Terms of Service
Terms of Use and Conditions of Purchase
Effective Date: June 25, 2024
PLEASE READ THESE TERMS CAREFULLY BEFORE USING KINSHIP SERVICES.
These Terms of Use and Conditions of Purchase (the “Terms” constitute a legally binding agreement between you (“you” or “User”) and Kinship Partners, Inc. (“Kinship,” “we,” “us”), and set forth our obligations and responsibilities when you: visit or use the website located at http://kinship.co.uk/appopens in a new tab (“Website”) or Kinship mobile application (“Application”), together (the “Platforms”); or purchase or use any products or services offered by Kinship, including, but not limited to, any services available on the Website or Application (collectively, “Services”). YOU MUST READ AND AGREE TO THESE TERMS BEFORE MAKING ANY PURCHASE FROM, OR USING ANY SERVICES OFFERED BY, KINSHIP, INCLUDING THE WEBSITE, APPLICATION, AND THE SERVICE. We reserve the right to change or modify these Terms by providing notice to you by mail, email, through the Application, Website, or otherwise. Your continued use of the Services after any such changes constitutes your continued agreement to these Terms. If you do not agree to these Terms, you must not use the Platforms. We recommend that you print a copy of these Terms for future reference.
Our relationship will be governed by these Terms as well as any additional terms, policies, rules, and guidelines which we may share with you through the Services. In addition, our Privacy Policy also applies between us and can be found here: https://www.mars.com/privacy.opens in a new tab We collect, store and use data collected from you in accordance with our Privacy Policy. The Privacy Policy and the Terms are intended to be complementary, but in the event there is a conflict between the Privacy Policy and these Terms, these Terms shall govern. We will only use your personal information as set out in our Privacy Policy.
TABLE OF CONTENTS
1. Use of Website, Application, and Services
2. Provider Services
3. Kinship Does Not Provide any Veterinary Medical Advice or Recommendations
4. User Restrictions
5. Licenses
6. User Account
7. Fees and Payment for Use of Kinship Services
8. Subscriptions, Cancellation and Consumer Rights
9. The Services
10. User Submissions
11. Third Party Products or Services
12. Third-Party Websites
13. Warranties and liability
14. General
15. Additional Terms
16. Governing Law and Jurisdiction
17. End User License Agreement
1. License Grant.
2. Restrictions
3. Ownership.
4. Export Controls.
5. Termination.
6. Miscellaneous.
1. Use of Website, Application, and Services
You may only use the Website, Application, Platforms, and Services within the United Kingdom (as specified by us) and for your own personal, non-commercial use. To use certain Service features, you must sign up for an account with Kinship by downloading the Application from the Apple App Store or Google Play and, if applicable, in relation to a Kinship Premium account, pay any fees associated with such an account. The Services may not function properly if you do not keep your account current and up-to-date and pay any fees due.
The Platforms are directed to people residing in the United Kingdom. We do not represent that content available on or through the Platforms is appropriate for use or available in other locations. By continuing to access, view or make use of the Platforms, you hereby warrant and represent to us that you are located in the United Kingdom.
You are also responsible for ensuring that all persons who access the Platforms through your internet connection are aware of these Terms and other applicable terms and conditions referred to in these Terms, and that they comply with them.
Subject to these Terms, Kinship provides Services that have been selected by you, solely for your own personal, non-commercial use, and not for the use or benefit of any third party. The Services include, without limitation, use of the Website or Application, any service Kinship performs for you, and the Content (defined below) offered on the Website and/or the Application. We may change, suspend, or discontinue the Platforms, or any Services at any time, including the availability of any feature, database, or Content for business and operational reasons. We will try to give you reasonable notice of any major changes, suspension or withdrawal. We may also impose limits on certain features and services or restrict your access to parts or all of the Platforms, or the Services without notice or liability to you.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms.
Kinship providers certain Services and Content for free to any person that satisfies the User Restrictions set out in section 4 below and that creates a free Kinship user account via the Website or the Application.
Kinship also offers a paid subscription service to customers, known as Kinship Premium. Any user with a free Kinship user account can choose to convert their account to the Paid Subscription service at any time via the Website or the Application. New customers can sign up to be a Kinship Premium subscriber via the Website or the Application. Specific terms and conditions applying to the Kinship Premium subscription can be found in section 8 below.
