Terms of use of the Service
Terms of use of the Service
Kenya
Introduction
The Kamoa mobile app/Service:
Provides a dashboard of your money goals, progress and, where applicable, consumer loan balance
Gives you smart money insights
Allows you to establish a money goal
Offers the ability to act on these by acquiring and demonstrating knowledge about saving, budgeting and sound credit habits
Allows you to connect your bank account for a holistic view of your money personality and habits
Offers the ability to gain access to less expensive loans over time based on continued positive in-app behaviour
Allows you to connect to lending services and products from our partners
All in one app
Here are our Terms of Use. We’ve presented them in plain English below so that you can fully understand just how Kamoa, Kamoa services and the Kamoa mobile app (collectively referred to as “the Platform”) work as well as the rules to apply when using the Service. In addition to the below, please also read our Privacy Policy to learn in detail how we handle your data.
These Terms of Use in addition to the Privacy Policy and any other policy referred to in them (collectively referred to as "the Terms") apply to your use of the Service.
Please note that you must read through carefully and agree to these Terms of Use before using the Service. If you do not agree to the Terms of Use and the Privacy Policy, please understand that you may not access or use the Service.
By accessing or using the Service, you confirm that you form a binding contract with us, that you accept and consent to the Terms and that you agree to comply with them. You also agree to ensure that anyone who uses the Service on your device also strictly abides by and adheres to the Terms.
If you are in a jurisdiction where the Service is illegal, unauthorised or penalised, please note that you are strictly prohibited from using the Service. If you do not agree to the Terms or wish to comply with it, you must not access or use the Service.
We reserve the right to update or modify the Terms of Use at anytime by giving notice of such change on our Platform, website or by email. The change will become effective on the date specified in the updated terms. You may object to the change by ceasing to use the Service.
In this document all references to "we" and "us" refers to Kamoa App Nig Ltd; references to "you" refer to you, the data subject or user.
Enjoy exploring our mobile app and Service!
Who we are
We are Kamoa App Nig Ltd (hereafter referred to as "Kamoa" "we" and "us") operating a read only service platform that analyses your transaction information to help you save, budget and borrow more efficiently.
Overview of the Service
The Platform is a technology-as-a-service provider and is a tool for tracking and managing credit and identifying opportunities related to your finances (the "Services"). It consolidates and tracks your financial information, and analyses your transaction information to help you save, budget and borrow more efficiently.The Service may provide you with information relating to products or additional services provided by third party partners.
We do not and are not authorised to provide financial advice. If you require financial advice, please consult your financial advisor.
Your account
You may access the Service by registering an account ("Account"). By creating an Account either directly or through a third party such as Facebook or Google, you represent and confirm that any registration information you submit is true, accurate, current and complete and that if there is any subsequent changes thereof, you will update your registration information accordingly.
As part of the registration process, you will be asked to provide personally identifiable information such as your name, email address, age, postal mailing address, mobile telephone number, gender and other demographic or personal information (collectively, "Personal Data"), as well as asked to select a password and User Name.
If any Personal Data or registration information you have provided is determined by Kamoa, in its sole discretion, to be untrue, inaccurate, not current, incomplete, offensive, misleading or designed to deceive, or if Kamoa, in its sole discretion, believes it has a basis to suspect that such is the case, Kamoa reserves the right to immediately suspend or terminate your Account, either with or without notice to you, and to refuse to grant any and all current or future access and use of the Service (or any portion thereof) and or any benefit to which you may be entitled through your access and use of the Service.
We reserve the right to immediately terminate your Account, or suspend your access to your Account, without notice, for conduct that Kamoa believes, in its sole discretion, is illegal or inappropriate including but not limited to sharing of offensive or illegal content, using the Service in any manner that may be harmful to other users, third parties or to the Service, being investigated by a lawful authority or any other circumstance Kamoa considers appropriate to terminate or suspend your Account.
Please note that the use of your Account for any illegal, fraudulent or abusive purposes may be referred to your local law enforcement authorities without notice to you.
By registering an Account and accessing the Service, you are indicating that you have read and agree to the Terms of Use and to conditions thereof, and you further acknowledge and agree that you understand how and under what circumstances the personal information you provide will be used.
You also agree to receive marketing promotions and other solicitations from Kamoa and or other third parties based on the information you provided.
