MOBILE APPLICATION END USER LICENSE AGREEMENT
Effective Date: _______________
This End User License ("License") is between you and The KIM People Limited ("Mr.KIM") and governs your use of the Mr.KIM application (the "App"). The Mr.KIM App allows you to use certain aspects of Mr.KIM's service, available at www.Mr.KIM.com-hyplink as well as certain specific features only available through the App (the "Service").
BY DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APPLICATION.
1. Parties. The parties to this License are you and Mr. KIM alone; they are not your mobile device's app distributor or operating system (such as Apple, Android, Amazon, Nokia, Samsung, or Microsoft). The App's content is exclusively Mr.KIM's responsibility, not that of these businesses. Your mobile device operator or App distributor may have the right to enforce this License against you as a third party beneficiary, depending on your mobile device operating system or the App distributor and their applicable app store terms of service.
2. Terms of Service. Your use of the Service through the App is subject to the Mr.KIM Terms and conditions-this is a hyperlink linking to the Mr.KIM Terms and conditions-delete this explanation) which is made a part of this License. Additionally, you acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this agreement.
3. Articles, Tips and Other Content. Mr.KIM provides certain content relating to home improvement, repair, maintenance (“Articles”), on the Mr.KIM website, and via mobile applications owned and operated by Mr.KIM. You are solely responsible for your use of such Articles, which are provided "as-is" and without any warranties or claims. You acknowledge and accept that the Articles do not offer advice and cannot replace the counsel of a professional.
4. Collection and Use of Your Information. Mr.KIM may collect and use your information as set forth in its Mr.KIM Privacy Policy- this is a hyperlink linking to the Mr.KIM privacy Policy-delete this explanation) which is made a part of this License. Mr.KIM makes the following App-specific privacy disclosures: Mr.KIM may collect and use information related to your device, such as the unique device ID ("UDID"), the device type, operating system, and carrier information. Mr.KIM may collect and store information about your activities on the app and online/offline status and tie that information to your UDID. Mr.KIM may share such information with vendors who power certain features of the App such as voice recognition or push notifications, and with analytics vendors who help us better understand our App user demographics. Advertisers and advertising networks that place ads in the App may also collect, store, and use your information about your usage of the App, your general geographic area and interaction with ads and to link this data with your UDID for their own usage, including targeting ads to you. With your consent, Mr.KIM may collect and store your exact geographic location information to power the "Find a professional provider" or similar feature, which allows App users to see relevant Service Professionals near their current location. We may share this information with advertisers and advertising networks to target advertisements to you based on your geographic location. If you interacted with one of our mobile ads promoting the App, we may have used an ad tag in order to recognize you when you install the App. We do this to measure the performance of our ad campaigns.
5. License Grant. Subject to the terms of this Agreement ,Mr.KIM grants you a limited, non-exclusive, non-transferrable, revocable license to use the App for your personal, non-commercial purposes. You may only use the App on a device that you own or control and as permitted by the terms of service of the app store where you may have downloaded the app.
6. License Restrictions. Licensee shall not: (a) copy the Application, except as expressly permitted by this license; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
7. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE 4 COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY FOR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
9. Maintenance and Support. Mr.KIM provides limited support for the App and the App is provided "as is". To the extent that any maintenance or support is required by applicable law, Mr.KIM, not the app distributor or operating system of your mobile device, shall be obligated to furnish any such maintenance or support.
10. Third Party Intellectual Property Claims and Indemnification . Mr.KIM shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Mr.KIM App. To the extent Mr.KIM is required to provide indemnification by applicable law, Mr.KIM, not the app distributor or operating system of your mobile device, shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the Mr.KIM App or your use of it infringes any third party intellectual property right. Additionally,
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that Company assumes no responsibility for the content you submit or make available through this Application.
11. Product Claims. Mr.KIM, not the app distributor or operating system of your mobile device, is responsible for addressing any claims by you relating to the Mr.KIM App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Mr.KIM App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this License shall be deemed an admission that you may have such claims.
12. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
13. Governing Law. This Agreement is governed by and construed in accordance with the Kenya internal laws without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the local courts of Kenya or the courts of East Africa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Mr.KIM with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
15. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and other terms, the terms of this Agreement shall govern.
16. Contact Information. Should you have any questions, complaints, or claims relating to the Mr. KIM App, please contact us at mobilefeedback@Mr.KIM.com- Create an email account for this purpose.