by users

1.4

Gearlog leverages Agile Software Development practices to iterate on and improve the Website and Website Content and Services based on feedback from the user community. Therefore the Website and Website Content and Services is always improving and the form and nature of the Website and Website Content and Services may change from time to time without prior notice. In addition, Gearlog may stop (permanently or temporarily) providing the Website (or any features within the Website) to you or all general users and may not be able to communicate to you with advanced notice.

1.5

Gearlog retains the right to limit usage and storage at our sole discretion at any time without advanced notice to you.


2 - About these Terms and Conditions


2.1

These terms and conditions (the "Terms and Conditions") apply to Participants who access and use the Website and/or any of the services available through it ("User"/"you", and "your" shall be construed accordingly).

2.2

Individuals who use the Website and/or any services available through the Website must be at least eighteen (18) years of age.

2.3

We reserve the right to update these Terms and Conditions at any time. If we do so, we will publish the amended version on the Website. The amended Terms and Conditions will take effect from the time they are first published on the Website and will replace any previous version. If you do not agree with the amended Terms and Conditions, you should not use the Website after the amended Terms and Conditions are published on the Website.

2.4

If you have any questions, complaints or comments concerning Gearlog, the Website, any of the services available through the Website and/or these Terms and Conditions, you can contact Gearlog using the following email address: info@gearlog.org.


3 - Participants


3.1

If you become a Participant, you acknowledge and agree that:

3.1.1 under no circumstances will you utilise the Website to provide, or facilitate the provision of, advice or any other services to any third party in return for any form of financial reward, commercial gain or similar benefit;

3.1.2 Gearlog excludes and disclaims all liability in accordance with Clauses 12 and 14 below;


4 - Payment and Payment Information


4.1

If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree to Gearlog storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates.

4.2

Gearlog does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Premium Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.

4.3

If you require an explanation of Gearlog's refund policy please e-mail info@gearlog.org We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that GearlogĂ­s Premium Services are subject to these Terms and Conditions and any additional terms related to the provision of the Premium Service.


5 - Account Registration


5.1

To use some of the functions of this Website, you must register and create an account (a "User Account"). In doing so, you agree:

5.1.1 to provide accurate, current and complete information about yourself as prompted by the registration form on the Website ("Registration Data");

5.1.2 to maintain the security of your User Account login details and password;

5.1.3 to maintain and promptly update the Registration Data, and any other information provided by you to Gearlog, and keep them accurate, current and complete;

5.1.4 that you are fully responsible for all use of your User Account and for any actions that take place using your User Account; and

5.1.5 not to register for more than one User Account, or a User Account on behalf of another Participant.


6 - User Conduct


6.1

You agree to use the Website and the services available on it in support of your own commercial business or personal activities but not to re-sell the Website or services available on it.

6.2

cYou agree not to use the Website or any of the services available through it:

6.2.1 to collect or store email addresses or other contact information of other Users, whether by electronic or any other means, for the purposes of sending unsolicited emails or other unsolicited communications;

6.2.2 in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website or damage or harm the reputation of Gearlog;

6.2.3 using automated scripts;

6.2.4 to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;

6.2.5 to upload, post, transmit, share, store or otherwise make available:
a) any content that Gearlog deems to be obscene, offensive, vulgar, defamatory, threatening, harassing, abusive, hateful, racist, sexist, discriminatory, of a menacing character or embarrassing, or which may cause annoyance, anxiety or inconvenience to another User or any other person or entity
b) any unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail", "spam", or any other form of solicitation;
c) any private information of any third party, including, addresses, phone numbers, email addresses and credit card numbers;
d) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
e) any content that would constitute, encourage or provide instructions for a criminal offence, violate the intellectual property rights, proprietary rights or any other rights of any party, or that would otherwise create liability or violate any local, state, national or international law.


7 - Use of Website Content and Services


7.1

Provided that you comply fully with these Terms and Conditions, Gearlog grants you the right to access, view and, in some cases, download the content and services that Gearlog makes available through the Website (the "Website Content and services"), for non-commercial use only.

7.2

Save as expressly provided in these Terms and Conditions, you may not copy, reproduce, sub-license, republish, distribute, transmit, publicly perform, display or make available, alter, adapt, interfere with, create derivative works from, counterfeit or paste to any other website or webpage, by any means or in any manner, the Website Content and services, or do anything else with such Website Content and services.

7.3

You acknowledge and agree that you do not any acquire ownership rights in the Website Content and services.

7.4

You acknowledge and agree that if you modify any Website Content and services or use any Website Content and services for any purpose not expressly permitted by these Terms and Conditions you may breach Gearlog's and others' intellectual property and other proprietary rights in the Website Content and services.

7.5

Gearlog owns the Website as a whole, including all computer code, graphics, user interfaces and audiovisual content included on the Website, and the combination of all the elements on the Website. The Website as a whole, the computer code of the Website, the user interface and graphic elements are all copyrighted works of the Website. Various other aspects of the Website may be protected by intellectual property laws including laws of copyright, trademark, service mark, patent and trade secret.

7.6

Nothing in these Terms and Conditions will be construed as granting you any property rights in the Website and/or Website Content and services or to any invention or any patent, copyright, trademark or other intellectual property right that has been issued, or that may issue, based on the Website and Website Content and services.


8 - Website Content


8.1

Gearlog reserves the right:

8.1.1 to prevent your further access to the Website if you violate these Terms and Conditions or the law; and

8.1.2 to remove any content you post on the Website which fails to comply with these Terms and Conditions or that Gearlog deems is otherwise abusive, illegal or disruptive.

