The term “Kitemu” or “we” or “our” or “us”) refers to PT Kitemu and/or its affiliates, including but not limited to Asia Digital Pte. Ltd. and the term “you” refer to the user or viewer of this website and/or Service.
Any new features, upgrades, variations or new packages which are added to this website shall also be subject to these Terms and Conditions. Kitemu reserves the right at its absolute and sole discretion to vary, modify, delete, update or suspend these Terms and Conditions (or any part thereof) for any reason, without prior notice to you. As such, you understand and acknowledge that it is your duty to review these Terms and Conditions on a regular basis.
These Terms and Conditions apply to your use of all of this website and Service owned or operated by Kitemu. You acknowledge that you are aware of the contents of and agree to be legally bound by these Terms and Conditions.
GENERAL REQUIREMENTS FOR USE OF THE SERVICE AND WEBSITE
The Service is only available to individuals aged 18 years or older (or equivalent minimum age in the relevant jurisdiction), unless you are under 18 years old and your account was provided to you as a result of a request by your parent or guardian. Parents and guardians should also remind any minors that conversing with strangers on the Internet can be dangerous and take appropriate precautions to protect children, including monitoring their use of the Service.
To use the Service, you cannot be a person barred from receiving the Service under the laws of any relevant applicable jurisdictions, including the country in which you reside or from where you use the Service.
When you access our website or Service, you may be required to register an account (“Account”). By registering for an Account or by using our Service in any capacity, you represent that you are at least 18 years old (or equivalent minimum age in the relevant jurisdiction) and you understand and agree to these Terms and Conditions. If you are under the age of 18 (or equivalent minimum age in the relevant jurisdiction), you represent that your parents or your legal guardian has reviewed and agreed to these Terms and Conditions. If you access our website or Service through a third party platform, you are obligated to comply with their terms and conditions in addition to our Terms and Conditions.
When you register for an account or update the information, you agree to provide us with accurate information and that you will keep it up-to-date at all times. You may never allow anyone else to use your account (except your parents or legal guardian). If you have reason to believe that your account is no longer secure, then you must immediately notify us at email@example.com. You are responsible for all activities that occur in your Account, whether or not you know about them.
USE OF SERVICE AND/OR WEBSITE
- Kitemu reserves the right to refuse to provide the Service to anyone for any reason at any time. Your use of the Service and/or website is at your sole risk. You may make purchases using a corporate or business mobile account or payment instrument only if you are authorized both to make purchases for the organization and to agree to these Terms and Conditions on its behalf.
- You expressly understand and agree that Kitemu shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, or damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service and/or website.
- In no event shall Kitemu or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, our Service or these Terms and Conditions (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys´ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents it incorporates by reference, or your violation of any law or the rights of a third party or your use of the Service and/or our website.
- The Service may provide, or third parties may provide, links to other World Wide Web (www) sites or resources. Because Kitemu has no control over such websites and resources, you acknowledge and accept that Kitemu is not responsible for the availability of such external websites or resources, and do not endorse and is not responsible or liable for any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), advertising, products or other materials on or available from such websites or resources. As such, you also acknowledge and accept that Kitemu does not and is not obligated to examine, evaluate or screen any of these external resources and does not warrant or endorse any of the information, content, offers or claims of these third parties. You further acknowledge and agree that Kitemu shall 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 such Content, goods or services available on or through any such website or resource.
- You agree not to alter, modify, reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Kitemu.
- The entire content of this website which consists of inter alia text, video (of any format, streaming or otherwise), audio clips (of any format, streaming or otherwise), data assemblages, graphics, logos, buttons, icons and any software (the “Site Content”) is proprietary to Kitemu or its content provider or other third parties and is protected under international and domestic copyright laws. The arrangement and/or compilation of the Site Content is proprietary to Kitemu and is protected under international and domestic copyright laws.
- Verbal or written abuse of any kind (including but not limited to threats of abuse or retribution and defamatory statements) of any Kitemu’s customer, employee, member, or officer will result in immediate account termination.
- The failure of Kitemu to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
- By using Kitemu, you acknowledge that:
- transactions made through Kitemu cannot be repudiated after being initiated.
- you are solely liable for use of your mobile account or payment instrument and that Kitemu shall have no liability to you or any third party for any unauthorized use or access of Kitemu through your mobile account or payment instrument.
- you are responsible for any taxes, duties, currency exchange fees, data charges and related charges on purchases made by you using Kitemu.
- Kitemu may decline to accept a transaction you initiate through Kitemu for any reason, and that, should this occur, Kitemu shall not have any liability to you.
