Kikasha User Agreement
This Kikasha User Agreement (“Terms”) applies to your access to and use of the websites, mobile apps, widgets, APIs, emails, and other online products and services (collectively, the “Services”) provided by Kikasha (“Kikasha,” “we,” “us,” or “our”). This is a legally binding agreement between you and Kikasha and governs your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services, you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that entity as well as yourself.
1. Your Access to the Services
By using the Services, you state that:
1.1. You are at least 18 years old and over the minimum age required by the laws of your country of residence to access and use the Services;
1.2. You can form a binding contract with Kikasha, or, if you are 13 or older but under the age of majority in your jurisdiction, you may only use the Services under the supervision of a parent or legal guardian who manages your use and/or account. However, if you are under 13, please do not provide us with any information about yourself.
1.3. You are not barred from using the Services under all applicable laws; and
1.4. You have not been permanently suspended or removed from the Services.
1.5. If you are accepting these Terms on behalf of another legal entity, including a business, a company, organization, or government entity, you represent that you have full legal authority to bind such entity to these Terms in which case the words “you” and “your” as used in these Terms shall refer to such entity as well as yourself.
2. Your Account with Kikasha
You are required to create a Kikasha account (an “Account”) and provide us with a username and a password to access our Services. You agree to follow certain rules when you create an account with Kikasha or use the Services, including the following:
2.1. You agree to provide true, accurate, current and complete information about yourself; this includes your real names, current email address and current telephone number.
2.2. You are solely responsible for the information associated with your Account and anything that happens related to your Account.
2.3. You agree to maintain the confidentiality of your password and account details. We recommend that you use a strong password that is used only with your Account
2.4. You agree to immediately notify Kikasha of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.
2.5. You agree NOT to use our services to collect any sensitive personal information, such as health information, social security numbers, financial information, payment card numbers, driver's license numbers, and passport numbers, unless otherwise permitted by these Terms or Kikasha has consented to such collection in writing.
2.6. You will not license, sell, or transfer your Account without our prior written approval.
2.7. You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.
2.8. If you change or deactivate the telephone number and/or email address, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
3. Privacy
Kikasha’s Privacy Policy explains how and why we collect, use, and share information about you when you access or use our Services.
3.1. You understand that through your use of the Services, you consent to the collection and use of this information as set forth in the Kikasha Privacy Policy, including the transfer of this information to the United States, and/or other countries for storage, processing and use by Kikasha and its affiliates.
3.2. You represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) consumers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) consumers.
4. Your Use of the Services
4.1. Subject to your complete and ongoing compliance with these Terms, Kikasha grants you a personal, non-transferable, non-exclusive, royalty-free, revocable, limited license to: (a) install and use a copy of our mobile application associated with the Services that is obtained from a legitimate marketplace on a mobile device owned or controlled by you; and (b) access and use the Services. We reserve all rights not expressly granted to you by these Terms.
4.2. Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:
4.2.1. license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
4.2.2. modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
4.2.3. access the Services or Content in order to build a similar or competitive website, product, or service..
4.2.4. We are always improving our Services. This means we may add or remove features, products, or functionalities; we will try to notify you beforehand, but that won’t always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
5. Your Content
5.1. You agree that You are solely responsible for the content (“Content”) sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to Kikasha and that such use does not violate or infringe on any rights of any third party.
5.2. Under no circumstances will Kikasha be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content.
5.3. Although Kikasha is not responsible for any Content, Kikasha may delete any Content, at any time without notice to You, if Kikasha becomes aware that it violates any provision of this Agreement, or any law.
5.4. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services.
5.5. You retain your rights to any Content you submit, post or display on or through the Services. The Services may contain information, text, links, graphics, photos, videos, audio, streams, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
5.6. By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
5.7. You retain any ownership rights you have in Your Content, but you grant Kikasha the following license to use that Content:
5.7.1. When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Kikasha, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.
5.7.2. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
5.8. Any ideas, suggestions, and feedback about Kikasha or our Services that you provide to us are entirely voluntary, and you agree that Kikasha may use such ideas, suggestions, and feedback without compensation or obligation to you.
5.9. Additional rules about your content: Your Content must be accurate and truthful. Kikasha reserves the right to remove Your Content from the Services if Kikasha believes in its sole discretion that it violates these Terms, or for any other reason. Kikasha may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Kikasha both on the Services and in marketing, advertising and promotional materials. We likewise may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process including to;
5.9.1. respond to claims that any of Your Content violates the rights of third parties;
5.9.2. enforce or administer the Terms of Service, including without limitation, these Terms of Service; and/or
5.9.3. protect the rights, property and/or personal safety of Kikasha, its users and/or the public, including fraud prevention.
