- “Content” means any files, data, material, and information submitted, uploaded, and stored by you through the Website.
- “Website” means the website accessible through the domain name kwakwa.com and its subdomains.
- “User Data” means data relating to your use of the Website, including, but not limited to, information related to:
- your contact information, including email addresses;
- information obtained by or provided through the Website;
- settings, preferences chosen, and resource usage; and
- any text submitted by you.
- “We“, “Us“, “KwaKwa” or “Our“means Flying Pigs Ltd. and its affiliates.
- “You” or “Customer” means the company or other legal entity and its affiliates for which you are accepting these Terms.
- The Website
- Access and Use. Subject to your compliance with these Terms, KwaKwa hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website.
- Children under 18. The Website is not directed at children. If you are under the age of 18, please do not use the Website or attempt to download the KwaKwa’s application and/or any related services.
- Your Content
- License to Content. We do not claim ownership over Content that you share with Us or upload to the Website. You represent and warrant that by sharing your Content with Us, or by uploading your Content to the Website, you do not violate any third party’s rights or applicable law. You grant Us a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license to use your Content for the following purposes: (i) providing and managing our Website; (ii) addressing your request; (iii) protecting and improving our Website; (iv) handling complaints, disputes and legal proceedings; and (v) as required under applicable law.
- Responsibility for Content. It is your responsibility to back up your Content and you are responsible for any lost or unrecoverable Content.
- Use Obligations and Restrictions
- Obligations. You agree to do each of the following in connection with your use of the Website, and comply with all applicable laws, rules and regulations.
- Restrictions. You must not misuse the Website. For example, you may not, whether by yourself or anyone on your behalf, (a) sell, resell, or lease the Website or access or attempt to access the Website by any means other than the interface we provided or authorized; (b) circumvent any access or use restrictions put into place to prevent certain uses of the Website; (c) use the Website to store, share, or transmit content which is unlawful, infringing, harmful or which violates any person’s rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair, or destroy the Website; and/or (e) reverse engineer or decompile the Website and/or any related services thereof, attempt to do so, or assist anyone in doing so.
- Content Removal. We may remove, block access, or prevent the upload of content to the Website, at our sole discretion, if we believe that the content breaches these Terms or applicable law, or following a third party notice, or subject to an order of or instruction by a competent authority.
- We Respect Your Rights. If you believe that your rights have been infringed by Us and/or any user of our Website, please contact Us at email@example.com. We will make efforts to promptly respond and handle your complaint.
- Intellectual Property Rights
- Retention of Rights. All rights, titles, and interests in and to the Website, including any articles, images, audio, video, graphic design, data and its processing, source code, markup code, and any other detail concerning the Website’s operation, including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets, work methods, processes, and other intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to us. Unless expressly provided otherwise under these Terms, we do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names, or any other rights, functions, or licenses with respect to the Website. You are not allowed to copy, distribute, display, or perform publicly, sublicense, decompile, disassemble, reduce to human-readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify, or create derivative works of the Website, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to, electronic, mechanical or optical means, without our prior written authorization. Trademarks in the Website (whether registered or not), names, logos, or the Website’s domain names – are our sole property. You are not allowed to use them, or any other confusingly similar mark or text, without our prior written consent.
- Feedback. To the extent you provide Us any feedback, comments or suggestions (“Feedback“), you grant Us a worldwide, royalty-free, irrevocable, perpetual, non-exclusive license to incorporate the Feedback into the Website or any of our current or future products or services.
- You will indemnify, defend, and hold harmless KwaKwa, its affiliates, resellers, employees and agents (the “Indemnified Parties“) from and against all liabilities, damages, and costs (including reasonable attorneys’ fees) arising out of any claim, demand, suit or proceeding by a third party alleging that your Content or your use of the Website infringes or misappropriates a third party’s intellectual property rights or violates applicable law or that your use of the Website is in violation of these Terms.
- Disclaimers of Warranties
- We make efforts to ensure the reliability and availability of the Website. However, errors, mistakes, and malfunctions can occur from time to time. Please help Us to maintain a high level of service by contacting Us at firstname.lastname@example.org and kindly report potential errors.The Website may from time to time provide you with suggestions for transactions offered through the Website and/or KwaKwa’s application. Any transaction you consummate based on recommendations provided by the Website is at your own risk.We will not be liable to you for any losses or damages suffered by you resulting from your use of, or reliance on, the recommendations provided by the Website and/or any related services thereof and/or any use of the Website. It is your responsibility to evaluate such transactions and uses.THE WEBSITE IS PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND KWAKWA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS.