2. Provider Services
Kinship’s Services might include providing you the opportunity to access goods or schedule appointments for services offered by third-party providers (“Providers”) and payment technology to help you pay for products and services offered by those Providers (“Provider Services”). Although you may initially access these Provider Services via Kinship, as they are external to us, Kinship cannot make any representations or warranties with respect to these Providers or the quality of the Provider Services; and we are not responsible for ensuring that information (including credentials and availability) a Provider provides (“Provider Content”) is accurate or updated. If you buy any products or services from these Providers or you rely on any content, text, data, graphics, images, photographs, video, audio, information, suggestions, articles, scheduling availability, guidance, and other materials provided, made available, or otherwise found through the Provider Services, you do so solely at your own risk and your relationship will be between you and you should raise any issues that may arise directly with the relevant Provider.
3. Kinship Does Not Provide any Veterinary Medical Advice or Recommendations
The Platforms and/or Services may allow you to connect remotely with veterinarians (also known as “veterinary surgeons,” behavioral or nutritional specialists, and veterinary technicians (“Veterinary Professionals,” which shall constitute “Providers” for purposes of these Terms), and/or to interact with a chatbot, to get answers to general pet care questions and information that may help you decide whether it is prudent to seek immediate in-person veterinary attention. Your use of these features, and the information you receive from the Veterinary Professionals and/or chatbot, does not create a veterinary-client patient relationship, is not a substitute for an in-person visit with a veterinarian, and is not intended to provide a specific diagnosis or treatment plan for your pet. Any information or records that you provide to a Veterinary Professional or upload to the Website, Application, and/or Services will not be treated as confidential. By using the Platforms, you expressly acknowledge and consent that the content of any electronic (including audio, chat, and video) and phone communications with the Veterinary Professionals will not be treated as confidential or privileged.
Kinship does not practice veterinary medicine, veterinary technician services, or any other licensed profession, nor does Kinship interfere with the practice of veterinary medicine, veterinary technician services, or any other licensed profession by the Veterinary Professionals or any Provider, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Kinship nor any of its affiliates shall be liable to you or any third party for any damages or losses related to any veterinary medical information procured through the Website or the Application.
WHILST OUR PLATFORMS AND/OR SERVICES MAY PROVIDE ACCESS TO INFORMATION ABOUT CARING FOR YOUR PET, PLEASE BE ADVISED THAT NONE OF THIS INFORMATION SHOULD BE CONSIDERED VETERINARY MEDICAL ADVICE OR A SUBSTITUTE FOR VETERINARY MEDICAL ADVICE. RELIANCE ON ANY INFORMATION PROVIDED BY OR FOUND ON THE PLATFORMS OR SERVICES IS PURELY AT YOUR OWN RISK. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OR LOSSES RELATED TO ANY INFORMATION PROCURED THROUGH THE PLATFORMS OR SERVICES.
FURTHER, YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN VETERINARY PROFESSIONALS. ALTHOUGH ALL OUR VETERINARY PROFESSIONALS ARE REGISTERED WITH THE RCVS (ROYAL COLLEGE OF VETERINARY SURGEONS) WE MAKE NO CLAIMS OR GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY OF ANY VETERINARY PROFESSIONAL, THEIR AVAILABILITY, SERVICES, OR CONTENT . WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY CONTENT PROVIDED BY A VETERINARY PROFESSIONAL.
4.User Restrictions
By using the Platforms and/or the Services, you represent that you are an individual (i.e., not a corporation or other legal entity) and you are at least 18 and understand your obligations under these Terms, are able to perform them and agree to be bound by the Terms. Where you are between age 13 and the age of majority in our place of residence, you may use the Platforms and/or Services only under the supervision of your parent of legal guardian. If you are the parent or legal guardian and consent to your minor child’s access to and use of the Platforms and/or Services, you agree to be bound by these terms on behalf of yourself and your minor child. You also confirm that (i) all information you submit to Kinship, including registration information, is accurate and truthful; and (ii) you will maintain the accuracy of such information.
You shall not: (a) distribute, market, resell, transfer, or allow any other individual (other than those in the same household) to use the Services; (b) use the Services in connection with any products or services not supplied or provided by Kinship or otherwise approved by Kinship in writing; (c) remove any proprietary notices, labels, or marks on or in the Application, Services, or Website; (d) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Application, Services, or Website; or (e) use the Application, Services, or Website in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance, by-law, or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable in our sole discretion; (iv) involves commercial activities or sales without Kinship’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including, without limitation, any employee or representative of Kinship; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website or the Application is strictly prohibited. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). You are responsible for your activity in connection with the Platforms and the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Platforms or the Services.
You must not attempt to gain unauthorised access to the Platforms, the server on which our Website and/or Application is stored or any server, computer or database connected to our Website or Application. You must not attack our Website or Application via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website, Application and Services will cease immediately.
5. Licenses
By using the Services, you acknowledge the existence and validity of, and agree to be bound by these Terms, including the end user licence agreement (“EULA”) set out below for the software embedded in the Services (“Software”). You shall not copy, decompile, disassemble, reverse engineer, or manipulate any technology in, or otherwise modify or tamper with, any Services or equipment used to receive the Services. Nothing under these Terms or the fact that you have access to and use of the Services gives you any right, title, or interest or license in or to any technology, software, or content, or any intellectual property rights in any of the foregoing, available with the Services. You shall not have any right, title or interest or license to reproduce or otherwise use our or any third party’s trademarks, service marks, graphics, or logos. You may not, and you agree that you shall not, copy or otherwise tamper with any software or content available with the Services or Software.
Further, all materials displayed or performed on the Platforms, and/or Services, including, without limitation, text, graphics, articles, photographs, images, and illustrations (the "Content") are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Platforms, and/or the Services, and you shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any right of Kinship or any third party. The Website, Application, and Services are protected by copyright as collective works and/or compilations, pursuant international copyright and intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), create derivative works based on, distribute, perform, display, or in any way exploit any of the Content, Software, Website, Application, or Services in whole or in part. Copying or storing of any Content is expressly prohibited without prior written permission from Kinship or from any third-party copyright holder identified in such Content’s copyright notice. Kinship reserves the right to require prior written consent before linking to the Website.
6. User Account
To use the Platforms, or certain Services, you may be required to register with Kinship and select a password and username ("User ID"). You shall provide Kinship with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password. If you access the Platforms, or the Services through a third-party site or service, you will provide your third-party account credentials to Kinship, and you are consenting to have the information in those accounts transmitted into your account.
If you wish to delete your free Kinship user account, you can do so at any time by following the steps below:
Visit the ‘Parent Profile’ tab in the application (far right icon).
Tap ‘Account Settings’ in the menu.
Select ‘Delete account’, confirm by tapping ‘Delete account’ again, and then tap ‘Continue’.
Your account will be deleted. This action cannot be undone.
Once you have deleted your free Kinship user account, you will no longer have access to any Services that require a User ID. For Kinship Premium subscribers, information on how to cancel your subscription can be found in section 8 below.
7. Fees and Payment for Use of Kinship Services
Fees: You shall pay all applicable fees imposed by Kinship Premium in connection with such Services selected by you (the “Premium Subscription”). Kinship reserves the right to change its price list and to institute new charges at any time a Renewal Period (as defined below) occurs, upon notice to you, which will be sent by email (where required by law) and posted on the Website or Application. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. You will have the right to cancel the Premium Subscription as set out in section 8 below if you do not accept the increased charges.
Billing Details: Your subscription, billing details and costs can be viewed on the Website and through the Application. Please visit http://kinship.co.uk/appopens in a new tab, the Application or contact us at support@thekin.comopens in a new tab if you would like to receive more detailed account history or billing information. Please notify us or change your information via your online account as soon as possible in the event of any change in your name, billing address, service address, email address, telephone number, credit or debit card, or other account information.
Payments: All payments must be made in Great British Pounds (GBP) and will state VAT where applicable. You may be required to pay in advance by credit card or debit card. All amounts due must be paid by the due date to avoid possible deactivation of the Services.
Authorisation: By providing a credit card or other payment method accepted by Kinship Premium (“Payment Method”), you expressly agree that we are authorised to keep such Payment Method on file and charge you the fees, charges, or other amounts described above. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in to your account and viewing your account details. When you provide a Payment Method to access your Plan, including in connection with any free or discounted trial offer, our system will attempt to verify the information you entered. We do this by processing an authorisation hold, which is standard practice. We do not charge you in connection with this authorisation hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorise us to continue billing, and you will remain responsible for any uncollected amounts.