5.10. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
5.11. Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Privacy Policy, or if you otherwise create or are likely to create liability for us.
6. Third-Party Content, Advertisements, and Promotions
6.1. The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
6.2. The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
6.3. If you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations, including but not limited to creating official rules, offer terms, eligibility requirements, and compliance with applicable laws, rules, and regulations which govern the Promotion (such as licenses, registrations, bonds, and regulatory approval). Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with Kikasha, and the rules for your Promotion must require each entrant or participant to release Kikasha from any liability related to the Promotion. You acknowledge and agree that we will not assist you in any way with your promotion, and you agree to conduct your Promotion at your own risk.
6.4. The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Company has no control over such sites and resources and the Company is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Kikasha is not liable for any loss or claim that you may have against any such third party.
7. Change of Services
7.1. Our Services may evolve from time to time. Consequently, the Services may change from time to time, at our discretion. We may stop - permanently or temporarily - providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. You agree that Kikasha has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
7.2. You acknowledge that Kikasha reserves the right to terminate accounts that are inactive for an extended period of time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you. Kikasha may offer certain services or features for a fee; by paying for or using one of these services, you agree to any additional terms applicable to that service.
7.3. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Kikasha, its users and the public. Kikasha does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.
8. Things you MUST not Do
8.1. When using or accessing Kikasha, you must comply with these Terms and all applicable laws, rules, and regulations. Please review the Kikasha Rules which are incorporated by this reference into, and made a part of, these Terms and contain Kikasha’s rules about prohibited content and conduct.
8.2. In addition to what is prohibited in the Rules and Policies, you may not do any of the following:
8.2.1. Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Service;
8.2.2. Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services;
8.2.3. Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features;
8.2.4. Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights;
8.2.5. Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with Kikasha Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Kikasha or any payment system;
8.2.6. Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
8.2.7. Interfere with, or disrupt, (or attempt to do so), the access of any user or host or network.
8.3. We encourage you to report content or conduct that you believe violates these Terms or our rules. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email info@kikasha.com
9. Paid Services and Payment Information
9.1. There are no fees for the use of many aspects of the Services. However, some services, may be available for purchase (“Paid Services”). The Terms for the purchase of these Services are set out elsewhere in this Agreement.
9.2. In addition to these terms, Kikasha may change the fees or benefits associated with the Paid Services from time to time with reasonable advance notice of material changes; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Paid Services. Notwithstanding the foregoing, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
You may submit your debit card, credit card, or other payment information (“Payment Information”) via our Services to purchase the Paid Services. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees. All transactions are final, and we do not refund or credit for partially used billing periods.
10. Release and Indemnification
10.1. You agree to cover Kikasha if you use the Services in a way that causes Kikasha to be the subject of a legal matter, or to face other claims or expenses, or as otherwise set forth herein, to the extent permitted by applicable laws.
10.2. Release: You hereby agree to release Kikasha from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
10.3. Indemnification: You agree to defend, indemnify and hold Kikasha and each of its affiliates and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, employees, contractors, and third-party service providers harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of:
10.3.1. your breach of these Terms (including any terms or agreements or rules incorporated into these Terms);
10.3.2. your use of the Services in violation of these Terms or other rules we post or make available;
10.3.3. your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party;
10.3.4. Kikasha’s collection and remission of taxes
11. Proprietary Rights
11.1. The technology and software underlying the Service or distributed in connection therewith, including any content or features contained therein, are the property of Kikasha, our affiliates and our partners (the “Software”). Except as expressly authorized by Kikasha, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, assign, sublicense, or otherwise distribute, create derivative works of, reverse engineer, reverse assemble or otherwise attempt to discover any source code in the Software.
11.2. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by the Company from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by the Company.
11.3. The Company name and logos are trademarks and service marks of the Company (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Kikasha. Nothing in this Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.
12. Copyright, Trademark, and Takedowns
12.1. Kikasha respects the intellectual property of others and requires that users of our Services do the same. We have rules that include the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify Kikasha’a Designated Agent by emailing us on info@kikasha.com
12.2. If you believe that one of our users has violated your copyright, you should notify our legal team in writing through the email info@kikasha.com. In order for us to take action, you must do the following in your notice:
12.2.1. identify your copyrighted work that you believe is being infringed;
12.2.2. identify the item on our service that you think is infringing your work and include sufficient information about where the material is located (for example, a URL or link to a relevant page) so that we can easily find it;
12.2.3. provide us with a way to contact you, such as your address, telephone number, or e-mail;
12.2.4. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on the platform, and
12.2.5. provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are the copyright owner or authorized to act on behalf of the copyright owner whose work is being infringed.
12.3. Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Kikasha for certain costs and damages.
12.4. If we remove Your Content in response to a copyright or trademark notice, we will notify you via Kikasha’s private messaging system. If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification via email on info@kikasha.com
13. Injunctive Relief
You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Kikasha, its Affiliates, suppliers and any other party authorized by Kikasha to resell, distribute, or promote the Services (“Resellers”), and under such circumstances Kikasha, its Affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
14. NO WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND KIKASHA, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KIKASHA, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. KIKASHA DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. KIKASHA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.
15. LIMITATION OF LIABILITY
15.1. IN NO EVENT WILL KIKASHA OR ANY OF THE KIKASHA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA.
15.2. TO THE FULLEST EXTENT PERMITTED UNDER LAW, KIKASHA AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND AGENTS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA OR CONTENT, REVENUE OR PROFIT, OR PERSONAL INJURY OR DEATH) ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORMS, SERVICE, OR ANY CONTENT PROVIDED BY OR THROUGH THE PLATFORMS OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (I) YOUR USE OR INABILITY TO USE THE PLATFORMS AND ACCESS THE SERVICES; (II) COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OR DISTRIBUTION OF CONTENT YOU SUBMIT THROUGH THE PLATFORMS; (IV) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE PLATFORMS; (V) ANY LOSS OR DAMAGE IN RELATION TO CONDUCTING A FUAN OPINION POLL OR PETITION ON KIKASHA OR (VI) ANY OTHER MATTER RELATING TO ANY ASPECT OF THE PLATFORMS AND SERVICE, INCLUDING THE WEBSITE, THE API, ANY PRESENT OR FUTURE APPS, EMAIL COMMUNICATIONS, AND KIKASHA CONTENT ON THIRD PARTY SITES. SOME COUNTRIES AND STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KIKASHA’S LIABILITY AND THE LIABILITY OF EACH OF ITS AFFILIATES, SUPPLIERS, PARTNERS, AND AGENTS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (KSH.1,500) OR THE AMOUNT YOU HAVE PAID US IN THE PAST ONE MONTH.
16. Waiver and Severability
16.1. Failure by either Party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision.
16.2. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
17. Enforcement of Terms of Agreement
17.1. Kikasha has discretion in enforcing these Terms. We may terminate or suspend your permission to use our platforms and services or disable your account at any time, and with or without notice, for any material or repeated violation of these Terms, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or for engagement by you in fraudulent or illegal activities. Upon any such termination we may delete your account, passwords and content and we may prevent you from further access to the platforms and use of our services.
17.2. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content or blocking of your access to our platforms and services.
18. We are not responsible for the content or actions of our users Posts, campaigns, opinion polls or content posted by users come from people, organizations, and other various sources. We make no promises about the reliability of any source or the accuracy, truthfulness, usefulness, safety, or intellectual property rights of any user campaign or content, nor do we endorse any posts, campaigns or petitions or support any views, opinions, recommendations, or advice that may be posted by users. You acknowledge that certain users may have commercial interests in their campaigns. You therefore use the Kikasha services and rely on any content you find at your own risk.
19. Petitions
19.1. Kikasha Service
Kikasha’s mission is to make the world a better place for all. In pursuance of this mission, and subject to these terms of use and our rules, Kikasha enables you to start and promote “campaigns”, which include petitions (that driving the social, economic and political change that you want to see) and related actions like creating and sharing content via our platform and third-party sites and services.
19.2. User content rules
You should keep your petition campaigns and other content you upload in line with all applicable local or national laws of your country, or international laws or regulations. You are solely responsible for any campaign, content, and actions you post or take via the platforms and their consequences.
19.3. Illegal petitions
The following petitions are not allowed on the Kikasha platform:
19.3.1. Petitions that violate the free, democratic basic order or want to abolish it;
19.3.2. Petitions calling for hatred and violence;
19.3.3. Petitions that question the Basic Law;
19.3.4. Petitions directed against human rights conventions or international law;
19.3.5. Petitions against court judgments are only admissible if further legal remedies are sought by normal legal process or if a legal regulation is demanded which would make a jurisprudence challenged by the petitions impossible for the future;
19.3.6. Abusive, derogatory and discriminatory petitions. This includes petitions that insult, vilify and discriminate against individuals or groups based on ethnicity, sex, age, appearance, origin, social status, religion, disability, marital status or sexual orientation;
19.3.7. Petitions with false factual claims, and missing relevant facts. Kikasha reserves the right to subsequently request sources in controversial cases or to have essential facts supplemented;
19.3.8. Petitions which, from a subjective point of view, disparage (the behavior of) persons or groups and judge them in general terms;
19.3.9. Petitions in which blanket attributions are made to entire groups of people that cannot be substantiated and merely reflect one's own opinion;
19.3.10. Petitions which only refer to other petitions and do not state their own independent goals;
19.3.11. Petitions with direct or indirect advertising for own products, services or parties. Petitions with direct or indirect advertising for parties are admissible if the party has launched the petition itself. Petitions that are launched by sympathizers or members of a party and contain direct or indirect advertising for parties are not admissible.
19.3.12. Non-compliant petitions such as but not limited to ;
a. Petitions are only admissible if the petitioner registers with his own full name or on behalf of a legal person, stating the full address and the Email address actively used. The Email address will be used for verification. The address may also be used for verification by public authorities.
b. Petitions must not violate the copyrights of third parties. When using copyright protected texts, images or videos it is the responsibility of the petitioner to obtain the consent of the rights holders and to name the sources;
c. To publish personal data of non-public persons requires the consent of this person;
d. Petitions must be written in the local language. You can create other language versions of the petition;
e. Petitions, whose content and/or the demand of the original petition were changed or extended afterwards seriously, will be blocked;
f. Petitions that represent a wrong translation of the petition into the original language by differing in the relevant content or demand will be terminated
19.4. Restricted Petitions
The following petitions will be restricted:
19.4.1. Petitions which are not addressed to specific persons, legal entities, parliamentary bodies or organizations in politics, business, society or to the public as a whole will not be publicly listed;
19.4.2. Petitions that do not meet our quality requirements will be removed ;
19.4.3. Petitions that exclusively pursue the interests of the petitioner are treated as individual concerns. Individual concerns are not publicly listed;
19.4.4. Petitions content equal to or similar to ongoing petitions are not listed publicly, but they remain signed.
19.4.5. Petitions addressed to a recipient who is not in charge of a decision will not be listed publicly and the supporters will be informed about that fact;
19.4.6. If the correctness of statements in a petition is disputed or if the statements are not sufficiently documented, the supporters will be informed and the petition will not be publicly listed;
19.4.7. In case of slight violations of our terms of use for permitted petitions, a period of three (3) days may be granted to rectify the violations. During this period, the petition will not be publicly listed.
19.5. Violation of Rules
If Kikasha is put on notice that your petition, campaign or content violates the law or the rights of others (for example, if it is established that it is defamatory or violates privacy, intellectual property or publicity rights or others, or is promoting an illegal activity), if we discover that your campaign or content violates Kikasha Rules, or if we believe your campaign or content is inappropriate or objectionable, we may remove it from our platform. Sharing campaigns and other actions
19.5.1. Except in very limited circumstances where Kikasha will expressly ask you not to, we encourage you to link to, post to social media and third party services, such as Facebook or Twitter, share via email, or otherwise copy and share individual petitions and campaigns of interest to you, but only for informational, non-commercial purposes.
19.5.2. If you share another user’s petitions, questions, or other content, you may not make any modifications, and you may not remove any attributions. When you post content to any third party service through the features and functionalities of our platforms (such as our app), you will be subject to the terms of that third party service. If you want to remove any petition or content from a third party service, you should contact that third party service and request removal directly from them.
19.6. No User Content Storage
We are not a content-archiving service. We do not promise to store or make available on our platforms any content that you or other users may post for any length of time. You are solely responsible for keeping backups of everything you post on the platforms.
19.7. Promoted Petitions
19.7.1. The ability to purchase promotional items and services includes, but is not limited to, our Promoted Petitions service. When you pay to promote a petition using our Promoted Petition tool, you are purchasing advertisements for that petition, which will allow the petition to be discovered by potential supporters who may go on to sign. In exchange for your purchase, Kikasha will advertise your chosen petition to other potential supporters within our website, and/or via email, and/or other distribution channels. Kikasha reserves the right as to which of those locations the purchased advertising will be delivered.
19.7.2. We use a standard digital advertising model called CPM which stands for “cost per thousand impressions.” The amount you pay determines the number of times we will display the petition advertisement to other potential supporters on your behalf. Each time the petition ad is displayed to a potential supporter, that “impression” or “view” counts toward the fulfilment of our promotional obligations to you. The CPM rate, or the cost per 1,000 ad impressions, varies based on country, currency, and other factors.
19.7.3. Kikasha reserves the right to track and calculate the number of delivered ad impressions using multiple data sources. Because we are unable to directly track delivered impressions via some platforms (e.g., Apple iOS devices), the number of impressions of a petition ad that we are agreeing to provide in exchange for your contribution is based, in part, on a projection from recent past experience. In other words, it is an estimate—although it is an estimate that we believe to be accurate based on the best information available to us. We reasonably believe that the specified number of impressions (or a close approximation) will be provided, but because of imperfect information, we cannot guarantee any precise number.
19.7.4. The money you spend on Promoted Petitions does not get disbursed directly to the petition starter(s) or any other organizations associated with the underlying campaign or cause. Promoted Petition purchases directly benefit the petition (and indirectly benefit the underlying cause) by giving the petition greater public exposure, increasing the likelihood that the petition will gather more signatures and momentum. If the actual cost to Kikasha of providing the promised ad impressions is less than the amount that you pay to purchase those impressions, Kikasha reserves the right as to how to utilize the balance. By default, the Promoted Petition tool is activated on most petitions. If the Promoted Petition tool is disabled, the petition will not be eligible to be recommended to other Kikasha users via email, on our website, or other channels. As the petition starter, you can request the Promoted Petition feature to be disabled on your petition. To do so, you can contact us via info@kikasha.com
19.7.5. In circumstances where the petition is marked a victory before the promotion has been fulfilled, we will continue to advertise the content, without the ability to collect signatures, for the remaining number of purchased impressions.
19.8. REFUNDS & REMOVAL
19.8.1. If you are unsatisfied with your Promoted Petition purchase for any reason, you may request a refund. To be eligible, refund requests must be received by Kikasha Help Desk within 90 days of purchase. To request a refund, please contact us on info@kikasha.com
19.8.2. Kikasha reserves the right to disable the Promoted Petitions service and/or remove any petition for violations of our Rules, our Terms of Service, and/or other discretionary reasons as we deem appropriate, regardless of the petition’s Promoted Petition history. We reserve the right to not issue refunds in cases of fraud, abuse, or violations of our Terms of Service.
19.9. Charges and Cancellation
19.9.1. You agree that Kikasha may charge to Your credit card or other payment mechanism selected by You and approved by Kikasha (“Your Account”) all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. Unless stated otherwise, all prices and fees shown by Kikasha are exclusive of taxes and regulatory fees, service, service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. Where applicable, taxes and regulatory fees will be charged on the invoices issued by Kikasha in accordance with local laws and regulations. The taxes and regulatory fees charged can be changed without notice.
19.9.2. All payments made by you to us under this Agreement will be made free and clear of any deduction or withholding, as may be required by law. If any such deduction or withholding (including but not limited to domestic or cross-border withholding taxes) is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by us is equal to the amount then due and payable under this Agreement. We will provide you with such tax forms as are reasonably requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made under this Agreement.
19.9.3. Kikasha may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that Kikasha will provide you with prior notice and an opportunity to terminate Your Account if Kikasha changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees.
19.9.4. You agree that in the event Kikasha is unable to collect the fees owed to Kikasha for the Services through Your Account, Kikasha may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Kikasha in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Kikasha may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for.
20 Use of the Anonymity feature
20.1 You understand that the anonymous feature enables users to conceal their identity where applicable. However, you understand that Kikasha may reveal identity of anonymous users to comply with applicable law or respond to valid legal process, including from law enforcement or government agencies.
20.2 You understand that the anonymous feature is not in any way intended to allow users to post illegal, defamatory, libellous, malicious, false or misleading information. At all times, your use of the Services is subject to all applicable laws and regulations and our terms of use. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or otherwise use via the Service.
20.3 You understand that you shall not use the Service to impersonate or misrepresent your affiliation with any person or entity. You also acknowledge that creating, submitting or sharing your User Content may give rise to various types of legal liabilities and you represent that your User Content complies at all times (both when first submitted and throughout its accessibility on the Service) with the Terms of Service and all applicable laws. You understand that Kikasha does not pre-screen User Content and is not liable for the content (including User Content) transmitted by users, including, but not limited to any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.
20.4 Individuals and organizations subscribing to view anonymous posts also understand that Kikasha does not validate, monitor, or endorse any User Content of any user or other licensor, or any opinion, recommendation, or advice expressed therein nor vouch for their reliability. Under no circumstances will Kikasha or its suppliers or agents be liable in any way for any User Content.
20.5 You further acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kikasha relating thereto.
20.6 You acknowledge that when posting or sharing content it is your responsibility to clearly and truly identify its nature to ensure it is accurate and complies with all applicable laws and regulations. This is necessary for the respectful operation of the Service and in order to protect other users by identifying content that may be inappropriate.
21. TERMINATION:
a. The Kikasha website contains information on how to terminate Your Account. If you have purchased a Service for a specific term, such termination will be effective on the last day of the then-current term.
b. If you fail to comply with any provision of this Agreement, Kikasha may terminate this Agreement immediately and retain any fees previously paid by You. Sections 1 and 3 through 20, inclusive, shall survive any termination of this Agreement.
c. Upon any termination of this Agreement, You must cease any further use of the Services. If at any time You are not happy with the Services, Your sole remedy is to cease using the Services and follow this termination process.
22. IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.a. Contact Us First.
If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern.b. Agreement to Arbitrate
In the unlikely event that our customer support team is unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms, with respect to the Services, or related to our relationship through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability and arbitrability of these Terms. This arbitration provision will survive termination of these Terms. These Terms evidence a transaction in interstate commerce and the interpretation and enforcement of this Section 9 is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 23(h) below.c. Scope of Agreement
This agreement to arbitrate is intended to be broadly interpreted as to legal disputes between you and us. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.d. Exceptions
Notwithstanding this Agreement to arbitrate, either party may (i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies); or (ii) bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court in the U.S. Patent or Trademark Office to protect its Intellectual Property Rights ("Intellectual Property Rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). In addition, the portion of any dispute or complaint relating to our participation in the US-EU or US-Swiss Privacy Shield Frameworks is subject to the Dispute Resolution section of our Privacy Policy before being subject to this Section.e. No Class Actions
YOU AND KIKASHA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.f. Notice of Dispute
A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Notice"). The Notice to Kikasha must be addressed to info@kikasha.com . If Kikasha has no records of such physical address, such notice may be delivered to your Kikasha account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Kikasha and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Kikasha may commence an arbitration proceeding.g. Arbitration Proceedings
The arbitration will be governed by the Kenyan Chapter of Arbitrators In the event of any dispute or difference between the parties, hereto, such dispute or difference shall be resolved amicably by mutual consultation. If such resolution is not possible, then, the unresolved dispute or difference shall be referred to arbitration of an arbitrator assisted by two external and independent assessors who shall be nominated by mutual agreement between the two parties. The award of the arbitrator shall be binding upon parties to the dispute. Provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Supreme Court whose decision shall bind the parties finally and conclusively. Each party shall bear its costsh. Location of Arbitration Proceedings
If you are a Consumer, any arbitration hearings will take place in Kenyai. Costs of Arbitration; Legal Fees.
Each party will bear its own legal fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party's request, the arbitrator will award such prevailing party the reasonable legal fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relate to your personal or household use of the Services (rather than business use) Kikasha will not seek to recover its legal fees and expenses in an arbitration initiated by you. The arbitrator may make rulings and resolve disputes as to the reimbursement of legal fees and expenses upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.j. Future Changes
Notwithstanding any provision in these Terms to the contrary, you and Kikasha agree that if Kikasha makes any future change to this arbitration provision (other than a change to the Notice Address) Kikasha will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.k. Opt Out
You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above by sending (from the email address we associate with you as a User) written notice of your decision to opt-out to info@kikasha.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Services or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. Note that if you opt out of these arbitration provisions, Kikasha also will not be bound by them.23. General
These Terms, together with the Privacy Policy and any other agreements and Rules expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of the Services. We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms are an agreement between you and Kikasha Limited. If you have any questions about these Terms, please contact us via info@kikasha.com