Terms and Conditions
END USER LICENCE AGREEMENT
In this License the following expressions shall have the following meanings:
· a) Reference to “Kadipro” “we” “our” or “us” is reference to Kadipro Limited and or its affiliates, related parties, successors in title and assigns.
· b) Kadipro Limited is regulated by the Esports Kenya Federation.
· c) Kadipro.com is a licensed trademark owned by Kadipro Limited, a company registered under the Laws of Kenya.
· d) Reference to “you” “your””yourself” “user” is reference to any person using the App and the Service (as hereinafter defined).
NOW THIS LICENSE WITNESSES AS FOLLOWS:
1. GRANT OF LICENCE:
In this License the following expressions shall have the following meanings:
1.1 We, Kadipro Limited of P.O. Box 61371-00200 Nairobi, license you to use:
· a) Kadipro.com mobile application software, the data supplied with the software, (the “App”) and any updates or supplements to it;.
· b) The related electronic documentation (the “Documentation”); and.
· c) The service you connect to via the App and the content we provide to you through it (the “Service”) as permitted in these Terms and conditions of this Licence (the “Terms”).
2. BINDING CONTRACT:
2.1 The Terms constitute a binding contract between you and Kadipro. These Terms apply to all services offered by Kadipro as provided herein. By using the App, you agree to be bound by the Terms
2.2 By using the App and the Service, you agree that:
· a) You have understood and accepted the Terms;.
· b) You have read and understood the games rules and information provided in the lobby;
· c) You are bound by the content as specified in the Terms; .
· d) You are bound by the applicable rules relating to the Service; .
· e) You have the mental capacity to take responsibility for your own actions and can enter into this contract with us, which is enforceable by law;
· f)You are responsible for complying with all applicable laws;
· g)There is a risk of losing money and you accept full responsibility for such losses;
· h)You have sufficient battery power on your device to launch the App and use the Service;
· i)You will only use the Service for lawful purposes and in a lawful manner;
· j)You will only use the Service in compliance with applicable laws in your jurisdiction; and
· k)You will not use the Service in any way which could be considered defamatory, abusive, obscene, unlawful, racist, sexist, discriminatory, or which could cause offence.
3. YOUR PRIVACY:
3.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
4. OPERATING SYSTEM REQUIREMENTS:
4.1 This app can run on any device with a modern browser.
5.1 If you think the App or the Service is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at email@example.com.
5.2 If we have to contact you we will do so by email or by SMS using the contact details you have provided to us.
5.3 All written complaints will be processed and responded within fourteen days of receipt of the complaint. We maintain records of complaints received and actions taken in response to the complaints.
5.4 If our internal process has been fully exhausted, you remain unsatisfied as to teh outcome of your complaint, you have a right to escalate the complaint to BCLB.
6. USE OF THE APP:
6.1 In return for your agreeing to comply with these Terms you may:
· a) download or stream a copy of the App onto the user may login into multiple devices but will be logged out of previous ones and view, use and display the App and the Service on such devices for your personal purposes only.
· b) use any Documentation to support your permitted use of the App and the Service.
· c) provided you comply with the LICENCE RESTRICTIONS provided herein, make up to [NUMBER] copies of the App [and the Documentation] for back-up purposes; and .
· d) receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you. .
7. AGE RESTRICTION:
7.1 To download this App and register an account, you must be at least 18 years old. Kadipro Limited reserves the right to demand for proof of age from any user and suspend the account until satisfactory documentation is provided.
7.2 Where an underage user is identified, Kadipro Limited has a right to close the account indefinitely and all funds deposited or owing to the user will be forfeited. Kadipro Limited shall also report the matter to the Esports Kenya Federation or any other relevant authority and the player shall suffer the consequences of such reporting.
8.1 Kadipro Limited grants you a personal right to use the App and the Service and you may not otherwise transfer the App or the Service to someone else, whether for money, for free or for any other consideration. If you sell any device on which the App is installed, you must remove the App from it prior to the sale.
9. CHANGES TO THE TERMS:
9.1 Kadipro reserves the right to update the Terms from time to time to reflect changes in law or best practice or to incorporate changes in our business or the services offered, or to improve the clarity of the Terms.
9.2 We will give you at least fourteen (14) days notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
9.3 If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing Terms but certain new features may not be available to you.
10. UPDATE TO THE APP AND CHANGES TO THE SERVICES
10.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
10.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
11. THIRD PARTY DEVICE
11.1 If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
12. COLLECTION OF TECHNICAL DATA
12.1 By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
13. COLLECTION OF LOCATION DATA
13.1 Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
14. LINKS TO OTHER WEBSITES
14.1 The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
14.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
15. LICENCE RESTRICTIONS
15.1 You agree that you will:
· a) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us; .
· b) not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
· c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Terms; .
· d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (the “Permitted Objective”), and provided that the information obtained by you during such activities:
· i) is not disclosed or communicated without Kadipro’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and .
· ii) is not used to create any software that is substantially similar in its expression to the App;
· iii) is kept secure; and
· iv)is used only for the Permitted Objective;
· v)comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
16. ACCEPTABLE USE RESTRICTIONS
16.1 You must:
· a)not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system; .
· b)not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service including by the submission of any material (to the extent that such use is not licensed by these Terms);
· c)not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
· d)not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
· e)not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
17. INTELLECTUAL PROPERTY RIGHTS
17.1 All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us or our licensors and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these Terms.