You are not obligated to opt-in to receive any third-party offers when you participate in the Service. However, if you choose to opt-in to receive any third-party offer(s), you understand and agree that such third parties may contact you using the registration information you provide to Kamoa.
Refer a Friend’ and ‘Earn with Kamoa’ are time-limited promotions.
Kamoa reserves the right to change the terms of the promotion at any time. This can include, but is not limited to changing the cash value of the token, changing the number of tokens awarded to users for making referrals and the conditions under which a user unlocks the ability to refer at both Standard and Gold levels.
The initial promotional period runs from 01 January 2024 - 31 March 2024.
What we ask you not to do
Notwithstanding anything to the contrary in this Agreement, you are strictly prohibited from:
(i) using Kamoa, materials or the Service for any commercial purpose or the benefit of any third party or any manner not permitted by the Terms;
(ii) using Kamoa, materials or the Service to, or in any way that would, violate any applicable laws, regulations or ordinances;
(iii) removing any proprietary notices from Kamoa, materials or the Service or any copies thereof;
(iv) causing, permitting or authorizing the modification, creation of derivative works;
(v) selling, assigning, renting, leasing, acting as a service bureau, or granting rights in Kamoa, materials or the Service, including, without limitation, through sublicense, to any other entity without the prior written consent of Kamoa;
(vi) translating, reverse engineering, decompiling or disassembling any software of Kamoa;
(vii) accessing, creating or modifying source code related to Kamoa, materials or the Service in any way;
(viii) collecting any information or communication about the users of the Kamoa, materials or the Service by monitoring, interdicting or intercepting any process of or communication initiated by Kamoa, materials or the Service or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
(ix) attempting to hack the Kamoa, materials or the Service or any communication initiated by the Kamoa, materials or the Service or to defeat or overcome any encryption and or other technical protection methods implemented by Kamoa or its licensors with respect to Kamoa materials or the Service and or data and or content transmitted, processed or stored by Kamoa or other users of Kamoa, materials or the Service;
(x) taking any steps to interfere with or in any manner compromise any of Kamoa's security measures; or
(xi) using Kamoa, materials or the Service to develop, generate, transmit or store information that:
(a)infringes any third party's intellectual property or other proprietary right;
(b)is defamatory or harmful; or
(c)in any way obstructs or otherwise interferes with the normal performance of another person's use of the Kamoa software or Service, using any unlicensed or unauthorized copies of the Materials and Software.
You acknowledge that Kamoa may be required to disclose information to third parties under applicable law, and you expressly authorize Kamoa to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you. Except where Kamoa specifically requests or solicits comments or submissions, Kamoa does not accept, solicit nor consider any creative ideas, suggestions, comments or materials (collectively, "Comments") from the public.
If a Comment is received from you by Kamoa, you understand, acknowledge and agree that:
(i) it may be utilized by Kamoa free of any right, claim, title or ownership interest in the Comment(s),
(ii) you waive your right to assert any ownership right, claim, title and interest of any kind in the Comment(s) (including, but not limited to unfair competition, Intellectual Property, moral and or similar rights or implied contract),
(iii) you hereby grant Kamoa a non-exclusive, perpetual, irrevocable, worldwide license to use the Comment(s) in every media and for every purpose now known or hereinafter discovered,(iv) you waive the right to receive any financial or other consideration or remuneration in connection with such Comment(s), including, but not limited to, attribution or other credit,
(v) You completely release Kamoa (and its subsidiaries, providers, licensors, and affiliates and each of their officers, directors, agents, joint-ventures and employees) in all respects from any claims, demands, actions, losses and other perceived, actual, incidental, indirect, exemplary, special or consequential damages of every kind and nature (collectively, "Claims"), known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of, relating to or in any way connected with your solicited and unsolicited submissions, including, without limitation, all Claims for theft of ideas or Intellectual Property Rights infringement by Kamoa.
Information not advice
Contributions, articles, commentary, charts, data visualisations and other materials posted within the Service are provided for general information only. Content within the Service is not and should not be construed as or considered to be financial or other professional advice. You should not rely on the content within our Service as the basis for making financial decisions. For financial advice and or if in doubt, you should seek professional advice from your financial advisors. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials or content by any user of our Service or by anyone who may be informed of any of its contents.
If a third party is using either the Service or content made available by the Service to provide advice, then that advice is a separate service and is not part of the Service. We bear no responsibility for and are not liable for any advice or service provided by this third party.
