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.
Who we are
About these terms
Changes to our terms
About our service
Privacy and data protection
Your rights and ownership of data
Our rights in our site and service
Availability of our site and service
We are Kindaba Limited, a company incorporated and registered in Scotland with company number SC556903. Our registered office is at 42 Charlotte Square, Edinburgh, United Kingdom, EH2 4HQ.
When we refer to “we”, “us” or “our” in these terms, we are referring to Kindaba Limited.
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.
The aim of our service is to provide a private and safe space for families to connect. You may create a Kindaba account through our service, in which case we will refer to you as a “user” in these terms.
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;
- shall only submit information that you are entitled to submit, which is accurate and not confidential;
- 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’s security has been compromised through no fault of your own. If you discover any unauthorised use of your account you must promptly let us know. We have the right to disable your account, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.
- comply with our Acceptable Use policy, which is detailed below; and
- 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 (indemnification is when one person compensates or reimburses another person for certain losses).
Kindaba is an online family networking platform. In addition to creating a safe space away from public viewing, it’s also important that our users behave appropriately 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 cancellation of your account. 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.
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 data you upload to our service belongs to you.
We do not actively monitor or moderate any data uploaded 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 do have the right to remove any data you upload if it is reported to us by other users and, in our opinion, it does not comply with the content standards set out in our Acceptable Use policy.
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 and service.
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 users of our service. This information and these materials have not been verified or approved by us. The views expressed by other users of our service do not present our views or values.
If you wish to complain about information and materials uploaded by other users, please contact us at firstname.lastname@example.org.
We will do our best to make our site and service available 24 hours a day, seven days a week and to keep them secure and free from bugs or viruses.
From time to time we may require to carry out maintenance. If possible, we will 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.
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; and
- 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 any 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.
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.