- you consent to be contacted by Kitemu, and to receive notices electronically, including but not limited to by text message, from us. You agree that we may make any notices that we may be required by law to make in electronic format. These communications will be deemed to be in writing and received by you when sent to you.
10. You agree that you may not:
- use Kitemu in any way that violates any applicable law or for any unlawful purpose.
- attempt to harm, disrupt, or otherwise engage in activity that diminishes Kitemu, our websites, or our Service.
- interfere with any other person’s use of Kitemu.
- misrepresent your identity or impersonate any person or entity, including, but not limited to any user of this website, a director, officer, employee, shareholder, agent, or representative of Kitemu, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Kitemu, or our affiliates or any other person or entity.
- or control the rights to such material or have received all necessary consents.
- use Kitemu to harvest or otherwise collect information about others, including e-mail addresses.
- attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse
- engineer any software used or provided by Kitemu.
- use attempt to gain access to any account, computers or networks related to Kitemu without authorization.
- attempt to obtain any data through any means from Kitemu, except if we intend to provide or make it available to you.
- attempt to charge others to use Kitemu either directly or indirectly.
- use Kitemu for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
- use Kitemu to purchase any material protected by intellectual property laws unless you own this website to harm minors in any way, or solicit or otherwise attempt to gain any information from a minor.
- act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this website.
11. Kitemu reserves the right to deny payments from suspicious buyers. In the event that an order or payment is tagged as being suspicious, delivery of item(s) will be delayed until Kitemu can successfully verify its legitimacy, be it by phone or a request for verifying information. The determination of what amounts to suspiciousness shall be at the sole and absolute discretion of Kitemu. You acknowledge and accept that under the laws of certain jurisdiction, Kitemu may be obligated to report any suspicious transactions to the relevant authorities.
12. Unless you notify Kitemu to the contrary on the day of delivery and such notification is confirmed by email, the Service shall be deemed to have been accepted by you as being in good order and in accordance with the terms and conditions under which the Service is offered by Kitemu.
13. You undertake to make all payments promptly and in accordance with any rules, regulations or guidelines issued by Kitemu from time to time and shall not be entitled to withhold payment of all or any of the price.
14. All transactions made in accordance with these Terms and Conditions are final. The Service that has been delivered are strictly non-refundable.
15. If you have any complaints about our website and/or Service, you should direct them to us via e-mail at firstname.lastname@example.org.
INTELLECTUAL PROPERTY RIGHTS
If you purchase content using Kitemu, it is exclusively for your personal consumption. You have no right to reproduce it for any reason. Except for the licenses granted in these Terms and Conditions, you have no right, title or interest in or to Kitemu or its Service. The content and information of this website is protected by intellectual property rights laws and owned by Kitemu and/or the proprietary property of its suppliers, affiliates, or licensors. Without Kitemu’s prior written permission, you may not copy, reproduce, publish, distribute, transmit, display, license, sell, circulate, create derivative works from, or otherwise exploit the content and information of this website to any third party (including, without limitation, the display and distribution of the material via a third party websites or other networked computer environment).
Unauthorized use of this website, including without limitation, unauthorized entry into the Kitemu systems, misuse of passwords or misuse of any information posted on the website is strictly prohibited. In addition, use of this website is unauthorized in any jurisdiction where the use of this website may violate any applicable legal requirements.
All trademarks, service marks, trade names, logos and icons (collectively “Trademarks”) displayed on our website are registered and unregistered Trademarks of Kitemu and others. Nothing contained in our website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on our website without the written permission of Kitemu or such third party that may own the Trademarks displayed on our website. Your use of the Trademarks displayed on our website, or any other content on our website, is strictly prohibited.
DISCLAIMER OF WARRANTIES
Kitemu DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE AND/OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONTENT, INFORMATION, LINKS, FUNCTIONALITY OF THIS WEBSITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES), PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. WITHOUT IN ANY WAY LIMITING THE PRIOR SENTENCE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE AND/OR WEBSITE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) THE CONTENT AND INFORMATION OF THIS WEBSITE IS ACCURATE, SECURE, COMPLETE OR OTHERWISE FREE FROM ERRORS AND OMISSIONS; (IV) THE LINKS AND OTHER ASPECTS OF THE WEBSITE ARE FUNCTIONAL; OR (V) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
KITEMU DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KITEMU DISCLAIMS ANY LIABILITY RELATING THERETO.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information, material, services or products on this website is entirely at your own discretion and risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You will be solely responsible for any damage to your device, computer, or loss of data that results from the use of the Service and/or website.
