Terms of Use
Please read these Terms of Service (The “Terms”) before using the services offered by Kinfo Ltd, trading as Kinfo mobile application and www.KinfoApp.com (Company registration no. 9840849), whose registered address is London W9 3PJ, UK. For the purposes of these Terms, both the website and applications shall be referred to as the “App”.
Your use of the App is subject to these Terms and use of your personal information submitted via the App is governed by our privacy policy at www.kinfoapp.com/privacy-policy
We reserve the right to change these Terms from time to time, and all amendments will published at www.kinfoapp.com
1. Definitions
1.1 "Content" means all information including without limitation, images, photos, location data and other forms of communication.
1.2 “Your Content” means Content that you submit or transmit to us, through, or in connection with the App, such as descriptions, comments, ratings and photos, and information that you publicly display or that is displayed in your account profile.
1.3 “User Content” means Content that users submit or transmit to, through, or in connection with the App.
1.4 “Third Party Content” means Content that originates from parties other than Kinfo or its users, that is made available in connection with the App.
1.5 "Use" means use of the app for your own personal, non commercial purposes;
1.6 "App" means Kinfo mobile applications and www.KinfoApp.com
1.7 “Us”, “We” and “Our” means Kinfo Limited trading as Kinfo (KinfoApp,com) and Kinfo mobile applications.
1.8 “You” and “Your” means the user of the App, as a registered user
1.9 “Login Details” means information that you provide Us to access your account such as your username and password.
2. Registration
2.1 By using the app you warrant that:
2.1.1 You are legally capable of entering into binding contracts; and
2.1.2 You are 18 years old or above.
2.2 In order to access all features of the app, You shall be required to register with Us. By registering with Us, You consent to Us conducting verification and security procedures in respect of the information provided by You during the registration process.
2.3 You hereby warrant that the information provided by You to Us is true, accurate and correct. You further warrant that You shall promptly notify Us in the event of any changes to such information provided.
2.4 You shall keep Login Details confidential and secure. Without prejudice to Our rights and remedies, We reserve the right to promptly disable Login Details and suspend access to the app in the event We have any reason to believe that You have breached any of the provisions set out herein.
3. Use of the App
3.1 Subject to the Terms, We hereby grant to You a non-exclusive, non-transferable licence to download, install and Use the app on Your mobile device. This licence is in respect of your use of the app only.
3.2 Except as expressly permitted in these Terms, You shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the app, in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the app to source code form; (iii) distribute, sublicense, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the app or Your right to Use the app; (iv) remove or modify any copyright, trademark, or other proprietary notices belonging to Us or our licensors contained within the app; or (v) use the app in any manner not expressly authorised by these Terms.
3.3 We will use our reasonable endeavours to make the app available to You at all times, but We cannot guarantee an uninterrupted or fault free service.
3.4 We reserve the right to make changes to the app or part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features and functionalities of the app.
3.5 You acknowledge You will not be able to access and Use certain functionalities of the app unless You have internet access through a GPRS, 4G, 3G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the Use of the app are subject to Your agreed terms with your mobile network provider.
3.6 Without prejudice to our other rights and remedies, We reserve the right to temporarily or permanently suspend or disable your access to the app at any time without notice to You in the event you breach any of the provisions herein.
3.7 In the event that We, in Our sole discretion, considers that you are making any illegal and/or unauthorised use of the app, and/or your Use of the app is in breach of these Terms, We reserve the right to take any action that it deems necessary, including terminating without notice Your use of the app and, in the case of illegal use, instigating legal proceedings.
3.8 We reserve the right to make any changes to the app or to discontinue any aspect or feature of the app without notice to You.
3.9. We might send you emails from time to time in order to inform you about the latest recommendations posted on the app or to ask you feedback or call for actions. If you wish not to receive those emails you will have the possibility to opt out by simply clicking “unsubscribe me from the email list” at the bottom of each email.
4. Your Obligations
4.1 You shall, at all times:
4.1.1 comply with all applicable laws, regulations, directives and legislations in Your Use of the app;
4.1.2 comply with any guidelines provided or reasonable instructions issued by Us from time to time in respect of Your Use of the app;
4.1.3 comply with any third party terms and conditions of business in the event you opt to use any Content available through the app;
4.1.4 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the app;
4.1.5 not use the app and/or any knowledge, information, know-how and/or expertise derived from the Content to commit any criminal act;
4.1.6 not use the app and/or not do anything that shall or be reasonably deemed to infringe any Intellectual Property Rights or other rights of any third parties;
4.1.7 use the app and any Content at Your own risk and be solely responsible for any illegal conduct, infringement of any third party Intellectual Property Rights and/or any breaches thereof or in any applicable laws and legislations;
4.1.8 notify Us immediately of any circumstances where any intellectual property rights or any other rights of any third party may have been infringed; and
4.1.9 ensure Your mobile device:
4.1.9.1 complies with the device requirements; and
4.1.9.2 contains adequate anti-virus protection,
and You acknowledge that We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect Your mobile device due to Your Use of the app.