Posting on the Platform
As part of the Service, we allow users to post content (for example on user forums and or blogs). If you wish to post user-generated content, you agree to follow these rules:
We have zero tolerance towards any objectionable or unlawful content and abusive users. We reserve the right, at any time and without prior notice, to take down, remove or disable access to content at our discretion for any reason including without limitation, if the content violates the Terms or if we find the content is objectionable, unlawful or otherwise harmful to the Services or our users, and block access to and or terminate the Accounts of any user who posted objectionable or unlawful content.
If you wish to complain about objectionable or unlawful content posted by other users, please report directly on the Platform. Upon receipt of your complaint, we'll respond promptly and remove such objectionable or unlawful content and eject the user who posted such objectionable or unlawful content. We also have the right to remove any content you post on the Platform if, in our opinion, your content is objectionable or unlawful content or does not comply with the Terms.
You are responsible for all content you submit to us;
In submitting content to us, you confirm that you have all necessary rights and hereby grant us perpetual, worldwide, exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with us and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channel(s);
You may not copy or use personal identifying or business contact information about other users without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited;
You accept that we may edit your comments for clarity or remove any comment.
Third parties
Within the Service, you will find links that may let you leave Kamoa Service. These links are provided as a courtesy only, and the sites they link to are not under the control of Kamoa in any manner whatsoever. Therefore, Kamoa is in no manner responsible for the content of any such linked site(s) or any link contained within a linked site, including any changes or updates to such site(s). You acknowledge that Kamoa is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, partnership, endorsement nor sponsorship by Kamoa of the site(s) and or any of the content therein.
You understand that all third party content, including, without limitation all advertisers, marketers and other third party offers, data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials made available or accessible through Kamoa, materials and the Service (collectively, "Third-party Content"), whether publicly available or privately transmitted, is the sole and exclusive property of such third parties, each of whom assumes complete responsibility for the Third-party Content they have created.
Kamoa has and accepts no responsibility for and does not endorse nor control such Third-party Content. This means that you, and not Kamoa, are entirely responsible for all Third-party Content that you upload, download, post, email, transmit or otherwise make available via Kamoa or the Service.
Kamoa does not guarantee the accuracy, integrity nor quality of such Third-party Content. You understand and agree that by accessing and using Kamoa, materials and the Service, you may be exposed to Third-party Content that may be offensive, indecent, infringing, hazardous, illegal or objectionable in your community. You agree to assume and accept all risks associated with the use of any Third-party Content, including any reliance on the accuracy or completeness of such Third-party Content. You agree that you must evaluate, and bear all risks associated with, the use of any Third-party Content, including any reliance on the accuracy, completeness, or usefulness of such Third-party Content.
You acknowledge that you may not rely on any Third-party Content submitted to Kamoa including, through the Service. Under no circumstances will Kamoa or its licensors be liable in any way for any Third-party Content, including, but not limited to, any errors or omissions in any Third-party Content or any loss or damage of any kind incurred as a result of the access and use of any Third-party Content posted or transmitted via the Service. By accessing and using the Service, you understand, acknowledge and agree that you may be subject to various risks, including, without limitation, the exposure of data you have downloaded or have offered to share, and that you assume and accept all such risks as solely your risks and responsibility.
In addition, all Third-party Content made available or accessed through the use of the Service is the property of the applicable Third-party Content owner and may be protected by applicable laws, including without limitation, those relating to Intellectual Property Rights.
Connected accounts
In some areas of the Service, you have the ability to connect to your bank accounts and other accounts you hold with third party institutions which service may be powered by our partners ("Third Party Accounts"). This enables us to access and retrieve data from those Third-Party Accounts.
By using the Service to connect to Third Party Accounts, you authorise us and Data Service Providers (on an ongoing basis unless and until you deactivate the connection) to access the relevant third-party source, on your behalf and as your agent, to retrieve information requested by you or otherwise available from the Third-Party Account. You agree that the bank or other institution providing the Third-Party Account(s) shall be entitled to rely on the foregoing authorisation and that the Service may not be endorsed or sponsored by any Third-Party Account providers.