- OTHER THAN AS EXPRESSLY STATED IN THE TERMS WE DO NOT WARRANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.
- Limitation of Liability
- IN NO EVENT WILL KWAKWA BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF KWAKWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT WILL KWAKWA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE WEBSITE EXCEED AN AMOUNT OF US$100.00.
- THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
- Governing Law and Jurisdiction
- These Terms, the Website, and any claim, cause of action, or dispute arising out of or related thereto, will be governed solely by the laws of the State of Israel, regardless of your country of origin or where you access the Website, and without giving effect to any conflicts of law principles.
- The competent court in Tel-Aviv, Israel, will have sole and exclusive jurisdiction over any claim in connection with the Website and/or any related services thereof, and in respect of any matter relating to the validity, applicability, performance, or interpretation of the Terms.
- We can update these Terms from time to time after giving proper notice. If the updates have minor if any consequences, they will take effect 7 days after we post a notice on the Website. If the updates have substantial consequences, they will take effect 30 days after we post a notice on the Website. Until the new terms take effect, you can choose not to accept them and terminate your use of the Website. By continuing to use the Website after the new terms take effect, you express your agreement to the new terms. Note that if we need to adapt the terms to legal requirements, the new terms will become effective immediately or as required by law.
- Changes to the Website. We may from time to time change the Website’s structure, layout, design, or display, and the scope and availability of the information and content therein, without giving any prior notice. Such changes may cause inconvenience. We will not be held responsible for any outcome of these changes or failures resulting from them.
- Links. The Website may include links to other websites, information, and content provided by third parties (“Third Parties’ Websites“). We do not own, operate, or monitor these Third Parties’ Websites. You can find these Third Parties’ Websites not compatible with your requirements, objectionable, annoying, improper, unlawful, or immoral. Please note that by linking these Third Parties’ Websites, we do not (i) endorse them; (ii) sponsor their content; or, (iii) confirm their accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility for these Third Parties’ Websites or their availability. Accordingly, we assume no responsibility for any transaction or agreement which is made or signed between you and these Third Parties’ Websites. We will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on these Third Parties’ Websites, including, but not limited to, all goods or services available on or through these Third Parties’ Websites.
- Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
- Waiver. No waiver by Us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms.
- Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and KwaKwa.
- Entire Agreement. These Terms contain the entire agreement between KwaKwa and you relating to your use of the Website and supersedes any and all prior agreements between KwaKwa and you in relation to the same. You confirm that, in agreeing to accept these Terms, you have not relied on any representation except as has expressly been made by KwaKwa in these Terms.
- Assignment. You are not allowed to assign or transfer your rights or obligations under these Terms. Any attempted or actual assignment or transfer by you will be null and void without KwaKwa’s prior written consent. We can assign or transfer our rights and obligations under these Terms to any third party, provided that your rights under the Terms are not compromised by such assignment or transfer.
- No Third Party Rights. There are no third-party beneficiaries to these Terms.
You can contact us at any time and request:
- To access, delete, change, or update any Personal Information relating to you (for example, if you believe that Personal Information related to you is incorrect, you can ask to have it corrected or deleted);
- That we will cease any further use of Personal Information related to you (for example, you can ask that we will stop using or sharing Personal Information related to you with third parties).
If you wish to raise a complaint on how we have handled Personal Information related to you, you can contact our data protection team who will investigate the matter. Our data protection team can be contacted at email@example.com. To the extent necessary, we will ask you to provide us with necessary details to authenticate your identity and to identify data related to you on our systems.
If you are not satisfied with our response or believe we are collecting or processing Personal Information related to you not in accordance with the laws, you can complain to the applicable data protection authority.
Some web browsers offer a “Do Not Track” (“DNT”) signal. A DNT signal is an HTTP header field indicating your preference for tracking your activities on our related services or through cross-site user tracking. The Website does not respond to DNT signals.