4.2 You agree not to, and will not assist encourage, or enable other to use the App to:
4.2.1 Violate our Content Guidelines, for example writing fake or defamatory comment or rating, trading tips with other businesses, or compensating someone or being compensated to write or remove a tip or rating.
4.2.2 Violate any third party’s rights, including a breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
4.2.3 Knowingly post false, misleading, untruthful or inaccurate information
4.2.4 Post anything that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, profane, obscene, discriminatory or other inappropriate as determined by Us in its sole discretion.
4.2.5 Threaten, stalk, harm or harass others, or promote bigotry or discrimination;
4.2.6 Promote a business or other commercial venture or event, or otherwise use the App for commercial purposes except expressly permitted by Us;
5. Term and Termination
5.1 These Terms will remain in full force and effect while you Use the app.
5.2 We may, at any time and for any reason, terminate these Terms with you and deny you access to the app.
5.3 In the event of termination of these Terms for any reason, you must not attempt to Use the app and the rights and licences granted to You under this Agreement shall terminate.
5.4 Section 5 shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.
6. Intellectual Property
6.1 Other than in relation to links to third party websites and non-exclusive content, We own or have a licence to use all right, title and interest in and to the app, including without limitation all copyright and any other intellectual property rights therein. Some of the Content is produced in whole or in part under licence from, and based in whole or in part from, copyright material of the listed merchant. These Terms shall not be construed to convey title to or ownership of the app or the Content contained therein to any User. All rights in and to the app not expressly granted to Users are reserved by Us.
6.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view the Content for Your personal use only.
6.3 You are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos owned by Us, and doing anything which may be seen to take unfair advantage of Our reputation and goodwill or could be considered an infringement of any of the intellectual property rights owned and/or licensed to Us, without first obtaining Our written permission.
7. Warranties and Liabilities
7.1 We provide Users with access to the app free of charge and, to the maximum extent permitted by law. We shall not be liable for any loss, injury or damage of whatever kind caused in whole or in part by Use of the app or the Content, or by any failure, delay, interruption or otherwise of the provision of the app or the Content, or by Our failure to perform any of Our obligations under these Terms.
7.3 Kinfo makes no claims or promises with respect to any third party, such as the businesses or advertisers listed on the app. Your purchase and use of products or services offered by third parties through the app is at your own discretion and risk.
7.3 In no event shall We be liable to You for any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit.
7.4 The Content provided on the app by Us is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
7.5 Where the app includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by Us and, to the maximum extent permitted by law, We shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
7.6 The Content is provided "as is", without any conditions, warranties or other terms of any kind.
7.7 To the maximum extent permitted by law, We expressly exclude all representations, warranties, obligations and liabilities in connection with the app, and the information provided therein.
7.8 Links to third party websites and companies may appear on the app. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.
8. Data Protection and Privacy Policy
Our Privacy Policy can be found on the menu of the app (Menu/Privacy Policy). Here is the summary of our policy:
8.1. Clearly express our Policy and keep it up to date – last updated May 25th 2016
8.2. Only collect information with your consent that is necessary to perform the functions and activities You have agreed to
8.3. Make sure to implement practices, procedures and systems to comply with the Data
Protection Act and the General Data Protection Regulation
8.4. Explain in plain language the type and mechanism of information collected
8.5. Advise you of the purpose for which your information is collected, stored, used and disclosed
8.6. Advise you on your rights to information access, rectification and deletion
8.7. Do our best not to let you down. But you can always remind us on privacy@kinfoapp.com
8.8. Make sure our 3rd parties are as diligent as we are
8.9. Take the necessary security measures to sift out fraud and protect children from abuse
9. General
9.1 You may print and keep a copy of these Terms, which form the entire agreement between You and Us and supersede any other communications or advertising with respect to the app.
9.2 These Terms may only be modified with Our prior written consent. We may alter or amend these Terms at any time, with immediate effect and without notice. By continuing to use the app after such alteration, you will be deemed to have accepted any amendment to these Terms.
9.3 These Terms and their performance shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
9.4 You shall comply with all foreign and local laws and regulations which apply to your Use of the app in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
9.5 You agree that because of the unique nature of the app and Our proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm Us and monetary damages would be inadequate compensation. Therefore, you agree that We shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
9.6 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
9.7 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
9.8 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
9.9 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Us and such third parties shall not be entitled to enforce any term of these Terms against Us.
9.10 If you feel that any materials appearing on the app are offensive, objectionable or potentially defamatory please contact Us by e-mailing us at info@KinfoApp.com providing full details of the nature of your complaint and the materials to which the complaint relates.