Terms of Use

These Terms of Use were created to ensure that we can continue to provide you with the high-quality services you are accustomed to. To do so we need to ensure that both we as well as you are protected from any intentional misuse or abuse, aiming at the disruption of a smooth customer experience.

Should we suspect that a breach of this policy is related to your account you will be notified immediately at the email address you have submitted in your account’s settings and be given 72 hours to reply, in order to resolve the issue. Failure to reply by you or your agent may result in the suspension of your user account. Any breach of this Acceptable Use Policy, and without affecting any other remedies available to us, may result in the temporary or permanent termination or suspension of a user’s account or access to the services without notice or liability, if Kellys in its sole discretion determines that a user has engaged in acts not allowed by us or Kellys as stated this policy.

Definition of Terms in this Policy

 

Kelko, Kellys, we, our or us	Kelko Plant Sales Limited, a company incorporated in Northern Ireland with company number NI036378 whose registered office is at Milltown East Industrial Estate, Upper Dromore Road, Warrenpoint, Co Down, BT34 3PN;
Website, we, us or our	The website and all content under the domain kellysretail.com, any subdomain or directory thereof, related websites and mobile device applications;
User, you or your	Any third party that accesses the website and is not either (i) employed by Kellys and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Kellys and accessing the website in connection with the provision of such services;
Policy	These Terms of Use;
Content	(1) any information, data, text, software, code, scripts, music, sound, photos, graphics, videos, messages, tags, interactive features, or other materials that you post, upload, share, submit, or otherwise provide in any manner on the website (2) any other materials, content, or data you provide to Kellys by any other means.

 

We do not allow the following:

a. Disruptive Acts

[1] Compromising the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services;

[2] Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data;

[3] Modifying, disabling, or compromising the integrity or performance of the services or related systems, network or data;

[4] Deciphering any transmissions to or from the servers running the services;

[5] Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.), such as:

[6] Using “robots,” “spiders,” “offline readers,” or other automated systems to sends more request messages to our servers than a human could reasonably send in the same period of time by using a normal browser;

[7] Going far beyond the use parameters for any given service as described in its corresponding documentation.

 

b. Wrongful Activities

[1] Misrepresentation of yourself, or disguising the origin of any content (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Kellys or any third party);

[2] Using our website to violate the privacy of others, including publishing or posting other people’s private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from our services;

[3] Using our website to stalk, harass, or post direct, specific threats of violence against others;

[4] Using our website for any illegal purpose, or in violation of any laws (including without limitation data, privacy, and export control laws);

[5] Accessing or searching any part of our website  by any means other than our publicly supported interfaces (for example, “scraping”);

[6] Using meta tags or any other “hidden text” including Kellys’ or our suppliers’ product names or trademarks.

 

c. Inappropriate Communications

[1] Using the website to generate or send unsolicited communications, advertising, chain letters, or spam;

[2] Soliciting our users for commercial purposes, unless expressly permitted by Kellys;

[3] Disparaging Kellys or our partners, vendors, or affiliates;

 

d. Inappropriate Content

Posting, uploading, sharing, submitting, or otherwise providing content that:

[1] Infringes Kellys or a third party’s intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right;

[2] You do not have the right to submit;

[3] Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement, including the National Center for Missing and Exploited Children), indecent, harassing, hateful;

[4] Encourages illegal or tortious conduct or that is otherwise inappropriate;

[5] Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition;

[6] Contains viruses, bots, worms, scripting exploits, or other similar materials;

[7] Is intended to be inflammatory;

[8] Could otherwise cause damage to Kellys or any third party.