8. Subscriptions, Cancellation and Consumer Rights
Kinship provides the option of subscription-based Services via the Application. This includes the paid-for Kinship Premium subscription. Each Kinship Premium Subscription renews on a monthly basis and if you choose to purchase the Premium Subscription, you will be required to pay the applicable fees each month. Unless otherwise specified, the terms set out in this section 8 apply only to Kinship Premium subscribers.
Automatic Renewal: When you enroll in a Kinship Premium subscription, your Kinship Premium subscription will automatically continue, and you will be charged on an automatically recurring basis until you cancel your Kinship Premium subscription. Your Kinship Premium subscription will automatically renew on your “Renewal Date,” which is the first day following the end of your subscription term. The fees for each Kinship Premium subscription will be billed to the payment method you used to create your account, enroll in the subscription program, or as otherwise directed by you.
You will receive a reminder notice of the automatic renewal of your Kinship Premium Subscription from Kinship 7 calendar days prior to your first Renewal Date and subsequently once every 6 months that the Kinship Premium Subscription continues from such date. Should you wish to cancel your Kinship Premium Subscription following receipt of a reminder notice, you must cancel by following the steps set out below.
Cancellation: You may cancel your subscription by the following methods:
Visit the ‘Parent Profile’ tab in the Application (far right icon).
If you paid on web: Tap ‘Cancel subscription’ in the menu, and tap the ‘Cancel subscription’ button at the bottom of the page again. Confirm by hitting ‘Yes’.
If you purchased the Application via the Apple App Store or Google Play Store: Tap ‘Manage Subscription’ in the menu, tap ‘Manage Subscription’ again at the bottom of the page which will take to your phone settings screen to manage your subscription. Tap ‘cancel’ and then ‘confirm’ to cancel.
or cancel by using the cancellation form set out in relation to statutory rights below. Other than as set out in relation to cooling off periods below, you must cancel at least 1 calendar day before your Renewal Date to avoid being charged for your next subscription period. If you choose to cancel your Kinship Premium Subscription part way through your current subscription period, you will not be refunded any amount from the current period.
Trial Programs: Kinship may, in its sole discretion, offer free or discounted trial programs that convert into paid automatically renewing subscriptions. By signing up for a trial, you agree to all applicable terms, including the automatic renewal and recurring billing feature. Please read the terms of any trial offers carefully. Should you continue beyond the trial period, you will then have the right to cancel as mentioned above. At the end of any such Trial Program, you will have 14 days to change your mind about auto-renewal, as per the Cancellation policy set out above. If you choose to cancel within this time you will be refunded an amount equal to the initial paid period of auto renewal of your Kinship Premium Subscription.
Statutory Rights and Cooling Off Period: Under the Consumer Contracts Regulations 2013, if you are a consumer based in the United Kingdom you are entitled to change your mind and cancel your Subscription within 14 days of Kinship’s acceptance of your order. This is a legal right to change your mind within 14 days and receive a refund. If you wish to cancel during this 14 day period, please follow the Cancellation steps set out above or complete the cancellation form set out below and send it to our customer service team via support@thekin.comopens in a new tab. Please note that once you have cancelled your Kinship Premium Subscription during the cooling off period, your access to the Platforms and Services will immediately cease and you forfeit any subscription benefits that you have received, including the remainder of any Trial Program.
To: Kinship [440 Park Avenue South, Fl. 5, New York, NY 10016, AND Legal@kinship.coopens in a new tab:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following for the supply of the following service [*], subscription to Kinship.
Ordered on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
9. The Services
Our Rights to Limit or End Your Kinship Premium Subscription or where applicable, cancel your free Kinship account:: You are only permitted to use the Services for personal, noncommercial uses. You agree not to resell or redistribute the Services to someone else without our prior written permission, which we can withhold in our sole discretion. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SUBSCRIPTION, ACCOUNT ACCESS OR ANY CONTRACT WITH YOU, including, but not limited to: (i) if you: (a) breach these Terms, any law, rule or regulation, or rights of us or any third party; (b) make a late payment or, in the case of pre‐paid subscriptions, if your credit or debit card is declined; (c) incur charges larger than a required deposit or billing limit (even if we haven't yet billed the charges); (d) provide credit information we cannot verify; (e) become insolvent or go bankrupt; (f) lie to us; (g) allow anyone to use your account or User ID; or (ii) if you, any user of your account or any authorised contact on your account: (a) threaten or commit violence against our representatives; (b) use vulgar or inappropriate language toward our representatives or Providers; (c) harass our representatives or Providers; (d) interfere with our operations; (e) "spam," or engage in other abusive activities; (f) modify the Services; (g) use the Services to violate or infringe upon any rights of any kind of us or any third party, including, but not limited to, copyright, trademark, contract, defamation, right of privacy or publicity, or any other right of any person or entity; or (h) use the Services in a way that adversely affects us, our network, or other customers, any Providers, partners, representatives, agents, or affiliates. We can also temporarily limit your Services for any operational or governmental reason.
SMS Charges: The Services may allow you to send and receive text messages (SMS) on your mobile device. You authorise Kinship to send account-related and other SMS to your account. Message and data rates may apply, and you will be responsible for paying such charges. To stop receiving text messages from or in connection with the Services, update your notification settings in your mobile Application, or follow the directions provided in the message.
Marketing Consents - Authorisation to Contact You by Phone: If you have expressly opted-in to receiving marketing messages by telephone, you have authorised us (and our affiliates, agents, Providers and independent contractors to the extent specified in the consent request) to contact you at any telephone number you provide to us using any such means of communication as you consented to. You can update your marketing consents and preferences at any time through updating your notifications settings in the Application.
10. User Submissions
By posting information or content on the Platforms or otherwise providing content, materials, or information to Kinship or in connection with the Platforms, or the Services (“User Submissions”), you hereby grant Kinship a non-exclusive, worldwide, royalty-free, perpetual, sublicensable, and transferable right to use such User Submissions in connection with the Services, the Platforms and Kinship’s (and its successors’ and assigns’) business, including by reformatting, modifying, creating derivative works of, excerpting, and translating any User Submissions. You understand that all information publicly posted or privately transmitted through the Platforms, or the Services is the sole responsibility of the person from which such content originated. Under no circumstances will Kinship be liable in any way for any User Submissions, including, without limitation, any errors or omissions, or any loss or damage of any kind incurred in connection with use of or exposure to any User Submissions posted, emailed, accessed, transmitted, or otherwise made available via the Platforms, or the Services. User Submissions have not been verified by Kinship and the views expressed by other Users on our Platforms do not represent Kinship’s views and values.
If you become aware of any offensive or illegal material, or you wish to complain about any content, please contact us at: support@thekin.comopens in a new tab.
11. Third Party Products or Services
The Services might rely on certain third-party services, including Google Maps for certain pet location services. Your use of the Services shall bind you to the Google Maps/Google Earth Additional Terms of Service available at https://maps.google.com/help/terms_maps.htmlopens in a new tab, which includes, without limitation, the Google Privacy Policy, which is available at https://policies.google.com/privacy?hl=en&gl=usopens in a new tab.
If you choose to use the Services in connection with a product or service provided by a third party, Kinship is not responsible for and does not endorse any third-party product or service. ANY USE OF THIRD-PARTY PRODUCTS OR SERVICES IN CONNECTION WITH THE WEBSITE, THE APPLICATION, AND/OR THE SERVICES IS SOLELY AT YOUR OWN RISK AND MAY VOID ANY WARRANTIES PROVIDED BY Kinship. Without limiting the foregoing, you acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement that may affect or be affected by such use.
12. Third-Party Websites
The Platforms, or the Services may contain links to third party websites or services ("Third-Party Websites") that are not owned or controlled by Kinship and provided for information only. The Website or the Services may also be accessible by logging in through a Third-Party Website. Kinship has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or the opinions expressed in, any Third-Party Websites. In addition, Kinship will not and cannot monitor, verify, or edit the content of any Third-Party Website.
13. Warranties and liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
THE CONTENT ON OUR PLATFORMS IS PROVIDED FOR GENERAL INFORMATION ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT ON OUR PLATFORMS. ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION ON OUR PLATFORMS WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT THE CONTENT ON OUR PLATFORMS IS ACCURATE, COMPLETE OR UP TO DATE.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED, DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
You agree not to use our Platforms for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not guarantee that our Platforms will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Platforms. You should use your own virus protection software.
14. General
The failure of Kinship to exercise, in any respect, any right it has under these Terms shall not be considered a waiver of any further rights that Kinship has under these Terms. It is possible that reasons beyond our control prevent us from perform our obligations under these Terms, where this is the case Kinship shall not be liable for any failure to perform its obligations. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. Kinship may transfer, assign, or delegate these Terms and its rights and obligations without your consent.