18. OUR LIABILITY
18.1 In no event shall we or any of our affiliates and related parties be liable to you for any direct, consequential, indirect, incidental or special damage or loss of any kind including without limitation loss of business, profits, revenue, contracts or anticipated savings, or loss or famage arising from loss, damage or corruption of any data, whether or not the possibility of such loss or damage has been notified to us ahead of time.
18.2 The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.3 The App and the Service shall only be accessed through a stable and secure internet connection. We shall not be liable for any losses caused by a disruption, interruption, glitch or any interference of whatever nature with the internet connectivity of the user while using the Services.
18.4 The App and the Service (including all material and information displayed on or via the Service) are provided without any guarantees, conditions or warranties as to their accuracy save where otherwise set out in the Terms and to the extent permitted by applicable law. We hereby expressly exclude all conditions, warranties and other Terms which might otherwise be implied by statute, common law or the law of equity; and we exclude all liability for:-
· a) any error made due to the input of incorrect information by you;
· b) any fraud, deception or misrepresentations by you;
· c)our decision to deny you the Service;
· d) any delay in paying out any sums of money for the purpose of conducting identity verification procedures;
· e)use of your account for purposes that may be considered illegal under applicable laws;
· f)any transactions on your account which are conducted after the correct entry of the your username and password, including any actions or transactions by an individual that uses your username and password;
· g)any unauthorized interception or use of data relating to you or your account;
· h)any inability to use or access the App or the Service for any reason;
· i)any cause over which we do not have direct control, including problems attributable to device hardware or software (including viruses), data transmission systems or internet service providers;
· j)the loss of any transactions caused by the loss or malfunction of any device used by yourself or any entity relaying information between you, us or any other payment solution company;
· k)any undelivered email communications;
· l)the quality or availability (or lack thereof) of the App or the Service;
· m)any results of any acts of government or authority or any force majeure event;
· n)any losses that were not foreseeable to both parties when the contract between us was formed;
· o)any losses arising from your breach of the Terms;
· p)any losses which are not caused by a breach of the Terms on our part;
· q)the defamatory, offensive or illegal conduct of any other customer;
· r)any loss whatsoever arising from use, abuse or misuse of your account or the Service and the App;
· s)any loss incurred in transmitting information to the App by the internet or by e-mail;
· t)any loss incurred by disruption of the Service and/or the App caused by insufficient battery power or battery drain on your device; and
· u)any failure on our part to interact with you where we may have concerns about your activities.
18.5 The App and the Service are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
18.6 We shall have a right to close your account without any reference to you if the account has been inactive for a continuous period of two (2) years and any residual funds on the account prior to closure shall be reversed to the user’s registered mobile number. If you wish to continue enjoying our App and/or Service you shall be required to sign up as a new user.
18.7 We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
18.8 The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.
18.9 We shall not be in breach of the Terms nor be laible for delay in performing, or failure to perform, any of our obligations under the Terms if such delay or failure results from events, circumstances or causes beyond our control.
19. YOUR LIABILITY
19.1 You agree to fully compensate, defend and hold us harmless from any claims, liabilities, costs, damages and expenses (including legal fees) that may arise as a result of:
· a)your breach of the Terms; and
· b)access and use of the App and the Service by yourself or by anyone else using your username and password.
20. BREACH OF TERMS
20.1 We may end your rights to use the App and Services at any time if we deem that any term contained herein has been breached. In instances where the breach may be remedied, we may give you a reasonable opportunity to do so.
20.2 If we end your rights to use the App and Services:
· a)You must stop all activities authorised by these Terms, including your use of the App and any Services.
· b)You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
· c)We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
21.1 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents, contractors and suppliers, harmless immediately on demand from and against all claims, liabilities, damages, losses, costs and expenses including legal fees, arising out of any breach of the Terms by you or any other liabilities arising out of your access and use of the Service (or by anyone else using your access information and/or accessing your account).
21.2 Any breach will be regarded as a material breach and entitles us to terminate our Agreement with you immediately. As a result of your actions, we may use monies in your account to settle any liabilities we may incur.
22. OUR RIGHT TO TRANSFER THE AGREEMENT
22.1 We may at any time assign or transfer any or all of our rights and obligations under these Terms to another organisation. In particular we may assign or transfer our rights and obligations to any purchaser of all or part of our business. We may also subcontract or delegate in any manner any or all of our obligations under these Terms to any third party or agent.
23. NO RIGHTS FOR THIRD PARTIES
23.1 This agreement does not give rise to any rights for a third party to enforce any term of this agreement.
24.1 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect
25.1 Our failure or delay in enforcing or partially enforcing any term shall not be interpreted as a waiver of any of our rights or remedies. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
26. COMPLAINTS, DISPUTE RESOLUTION
26.1 If you have a dispute or a complaint; you can email customer support on firstname.lastname@example.org.
26.2 We will at all times apply best efforts to resolve a reported matter promptly.
26.3 If you have a query with regard to any transaction, you may also contact us through the provided email with details of the query. We will review any queried or disputed transactions.
26.4 In case you are not satisfied with the resolution of the complaint by us, you may complain to the Esports Kenya Federation
26.5 At all other times where a dispute arises, parties shall refer the matter for Arbitration by a single arbitrator agreed by the parties in writing where the chosen venue shall be Nairobi. Where there is no agreement on the appointment of an arbitrator, then the arbitrator shall, at the request of any of the parties to the dispute, be appointed by the Chairman for the time being of the Kenyan Chapter of Chartered Institute of Arbitrators
27. GOVERNING LAW
27.1 These Terms are governed by laws of the Republic of Kenya and the competent courts in Kenya will have exclusive jurisdiction in any matter arising from or related to these Terms and conditions. However, this shall not prevent us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.