Certain services provided by us may allow members of our community to share content. All content (including all information, data, text, photographs, videos, audio clips, written posts and comments) added, created, uploaded, submitted, distributed, or posted to the Services by you (collectively “User Content”), is your sole responsibility. You represent that all User Content provided by you is in compliance with all applicable laws, rules and regulations and does not infringe, misappropriate or otherwise violate the rights of any third parties, including any intellectual property rights or publicity rights.
You shall not (and shall not permit any third party to) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Content on or through the Services that (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (ii) you know is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity including content that sexualizes minors, contains or depicts sexual activity or profanity, including pornography, or any content or services intended to be sexually gratifying or is otherwise inappropriate as determined by Us in Our sole discretion. Content that contains nudity may be allowed if the primary purpose is educational, documentary, scientific, or artistic, and is not gratuitous; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (vi) impersonates any person or entity, including any of our employees or representatives; (vii) includes anyone’s identification documents or sensitive financial information; (viii) content that promotes violence or incites hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status, or any other characteristic that is associated with systemic discrimination or marginalization; (ix) any content posted by or on behalf of terrorist organizations, or movements or organizations that have engaged in, prepared for, or claimed responsibility for acts of violence against civilians, for any purpose, including recruitment; (x) content that contains or facilitates threats, harassment, or bullying; (xi) content that facilitates the sale of explosives, firearms, ammunition, or certain firearms accessories, of marijuana or marijuana products, or of tobacco (including e-cigarettes and vape pens) or encourages the illegal or inappropriate use of alcohol or tobacco, in each case, regardless of legality.
User Content may be moderated by KwaKwa, in accordance with the provisions of these Terms. We reserve the right to, but do not have any obligation to (i) remove, edit or modify any User Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have violated these Terms), or for no reason at all; and (ii) remove or block any User Content from the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these Terms, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of us, Our users and the public.
We respect the intellectual property rights of others. In accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (“DMCA”), we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party’s copyright and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Services who are deemed to be repeat infringers of a third party’s copyrighted work.
If you believe that anything on the Services, including User Content, infringes any copyright that you own or control, you may file a notice of such infringement by providing the following information in writing:
- identification of the copyrighted work that is claimed to be infringed;
- identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
- information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
- a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
- a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
- the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by mail to: firstname.lastname@example.org
A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
For How Long We Retain the Information We Collect
We retain the information we collect from our visitors and users, yourself included, for as long as needed to provide the Website and our related services and to comply with our legal obligations, resolve disputes, and enforce our agreements (unless we are instructed otherwise). We can rectify, replenish, or remove incomplete or inaccurate information, at any time and at our own discretion.
How We Safeguard Information Related to You
We take great care in implementing and maintaining the security of the Website and Personal Information related to you. Accordingly, we employ industry standard procedures to ensure the confidentiality, integrity, and availability of our systems, safety of Personal Information related to you, and prevent unauthorized use of any such information.
However, we cannot guarantee that hackers or unauthorized personnel will not gain access to information despite our efforts. You should note that by visiting or using the Website, Personal Information related to you will be transferred through third party infrastructures which are not under our control. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information related to you, we cannot guarantee its absolute security.
We use Personal Information related to you, such as your name, email address, gender, and username, ourselves or by using our third-party subcontractors, for the purpose of providing you with promotional materials, concerning the Website and/or our related services, to the extent permissible under applicable law.
We provide you within such marketing materials with means to decline receiving further marketing offers from us. In addition, at any time, you can unsubscribe and discontinue receiving marketing offers by sending us a blank message with the word “remove” to email@example.com.
Please note that even if you unsubscribe from our marketing mailing list, we will continue to send you service-related updates and notifications, to the extent legally required and/or permitted.
The Website and/or our related services are not designated to individuals under the age of 18. If you are under 18, you must not (i) visit or use the Website and/or our related services; and/or (ii) provide us with any Personal Information related to you.
We reserve the right to access and verify any Personal Information which is collected from you. In the event that we become aware that an individual under the age of 18 shared any information, we will discard such information. If you have any reason to believe that a minor shared any information with us, please contact us at firstname.lastname@example.org.
If you have any general questions regarding the Website and/or our related services and/or the information that we collect about you and how we use it, please contact us at email@example.com.
Last Revised: April 18, 2021