We shall not be responsible for the accuracy of data received from the Third-Party Accounts or Third-Party Members and you must ensure that it is (and continues to be) accurate. If at any time you choose not to link to a Third-Party Account or Third-Party Members, you will stop receiving information from that Third Party Account or Third Party Member (for example up-to-date bank transaction details), which may affect elements of the Service (for example, financial budgeting). We shall not be held responsible for any inaccuracies caused by you no longer having access to data or by data not being up-to-date.
Indemnity
You agree to indemnify, hold harmless and defend Kamoa, providers and licensors of Kamoa, their successors, their affiliates, and each of their subsidiaries, officers, directors, employees, advertising and promotions agencies, representatives or agents (collectively, "Indemnified Parties"), at your sole expense, against any and all claims, actions, proceedings, investigations, and lawsuits and all liabilities, damages, judgments, settlements, penalties, fines, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your:
(i) violation or breach of any term of the Terms or any policy or guidelines referenced herein, including without limitation the Privacy Policy, or any applicable law;
(ii) use or misuse of Kamoa, materials or the Service; or
(iii) your infringement or the infringement by any other user through your Account of any Intellectual Property Rights or other moral, privacy, publicity or similar rights of any person or entity.
You agree that except where directly attributable to the grossly negligent acts or omissions of Kamoa, Kamoa shall not be liable for any damages, claims, costs, expenses or losses whatsoever suffered by users.
Limitation of Liability
In no event will Kamoa or its related entities be liable to you or any third party for any indirect, consequential, punitive, special, exemplary or similar damages or damages for loss of use, profits, data or other intangibles, arising out of or related to the use, inability to use or authorise use of the Services pursuant to the Terms whether such damages arise in statute or contract or any other cause without limitation.
Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. KAMOA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM THE USE OF THE SERVICE.
WE MAKE NO WARRANTY OR REPRESENTATION THAT THE PLATFORM IS SECURE, ERROR FREE, UNINTERUPTED, TIMELY. SIMILARLY, NO CONTENT, SUGGESTION OR ADVISE ACCESSED ON OUR PLATFORM SHALL CONSTITUTE A WARRANTY MADE BY KAMOA.
KAMAO SHALL NOT BE LIABLE FOR THE ACCURACY OR OTHERWISE OF ANY INFORMATION PROVIDED BY ITS PARTNERS OR THE USERS.
Trademarks
All trademarks, service marks, logos, trade names, and any other proprietary designations of Kamoa used herein are trademarks or registered trademarks of Kamoa or providers and licensors of Kamoa. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties. You shall not copy, display or use any of these marks without prior written permission of the bona fide originating mark owner.
Governing Law & Jurisdiction
These Terms of Use are written and available only in English and all correspondence with You and any User shall be in English. In the event that these Terms of Use are translated, the version in English shall take priority. These Terms of Use are governed by the laws of Nigeria and You agree to the exclusive jurisdiction of the courts in Lagos, Nigeria for all disputes arising out of or in connection with these Terms of Use.
Miscellaneous
Kamoa reserves all rights not expressly granted herein. Kamoa may modify the Terms at any time for any reason, in its sole discretion, by posting the revised Terms on the Service. You may not assign any rights granted to you hereunder. Nothing in the Terms shall constitute a partnership or joint venture between you and Kamoa. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of the Terms shall nonetheless remain in full force and effect.
The failure of Kamoa at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. To the extent that anything in or associated with Kamoa, materials or the Service is in conflict or inconsistent with the Terms, the Terms shall take precedence.
If any terms contained herein conflict with the terms contained in any offer or elsewhere within the Service, these terms and conditions shall take priority and precedence.
The Terms and all documents relating hereto have been drafted and will be interpreted in English. The rights and remedies granted to Kamoa under the Terms are cumulative and in addition to, not in lieu of, any other rights and remedies which Kamoa may possess at law or in equity.
The terms set forth in the Terms and any agreements included or referred to in the Terms constitute the final, complete and exclusive agreement with respect to Kamoa, materials or the Service and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. The owners of the Materials are intended third-party beneficiaries of the Terms and shall have the right to enforce it against you. Upon termination, cancellation, suspension or expiration of the Terms for any reason, you agree to cease all access and use of the Site, Software and Services.
If you have any questions or concerns about the Terms or any issues raised in the Terms or on this Site, please contact us via the Service mobile app.
Termination
You may stop your use of our Service at any time by removing the Kamoa mobile app from your mobile device. Doing so will not automatically delete your user information as described in our Privacy Policy. Please refer to the Privacy Policy to understand how we will continue to hold certain information.
