You agree as follows:
- You are granted a non-exclusive, personal, non-transferable licence to use the App on a mobile or other handheld device or tablet (Device).
- You must not:
- adapt, modify, copy or alter any part of the App;
- reverse-engineer, decompile or disassemble the App;
- alter or remove any copyright or intellectual property notices included with the App;
- use the App in any unlawful manner, for any unlawful purpose, or act fraudulently or maliciously, for example by hacking into or including malicious code, viruses or data into the App;
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
- use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of the App.
- You warrant you own or have obtained permission from the owners of the Device to download the App onto the Device. All costs associated with the downloading and use the App on the Device or any other costs arising out of or in connection with the use of the App shall be borne by you and shall not at any time be a liability of Kitcal.
- You hereby acknowledge Kitcal’s ownership of all intellectual property in or relating to the App. You must not at any time do anything to prejudice, challenge or impair our rights in such intellectual property or any other intellectual property owned or used by Kitcal.
- You are solely responsible for the use of the App and any decisions you make based on the App (including all the information made available through the App) are at your sole risk. We do not make any representations or warranties as to the operational performance of the App or the information included in the App and the App and all related information and services are provided on an “as is” basis. Without limiting the foregoing, is App has the sole purpose of allowing communication with the end user of a Kitcal tablet but is not intended a replacement or substitute for communication in person or via a telecommunication device (such as a landline phone or mobile phone) including as may be required on a urgent basis (such as communication to emergency services). . All warranties, express or implied, including without limitation in the implied warranties of merchantability, fitness for a particular purpose or otherwise are hereby disclaimed to the maximum extent permitted by law.
- In the event there is applicable law, any change or introduction of applicable law or any complaint or objection received under applicable law which affects the access and use of the App or any change in the regulatory position governing access and the use of the App, then we may at our sole and absolute discretion notify you and immediately terminate the use of the App or modify the App without notice to you.
- We do not guarantee ongoing access or use of the App and the App may be restricted or blocked for any reason without prior notice including for maintenance, technical or operational reasons. Without limiting the foregoing, we shall not be liable for a failure or delay in access and use of the App where such failure or delay is beyond our reasonable control including without limitation, fire, flood, explosion, earthquake, storm, flood, drought or natural disaster or events caused by pest or disease, epidemic or pandemic, civil commotion, hostilities (whether war is declared or not), sabotage, an act of terrorism, chemical or biological contamination, the acts of any public authority or any Government sanction, embargo or similar action, compliance with any law, judgment, order or decree, any labour dispute or strike or failure of a sub-contractor, the interruption or failure of any utility services or network, any systemic virus, any hacking or ransomware attack or similar, the failure of the transportation of any personnel, equipment, machinery or supplies and/or the shortage of any fuel, power or supplies.