15. Additional Terms
In addition to these Terms, your use of the Services is subject to the Mars Terms of Use, available at https://www.mars.com/global/policies/legal/ld-englishopens in a new tab, and Mars Privacy Statement, available at https://www.mars.com/global/policies/privacy/pp-englishopens in a new tab. If any additional term is irrevocably inconsistent with any provision of these Terms, these Terms will prevail.
Additional or separate terms may also apply to the Services you use and purchase. Any additional terms will be specified with the relevant Service, and those additional terms become a part of your agreement with us if you use those services.
16. Governing Law and Jurisdiction
These Terms their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a consumer and resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer and resident of Scotland, you may also bring proceedings in Scotland.
17. End User License Agreement
This End User License Agreement (“EULA”) governs the software available ("Software") when you download the Application.
1. License Grant.
Subject to the terms and conditions in this EULA, Kinship hereby grants to you a non-exclusive, non-transferable, revocable, limited license to use the Software. The terms of this EULA will govern any upgrades provided by Kinship that replace or supplement the original Software unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The license rights granted under this EULA are limited to the first 30 days after you first use the Software unless you supply information necessary to activate a Kinship subscription. You may activate a subscription to Kinship by downloading the Application located at the Apple App Store and Google Play.
2. Restrictions
You agree not to copy, create derivative works, reproduce, modify, or distribute the Software, or otherwise exceed the scope of the foregoing license. Subject to applicable law, you agree not to decompile, reverse engineer, disassemble, or otherwise attempt to learn the source code, structure, or algorithms underlying the Software. You agree not to (i) remove any copyright or other proprietary notice from the Software, (ii) sublicense or transfer the Software to a third party; (iii) extract or replace any part of the Software; or (iv) sell, rent, lease, lend, provide commercial hosting services, or otherwise transfer the Software for value. This EULA does not allow you to use the Software on any hardware that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
Additional Terms and Conditions for Apple Users.
NOTE – The terms and conditions of this paragraph apply to you only if you downloaded the Application through Apple Inc.’s App Store. You acknowledge that this EULA is between you and Kinship, and that Apple Inc. (“Apple”) bears no responsibility for the Application and its content. The license grant under this EULA is a non-transferable license to use the Application on any Apple-branded products that you own or control as permitted by this EULA and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the Application to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by you or a third party relating to the Application or your use of the Application, including without limitation: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the Application or your possession and use thereof infringes a third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or discharge thereof. Apple and its subsidiaries are third-party beneficiaries of this EULA, and upon Your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary thereof.
3. Ownership.
Any rights not expressly granted to you are reserved by Kinship and its affiliates. Neither this EULA nor any act by Kinship pursuant to or in connection with this EULA (including, without limitation, the delivery or conveyance of any hardware or software product) shall be construed to provide expressly, by implication, by way of estoppel, or otherwise, any license or any rights under any patents, copyrights, or any other intellectual property rights of Kinship or its affiliates, except as expressly provided herein.
4. Export Controls.
You represent and warrant that you are not: (a) located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country or by the Canadian government as a “terrorist entity”; or (b) listed on any U.S. Government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable Sanctions and Export Control Laws, (ii) you are solely responsible for ensuring that the Application is used, disclosed, and/or transported only in accordance with all applicable Sanctions and Export Control Laws, and (iii) you will not re-export or transfer the Application, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.
5. Termination.
This EULA shall terminate immediately, without notice, if you fail to comply with any material term of this EULA. In addition, Kinship may terminate this EULA at any time upon notice to you and by posting notice on our website located at http://kinship.co.uk/appopens in a new tab.
6. Miscellaneous.
Your use of software components together with the Software is subject to the terms of your separate license from Kinship. Compliance with all copyright laws and software licenses included in this EULA are the responsibility of the user. The laws of England and Wales, govern this EULA. The United Nations Convention on Contracts for the Sale of International Goods does not apply to this EULA.
Kinship reserves the right to change the terms and conditions of this EULA by posting a revised EULA in the Application or mailing or emailing notice thereof to you. In addition, Kinship may add, modify, or delete any aspect, program, or feature of the Application, although Kinship is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Application following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this EULA (and acceptance of the version of this EULA then in effect). Accordingly, please review the EULA found in the Application on a periodic basis.