Introduction
The Kamoa mobile app/Service:
Provides a dashboard of your money goals, progress and, where applicable, consumer loan balance
Gives you smart money insights
Allows you to establish a money goal
Offers the ability to act on these by acquiring and demonstrating knowledge about saving, budgeting and sound credit habits
Allows you to connect your bank account for a holistic view of your money personality and habits
Offers the ability to gain access to less expensive loans over time based on continued positive in-app behaviour
Allows you to connect to lending services and products from our partners
All in one app
Here are our Terms of Use. We’ve presented them in plain English below so that you can fully understand just how Kamoa, Kamoa services and the Kamoa mobile app (collectively referred to as “the Platform”) work as well as the rules to apply when using the Service. In addition to the below, please also read our Privacy Policy to learn in detail how we handle your data.
These Terms of Use in addition to the Privacy Policy and any other policy referred to in them (collectively referred to as "the Terms") apply to your use of the Service.
Please note that you must read through carefully and agree to these Terms of Use before using the Service. If you do not agree to the Terms of Use and the Privacy Policy, please understand that you may not access or use the Service.
By accessing or using the Service, you confirm that you form a binding contract with us, that you accept and consent to the Terms and that you agree to comply with them. You also agree to ensure that anyone who uses the Service on your device also strictly abides by and adheres to the Terms.
If you are in a jurisdiction where the Service is illegal, unauthorised or penalised, please note that you are strictly prohibited from using the Service. If you do not agree to the Terms or wish to comply with it, you must not access or use the Service.
We reserve the right to update or modify the Terms of Use at anytime by giving notice of such change on our Platform, website or by email. The change will become effective on the date specified in the updated terms. You may object to the change by ceasing to use the Service.
In this document all references to "we" and "us" refers to Kamoa App Nig Ltd; references to "you" refer to you, the data subject or user.
Enjoy exploring our mobile app and Service!
Who we are
We are Kamoa App Nig Ltd (hereafter referred to as "Kamoa" "we" and "us") operating a read only service platform that analyses your transaction information to help you save, budget and borrow more efficiently.
Overview of the Service
The Platform is a technology-as-a-service provider and is a tool for tracking and managing credit and identifying opportunities related to your finances (the "Services"). It consolidates and tracks your financial information, and analyses your transaction information to help you save, budget and borrow more efficiently.The Service may provide you with information relating to products or additional services provided by third party partners.
We do not and are not authorised to provide financial advice. If you require financial advice, please consult your financial advisor.
Your account
You may access the Service by registering an account ("Account"). By creating an Account either directly or through a third party such as Facebook or Google, you represent and confirm that any registration information you submit is true, accurate, current and complete and that if there is any subsequent changes thereof, you will update your registration information accordingly.
As part of the registration process, you will be asked to provide personally identifiable information such as your name, email address, age, postal mailing address, mobile telephone number, gender and other demographic or personal information (collectively, "Personal Data"), as well as asked to select a password and User Name.
If any Personal Data or registration information you have provided is determined by Kamoa, in its sole discretion, to be untrue, inaccurate, not current, incomplete, offensive, misleading or designed to deceive, or if Kamoa, in its sole discretion, believes it has a basis to suspect that such is the case, Kamoa reserves the right to immediately suspend or terminate your Account, either with or without notice to you, and to refuse to grant any and all current or future access and use of the Service (or any portion thereof) and or any benefit to which you may be entitled through your access and use of the Service.
We reserve the right to immediately terminate your Account, or suspend your access to your Account, without notice, for conduct that Kamoa believes, in its sole discretion, is illegal or inappropriate including but not limited to sharing of offensive or illegal content, using the Service in any manner that may be harmful to other users, third parties or to the Service, being investigated by a lawful authority or any other circumstance Kamoa considers appropriate to terminate or suspend your Account.
Please note that the use of your Account for any illegal, fraudulent or abusive purposes may be referred to your local law enforcement authorities without notice to you.
By registering an Account and accessing the Service, you are indicating that you have read and agree to the Terms of Use and to conditions thereof, and you further acknowledge and agree that you understand how and under what circumstances the personal information you provide will be used.
You also agree to receive marketing promotions and other solicitations from Kamoa and or other third parties based on the information you provided.