8.2

Gearlog may take any action with respect to any advice, communications, information or other services of a User that Gearlog deems necessary or appropriate in its sole discretion.

8.3

You consent to Gearlog identifying you as a Customer of Gearlog (including by using your organisation name and trade marks) in Gearlog's promotional and marketing materials.


9 - Third Party Content, Software and Links


9.1

Where content, information, software, advertising and any other material or services are supplied by third parties, you acknowledge and agree that Gearlog cannot control and does not purport to endorse such third party content in any way. All third party content that is made available through the Website is offered in good faith but Gearlog does not (to the extent permitted by law) accept any responsibility for the accuracy, reliability, timeliness, or otherwise of such third party content or for the use, download and/or installation of such third party content.

9.2

Where third party content is supplied by third parties, you may need a licence from such third parties, and may need to agree to other terms and conditions, which will govern your relationship with such third party providers in relation to your use of such third party content.

9.3

Gearlog does not endorse and is not responsible for the contents or privacy practices of any third party websites which are linked to on the Website. Gearlog shall not be responsible or liable for any loss or damages caused by use of or reliance on any content, goods or services available on such websites.


10 - Gearlog's Liability


10.1

Nothing in these Terms and Conditions shall exclude or limit any liability for death or personal injury caused by negligence or the negligence of its employees, for fraud and fraudulent misrepresentation or for any other liability with cannot be excluded by law.

10.2

Subject to Clause 10.1, to the maximum extent permitted under applicable law, these terms and conditions exclude all implied terms, conditions, warranties (including, without limitation, warranties of satisfactory quality, fitness for particular purpose and non-infringement), representations or endorsements whatsoever, with regard to the Website, the Website Content and Services, and any advice, content, information, material, software or other items or services provided through the Website or by Users of the Website. We do not give any guarantee, warranty or undertaking this Website will remain available, will meet your requirements, or that access to this Website will be or remain secure, uninterrupted or error free.

10.3

Neither Gearlog, Participants nor the Companies shall be liable for any loss, liabilities, claims, costs or damage (whether the liability shall arise in contract, negligence or other tort, breach of statutory duty or otherwise) resulting from or arising in connection with any act or omission made in reliance on any advice, and/or the illegal, incorrect or inappropriate use of the Website, the Website Content and Services, and any advice, content, information, material, software or other items or services provided through the Website or by any User of the Website, by you or any other parties. You agree that Participant and Companies shall be entitled to the benefit of the provisions of this Clause 10 under the Contracts (Rights of Third Parties) Act 1999.

10.4

If use of the Website or the Website Content and Services results in the need for servicing or replacing equipment or data, Gearlog is not responsible for those costs.

10.5

Subject to Clause 10.1, Gearlog will have no liability in contract, tort (including negligence or breach of statutory duty) or otherwise for any indirect or consequential losses, and we shall have no liability for any loss of profit, revenue or opportunity, business interruption, costs of procuring alternative services or for loss of data or damage to any equipment or software which arises in any way from you using or accessing the Website or Website Content and Services or from downloading any material from the Website.

10.6

Subject to Clause 10.1, Gearlog's total liability in connection with this Website and the use of the Website Content and Services (whether such liability arises under contract, negligence or other tort, breach of statutory duty or otherwise) is limited to an amount equivalent to the fees you have paid to access the Website Content and Services.


11 - Responsibility


11.1

You agree that you shall be liable for any reasonable losses, liabilities, damages , expenses, costs (including without limitation reasonable legal and accounting fees) incurred by Gearlog as a result of:

11.1.1 any content or other material you upload onto the Website;

11.1.2 your use of the Website Content and Services; or

11.1.3 a breach by you of these Terms and Conditions.


12 - Disclaimers


12.1

Gearlog does not warrant, represent or guarantee that the Website or the Website Content and Services will operate error-free or that its servers are free of computer viruses or other harmful materials or mechanisms.

12.2

Gearlog does not warrant, represent or guarantee the truthfulness, accuracy, reliability, completeness, or timeliness of, the Website, the Website Content, including, without limitation, any software, text, graphics and links, any services available through the Website Content and Services, or any advice, communications, information or other services made available by Users, including Participants. You agree and acknowledge that any reliance by you on the Website, the Website Content and Services, or any advice, communications, information or other services made available by Users, including Participants will be at your own risk and we shall not be responsible or liable to you or any other party in respect of any losses, claims and costs arising out of or in connection with your reliance on the Website or the Website Content and Services, whether the liability shall arise in contract, negligence or other tort, breach of statutory duty or otherwise.


13 - Termination and assignment


13.1

Gearlog reserves the right to terminate User Accounts, access to the Website and/or its contract with you under these Terms and Conditions at any time with or without cause or notice. If you hold a suspended or terminated User Account, you must not re-register on the Website without Gearlog's prior consent.

13.2

Gearlog reserves the right to assign or sub-contract any or all of its rights and obligations under these Terms and Conditions. These Terms and Conditions are personal to you.

13 - Entire agreement

13.1

These Terms and Conditions contain the entire agreement between you and Gearlog relating to the Website and any of the services available through it and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and Gearlog.


14 - Waiver and severance


14.1

If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, such provision will be severed and the remainder of these Terms and Conditions shall continue in full force and effect.

14.2

If you breach these Terms and Conditions and Gearlog fails to take any action in relation to such breach, that does not mean Gearlog has waived its rights to take any action against you in relation to such breach.


15 - Language, governing law and jurisdiction


15.1

English is the only language offered for the conclusion of the contract under these Terms and Conditions.

15.2

These Terms and Conditions are governed by and are to be construed in accordance with English law.

15.3

You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions.