Terms & Conditions

Introduction

Below you can find our Terms and Conditions for using Kindaba. It’s very important that you understand and agree to these terms and conditions, which form the contract between us, so that you can feel confident about using Kindaba.

Kindaba is designed for families, and therefore, we are dedicated to ensuring that your private community is a safe and secure space. It’s also important to remember that although we are providing this service, you also have obligations under these terms and conditions which we expect you to comply with, and we will remove any user if they are in violation of these terms. Our mission is to keep you connected – safely, securely, and privately.

Topics

Who we are
About these terms
Changes to our terms
About our service
Privacy and data protection
Your obligations
Acceptable use
Your rights and ownership of data
Our rights in our site and service
Disclaimer
Prices and payment
Cancellation
Availability of our site and service
Liability
General


Who we are

We are Kindaba Limited, a company incorporated and registered in Scotland with company number SC556903. Our registered office is at 125 Princes Street, Edinburgh, United Kingdom EH2 4AD.

When we refer to “we”, “us” or “our” in these terms, we are referring to Kindaba Limited.

About these terms

These are the terms which apply to all use of our online family networking platform (which we refer to in these terms as our “service”). Our service is currently available through our website at www.kindaba.com and also via applications specific to your mobile device. When we refer to our “site” in these terms, we mean our website or the specific application that you use to access our service.

Please read these terms carefully before you start to use our site or register for our service. By registering to use our service, or by using our website, you are entering into a legal binding agreement with us based on these terms and our [Privacy Policy]. These terms and our Privacy Policy make up our “contract” with you, and this is important.

If you do not agree to this contract (i.e. these terms and our Privacy Policy), please refrain from using our site and service.

Changes to our terms

We reserve the right to amend these terms from time to time, and if that happens we will either email you to alert you to our new terms or notify you of the change via a popup message when you next use the service. Your continued use of our site or service will be deemed to be acceptance of any new terms. We will not update these terms or our Privacy Policy without notifying you.

About our service

The aim of our service is to provide a private, safe and secure space for families to connect. You may create a family account through our service, in which case we will refer to you as a “family owner” in these terms. If someone in your family has already created a family account, you can join this by creating a user account, in which case we refer to you in these terms as a “user”.

Privacy and data protection

We believe privacy is paramount. It is extremely important to us as creators and users of Kindaba, and we are committed to protecting and respecting your privacy. Our [Privacy Policy] sets out the terms on which we process any personal data we collect from you, or that you provide to us. If you have any questions or concerns about this policy, please do contact us at support@kindaba.com

Your obligations

You must comply with the terms of this contract, as set out in these terms.

  • To qualify to use the service you must meet the following criteria, and accordingly you warrant that you:
    are aged 13 or over;
    have full authority to enter into this contract with us;
    are not currently restricted from using our service;
    will only use our service for your legitimate interests;
    shall not infringe our rights, including any intellectual property rights we may have in our site and service; and
    shall only submit information that you are entitled to submit, which is accurate and not confidential.
  • You shall not permit others to use the “account” you create to access the service. You are responsible for anything that happens through your account until it is closed down, unless the account security has been compromised through no fault of your own. If you discover any unauthorised use of your account you must promptly let us and your family account holder know. We have the right to disable any user identification code, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.
  • You must comply with our [Acceptable Use] policy. This is detailed below.
  • Indemnification is where one person compensates or reimburses another person for certain losses. You agree to indemnify us against all claims, loss, damage or costs which we incur as a result of your failure to comply with the terms of this contract.

Acceptable Use

Kindaba is a private social network designed for families. In addition to creating a safe space away from public viewing, it’s also important that our users behave appropriately on Kindaba and while using the service. It is important for us to protect the privacy as well as the safety of our users. If there is evidence of any actions that harm users as outlined below, it will be grounds for revocation of your membership. We want to make sure you’re safe and have an empowering experience.

  • You must not store or transmit any material during your use of our site or service that is unlawful, dishonest, threatening, defamatory, obscene, discriminatory or offensive on the basis of race, ethnicity, societal background, sexual orientation, gender identity, religious affiliation, or other areas.
  • You must not send or transmit any material which infringes anyone’s intellectual property rights. This means you cannot, for example, copy something from someone else and pass it off as your own.
  • You must not create a false identity or submit inaccurate, false or misleading information.
  • You must not transmit any unsolicited advertising such as spam or junk mail.
  • You must not knowingly introduce 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.

Your rights and ownership of data

On condition that you comply with your obligations under this contract, we grant you a limited, non-exclusive, non-transferable licence to access and use the site and service in accordance with this contract.

All content uploaded (whether by a family owner or user) will be owned by the family owner of the account.

We do not actively monitor or moderate any data posted by you through your account as part of the service. You are solely responsible for all the data you enter or upload using the service.

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 in our Acceptable Use policy.

Our rights in our site and service

We own or validly license all intellectual property rights in our site and service. Except to the extent set out in this contract, or otherwise agreed in writing between us, you are not permitted to use such intellectual property rights. This includes things like our brand, logo, app design, name, and other aspects of our site.

Disclaimer

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

Your experience using Kindaba may include information and materials uploaded by other family owners and/or users of our site. This information and these materials have not been verified or approved by us. The views expressed by other family owners and/or users on our site do not present our views or values.

If you wish to complain about information and materials uploaded by other family owners or users, please contact us on support@kindaba.com.

Your membership

If you select a monthly subscription package, your membership will continue month-to-month until terminated.

If you select an annual subscription package, your membership will continue year-to-year until terminated.

In either case, your membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during the registration process. Free trial eligibility is determined by us at our sole discretion, and we may limit eligibility to new members and certain former members to avoid abuse of the free trial process.

Prices and Payment

A subscription fee is due in advance for use of our service.

The subscription fee is detailed on your registration page and is payable monthly or annually depending on the subscription package you choose. We will charge you your subscription fee at the end of any free trial period unless you cancel your membership prior to the end of this period.

We shall be entitled to increase our subscription fees upon 60 days’ prior notice to you, but not more than once during any 12 month period during the term.

Changing your subscription package

You can upgrade your subscription package from a monthly subscription to an annual subscription at any time through your user account options. Any change in price will be automatically applied to your account.

You can also downgrade your subscription package from an annual subscription to a monthly subscription, however the change in subscription package will only take effect at the end of your current subscription period. Any change in price will be automatically applied to your account at this point.

Cancellation

You can cancel your account through your user account options or by contacting us at support@kindaba.com.

After the end of your free trial, you have a period of 30 days to change your mind and receive a full refund. After this 30 day period, you may cancel your account at any time, in which case your contract will end at the end of the current subscription period. You will continue to have access to the Kindaba service until the end of that subscription period. No further subscription fees will be charged but we shall not be obliged to refund any fees paid.

You can choose to pause your subscription fees at any time through your user account options, in which case we will disable your account until you choose to either restart or cancel your account. If you disable your account, your content will remain on our servers until you reactivate or cancel your account.

Availability of our site and service

We will do our best to make our service available 24 hours a day, seven days a week but we do not guarantee that our site will be secure or free from bugs or viruses. From time to time we may require to carry out maintenance. If possible, we will try to give you advance notice of any maintenance.

We will endeavour to respond to all support queries within two working days (based on UK time).

You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

Liability

Our Liability to you

We are liable to you for:

  • death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
  • fraud or fraudulent misrepresentation; or
  • any matter for which it would be unlawful to exclude or restrict liability.

Limitation of our liability

We have set out below circumstances in which we limit our liability to you. However, these limitations do not apply to the types of liability listed in the section above, for which we remain fully responsible.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by both you and us at the time we entered into this contract (for example, because you discussed it with us before signing up to our service).

Kindaba is designed for your personal and private use with your family, and not as a business tool. We are not liable to you for any business losses. Business losses includes any loss of profit, loss of business, business interruption, or loss of business opportunity. If you use our service for any commercial, business or re-sale purpose we will have no liability to you for such losses.

Our total liability to you in respect of all other losses shall not exceed the sum of the subscription fees paid by you during the 12 months preceding the date of your claim.

If you cancel your account, or this contract is otherwise brought to an end, this section will remain in force.

General

We reserve the right to suspend your access to your account or end our contract with you if you break it.

Even if we delay in enforcing this contract, we can still enforce it later, and if we choose to waive any particular right we have under this contract on any particular occasion this does not prevent us from exercising that right on another occasion.

If any part of this contract is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the contract.

This contract is between you and us. No other person shall have any rights to enforce any of its terms. You are not entitled to transfer or assign your rights and obligations under this contract to anyone else without our prior written permission.

If there are any disputes arising out of your use of the site or the service, or otherwise relating to the contract, then these will be governed by Scots law and subject to the exclusive jurisdiction of the Scottish Courts.

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