You are not obligated to opt-in to receive any third-party offers when you participate in the Service. However, if you choose to opt-in to receive any third-party offer(s), you understand and agree that such third parties may contact you using the registration information you provide to Kamoa.
Refer a Friend’ and ‘Earn with Kamoa’ are time-limited promotions.
Kamoa reserves the right to change the terms of the promotion at any time. This can include, but is not limited to changing the cash value of the token, changing the number of tokens awarded to users for making referrals and the conditions under which a user unlocks the ability to refer at both Standard and Gold levels.
The initial promotional period runs from 01 January 2024 - 31 March 2024.
What we ask you not to do
Notwithstanding anything to the contrary in this Agreement, you are strictly prohibited from:
(i) using Kamoa, materials or the Service for any commercial purpose or the benefit of any third party or any manner not permitted by the Terms;
(ii) using Kamoa, materials or the Service to, or in any way that would, violate any applicable laws, regulations or ordinances;
(iii) removing any proprietary notices from Kamoa, materials or the Service or any copies thereof;
(iv) causing, permitting or authorizing the modification, creation of derivative works;
(v) selling, assigning, renting, leasing, acting as a service bureau, or granting rights in Kamoa, materials or the Service, including, without limitation, through sublicense, to any other entity without the prior written consent of Kamoa;
(vi) translating, reverse engineering, decompiling or disassembling any software of Kamoa;
(vii) accessing, creating or modifying source code related to Kamoa, materials or the Service in any way;
(viii) collecting any information or communication about the users of the Kamoa, materials or the Service by monitoring, interdicting or intercepting any process of or communication initiated by Kamoa, materials or the Service or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing;
(ix) attempting to hack the Kamoa, materials or the Service or any communication initiated by the Kamoa, materials or the Service or to defeat or overcome any encryption and or other technical protection methods implemented by Kamoa or its licensors with respect to Kamoa materials or the Service and or data and or content transmitted, processed or stored by Kamoa or other users of Kamoa, materials or the Service;
(x) taking any steps to interfere with or in any manner compromise any of Kamoa's security measures; or
(xi) using Kamoa, materials or the Service to develop, generate, transmit or store information that:
(a)infringes any third party's intellectual property or other proprietary right;
(b)is defamatory or harmful; or
(c)in any way obstructs or otherwise interferes with the normal performance of another person's use of the Kamoa software or Service, using any unlicensed or unauthorized copies of the Materials and Software.
You acknowledge that Kamoa may be required to disclose information to third parties under applicable law, and you expressly authorize Kamoa to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you. Except where Kamoa specifically requests or solicits comments or submissions, Kamoa does not accept, solicit nor consider any creative ideas, suggestions, comments or materials (collectively, "Comments") from the public.
If a Comment is received from you by Kamoa, you understand, acknowledge and agree that:
(i) it may be utilized by Kamoa free of any right, claim, title or ownership interest in the Comment(s),
(ii) you waive your right to assert any ownership right, claim, title and interest of any kind in the Comment(s) (including, but not limited to unfair competition, Intellectual Property, moral and or similar rights or implied contract),
(iii) you hereby grant Kamoa a non-exclusive, perpetual, irrevocable, worldwide license to use the Comment(s) in every media and for every purpose now known or hereinafter discovered,(iv) you waive the right to receive any financial or other consideration or remuneration in connection with such Comment(s), including, but not limited to, attribution or other credit,
(v) You completely release Kamoa (and its subsidiaries, providers, licensors, and affiliates and each of their officers, directors, agents, joint-ventures and employees) in all respects from any claims, demands, actions, losses and other perceived, actual, incidental, indirect, exemplary, special or consequential damages of every kind and nature (collectively, "Claims"), known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of, relating to or in any way connected with your solicited and unsolicited submissions, including, without limitation, all Claims for theft of ideas or Intellectual Property Rights infringement by Kamoa.
Information not advice
Contributions, articles, commentary, charts, data visualisations and other materials posted within the Service are provided for general information only. Content within the Service is not and should not be construed as or considered to be financial or other professional advice. You should not rely on the content within our Service as the basis for making financial decisions. For financial advice and or if in doubt, you should seek professional advice from your financial advisors. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials or content by any user of our Service or by anyone who may be informed of any of its contents.
If a third party is using either the Service or content made available by the Service to provide advice, then that advice is a separate service and is not part of the Service. We bear no responsibility for and are not liable for any advice or service provided by this third party.
Posting on the Platform
As part of the Service, we allow users to post content (for example on user forums and or blogs). If you wish to post user-generated content, you agree to follow these rules:
We have zero tolerance towards any objectionable or unlawful content and abusive users. We reserve the right, at any time and without prior notice, to take down, remove or disable access to content at our discretion for any reason including without limitation, if the content violates the Terms or if we find the content is objectionable, unlawful or otherwise harmful to the Services or our users, and block access to and or terminate the Accounts of any user who posted objectionable or unlawful content.
If you wish to complain about objectionable or unlawful content posted by other users, please report directly on the Platform. Upon receipt of your complaint, we'll respond promptly and remove such objectionable or unlawful content and eject the user who posted such objectionable or unlawful content. We also have the right to remove any content you post on the Platform if, in our opinion, your content is objectionable or unlawful content or does not comply with the Terms.
You are responsible for all content you submit to us;
In submitting content to us, you confirm that you have all necessary rights and hereby grant us perpetual, worldwide, exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with us and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channel(s);
You may not copy or use personal identifying or business contact information about other users without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited;
You accept that we may edit your comments for clarity or remove any comment.
Third parties
Within the Service, you will find links that may let you leave Kamoa Service. These links are provided as a courtesy only, and the sites they link to are not under the control of Kamoa in any manner whatsoever. Therefore, Kamoa is in no manner responsible for the content of any such linked site(s) or any link contained within a linked site, including any changes or updates to such site(s). You acknowledge that Kamoa is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, partnership, endorsement nor sponsorship by Kamoa of the site(s) and or any of the content therein.
You understand that all third party content, including, without limitation all advertisers, marketers and other third party offers, data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials made available or accessible through Kamoa, materials and the Service (collectively, "Third-party Content"), whether publicly available or privately transmitted, is the sole and exclusive property of such third parties, each of whom assumes complete responsibility for the Third-party Content they have created.
Kamoa has and accepts no responsibility for and does not endorse nor control such Third-party Content. This means that you, and not Kamoa, are entirely responsible for all Third-party Content that you upload, download, post, email, transmit or otherwise make available via Kamoa or the Service.
Kamoa does not guarantee the accuracy, integrity nor quality of such Third-party Content. You understand and agree that by accessing and using Kamoa, materials and the Service, you may be exposed to Third-party Content that may be offensive, indecent, infringing, hazardous, illegal or objectionable in your community. You agree to assume and accept all risks associated with the use of any Third-party Content, including any reliance on the accuracy or completeness of such Third-party Content. You agree that you must evaluate, and bear all risks associated with, the use of any Third-party Content, including any reliance on the accuracy, completeness, or usefulness of such Third-party Content.
You acknowledge that you may not rely on any Third-party Content submitted to Kamoa including, through the Service. Under no circumstances will Kamoa or its licensors be liable in any way for any Third-party Content, including, but not limited to, any errors or omissions in any Third-party Content or any loss or damage of any kind incurred as a result of the access and use of any Third-party Content posted or transmitted via the Service. By accessing and using the Service, you understand, acknowledge and agree that you may be subject to various risks, including, without limitation, the exposure of data you have downloaded or have offered to share, and that you assume and accept all such risks as solely your risks and responsibility.
In addition, all Third-party Content made available or accessed through the use of the Service is the property of the applicable Third-party Content owner and may be protected by applicable laws, including without limitation, those relating to Intellectual Property Rights.
Connected accounts
In some areas of the Service, you have the ability to connect to your bank accounts and other accounts you hold with third party institutions which service may be powered by our partners ("Third Party Accounts"). This enables us to access and retrieve data from those Third-Party Accounts.
By using the Service to connect to Third Party Accounts, you authorise us and Data Service Providers (on an ongoing basis unless and until you deactivate the connection) to access the relevant third-party source, on your behalf and as your agent, to retrieve information requested by you or otherwise available from the Third-Party Account. You agree that the bank or other institution providing the Third-Party Account(s) shall be entitled to rely on the foregoing authorisation and that the Service may not be endorsed or sponsored by any Third-Party Account providers.
We shall not be responsible for the accuracy of data received from the Third-Party Accounts or Third-Party Members and you must ensure that it is (and continues to be) accurate. If at any time you choose not to link to a Third-Party Account or Third-Party Members, you will stop receiving information from that Third Party Account or Third Party Member (for example up-to-date bank transaction details), which may affect elements of the Service (for example, financial budgeting). We shall not be held responsible for any inaccuracies caused by you no longer having access to data or by data not being up-to-date.
Indemnity
You agree to indemnify, hold harmless and defend Kamoa, providers and licensors of Kamoa, their successors, their affiliates, and each of their subsidiaries, officers, directors, employees, advertising and promotions agencies, representatives or agents (collectively, "Indemnified Parties"), at your sole expense, against any and all claims, actions, proceedings, investigations, and lawsuits and all liabilities, damages, judgments, settlements, penalties, fines, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your:
(i) violation or breach of any term of the Terms or any policy or guidelines referenced herein, including without limitation the Privacy Policy, or any applicable law;
(ii) use or misuse of Kamoa, materials or the Service; or
(iii) your infringement or the infringement by any other user through your Account of any Intellectual Property Rights or other moral, privacy, publicity or similar rights of any person or entity.
You agree that except where directly attributable to the grossly negligent acts or omissions of Kamoa, Kamoa shall not be liable for any damages, claims, costs, expenses or losses whatsoever suffered by users.
Limitation of Liability
In no event will Kamoa or its related entities be liable to you or any third party for any indirect, consequential, punitive, special, exemplary or similar damages or damages for loss of use, profits, data or other intangibles, arising out of or related to the use, inability to use or authorise use of the Services pursuant to the Terms whether such damages arise in statute or contract or any other cause without limitation.
Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. KAMOA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING FROM THE USE OF THE SERVICE.
WE MAKE NO WARRANTY OR REPRESENTATION THAT THE PLATFORM IS SECURE, ERROR FREE, UNINTERUPTED, TIMELY. SIMILARLY, NO CONTENT, SUGGESTION OR ADVISE ACCESSED ON OUR PLATFORM SHALL CONSTITUTE A WARRANTY MADE BY KAMOA.
KAMAO SHALL NOT BE LIABLE FOR THE ACCURACY OR OTHERWISE OF ANY INFORMATION PROVIDED BY ITS PARTNERS OR THE USERS.
Trademarks
All trademarks, service marks, logos, trade names, and any other proprietary designations of Kamoa used herein are trademarks or registered trademarks of Kamoa or providers and licensors of Kamoa. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties. You shall not copy, display or use any of these marks without prior written permission of the bona fide originating mark owner.
Governing Law & Jurisdiction
These Terms of Use are written and available only in English and all correspondence with You and any User shall be in English. In the event that these Terms of Use are translated, the version in English shall take priority. These Terms of Use are governed by the laws of Nigeria and You agree to the exclusive jurisdiction of the courts in Lagos, Nigeria for all disputes arising out of or in connection with these Terms of Use.
Miscellaneous
Kamoa reserves all rights not expressly granted herein. Kamoa may modify the Terms at any time for any reason, in its sole discretion, by posting the revised Terms on the Service. You may not assign any rights granted to you hereunder. Nothing in the Terms shall constitute a partnership or joint venture between you and Kamoa. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of the Terms shall nonetheless remain in full force and effect.
The failure of Kamoa at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. To the extent that anything in or associated with Kamoa, materials or the Service is in conflict or inconsistent with the Terms, the Terms shall take precedence.
If any terms contained herein conflict with the terms contained in any offer or elsewhere within the Service, these terms and conditions shall take priority and precedence.
The Terms and all documents relating hereto have been drafted and will be interpreted in English. The rights and remedies granted to Kamoa under the Terms are cumulative and in addition to, not in lieu of, any other rights and remedies which Kamoa may possess at law or in equity.
The terms set forth in the Terms and any agreements included or referred to in the Terms constitute the final, complete and exclusive agreement with respect to Kamoa, materials or the Service and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. The owners of the Materials are intended third-party beneficiaries of the Terms and shall have the right to enforce it against you. Upon termination, cancellation, suspension or expiration of the Terms for any reason, you agree to cease all access and use of the Site, Software and Services.
If you have any questions or concerns about the Terms or any issues raised in the Terms or on this Site, please contact us via the Service mobile app.
Termination
You may stop your use of our Service at any time by removing the Kamoa mobile app from your mobile device. Doing so will not automatically delete your user information as described in our Privacy Policy. Please refer to the Privacy Policy to understand how we will continue to hold certain information.