We have no control over the quality, fitness, safety, reliability, legality, or any other aspect of any Service that is purchased using our Service. We are not required to issue refunds if a purchase turns out to not meet your expectations, or if the third party providers do not fulfill their commitments, although we will make reasonable efforts to assist you in these matters. We have no obligation, and cannot guarantee that, we will resolve any disputes related to any transaction to your satisfaction.
From time to time, Kitemu may be delayed, interrupted or disrupted for an indeterminate period of time. In addition, except as otherwise required by applicable law or regulation, Kitemu may terminate your use of Service or impose limits on the type and/or amount of transactions you are allowed to make with the Service at any time in its sole discretion without prior notice. Kitemu and its affiliates shall not be liable for any claim arising from or related to Kitemu arising from any such delay, interruption, disruption, limitation, or suspension.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES), PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH: (i) THE USE OR INABILITY TO USE THE SERVICE; (ii) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (iii) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (vi) ANY OTHER MATTER RELATING TO THE SERVICE AND/OR WEBSITE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF KITEMU OR OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES), PARTNERS AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF SERVICE AND/OR WEBSITE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify, defend and hold Kitemu, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, partners, and third party providers harmless from and against any and all claims, demand, losses, expenses, damages and costs, including but not limited to attorneys’ fees, relating to or arising from: (a) your use of the Service and/or website; (ii) any violation of these Terms and Conditions by you; (iii) any action taken by Kitemu as part of its investigation of a suspected violation of these Terms and Conditions or as a result of its finding or decision that a violation of these Terms and Conditions has occurred; or (iv) any violation of any rights of another by you. This means that you cannot sue Kitemu, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, partners, and third party providers as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Kitemu’s conclusion that a violation of these Terms and Conditions has occurred.
This waiver and indemnity provision apply to all violations described in or contemplated by these Terms and Conditions. This obligation shall survive the termination or expiration of these Terms and Conditions and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your account, and that these Terms and Conditions apply to any and all usage of your account. You agree to comply with these Terms and Conditions and to defend, indemnify and hold Kitemu harmless from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.
Kitemu may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Service, provided that in the case of non-material breach, Kitemu will be permitted to terminate only after giving you 30 days’ notice and only if you have not cured the breach within such 30-day period. Any such termination or suspension shall be made by Kitemu in its sole discretion and Kitemu will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service.
In addition, Kitemu may terminate your Account upon 30 days’ prior notice via email to the address associated with your Account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance of the Service or any part thereof. Notice of general discontinuance of Service will be provided as set forth herein, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of Kitemu’s reasonable control.
Should you breach any of these Terms and Conditions, Kitemu shall have the exclusive sole and absolute right to terminate, discontinue or withdraw the provision of the Service to you. In the event of a breach by you, Kitemu reserves its right to pursue any remedy or relief in so far as permitted by law, which includes but is not limited to injunction, damages and/or specific performance.
Kitemu is not a bank, e-money issuer, or money transferor and does not require the approval of the relevant Authorities to operate. Your prepaid or post-paid mobile account is not a bank account, e-money account, payment card, or other regulated financial instrument. Kitemu does not process or store your credit or debit card number. This Agreement shall be governed by and construed according to the laws of Singapore without regard to its conflicts-of-law provisions, and you and Kitemu agree to submit to the exclusive jurisdiction of the Singapore courts. Nothing in these Terms and Conditions is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you, us, or our affiliates. Kitemu may assign this Agreement, any of its terms, and any of Kitemu obligations, in whole or in part, at any time, with or without notice to you, but you may not assign this Agreement, or any part of it, to any other party without Kitemu’s prior written approval. Any attempt by you to do so is void.
Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of these Terms and Conditions must be filed within one (1) year after such claim or cause of action first could be filed or be forever barred. We will not be considered to have waived any of our rights or remedies, or portion of them, unless the waiver is in writing and signed by us. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provisions.
These Terms and Conditions constitute the entire agreement between you and Kitemu, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings (including, but not limited to, any prior versions of the Terms and Conditions). No modification or amendment of this Agreement will be binding on Kitemu unless set forth in writing signed by us.
If any part of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect and, upon our request, the court will construe any invalid or unenforceable portions in a manner that most closely reflects the economic, legal and business objectives of the original language. If such construction is not possible, the provision will be severed from this Agreement and the rest of the Agreement will remain in full force and effect.
These Terms and Conditions were written in English. To the extent any translated version of this Agreement conflicts with the English version, the English version controls and prevails. We reserve the right to change, modify or otherwise alter these Terms and Conditions at any time. You can find the most recent version on our website. Such modifications shall become effective immediately upon the posting thereof.