These terms and conditions ("Terms") constitute a legal agreement between you and KAL Group Ltd ("us" or "we"). By downloading the App (the "Apps") you agree to be bound by these Terms. They govern your access to and use of the App and the service we offer through it ("Service").
Please read these terms and conditions carefully before using this App. By using this apps, you signify that you have read and accepted these terms and conditions. If you do not agree to these terms and conditions, do not use the app.
Please note that we may make changes to these Terms from time to time, so please do review them regularly.
1. The Service
1.1 The use of this App is licensed to you by us in accordance with these Terms. This App does not store any confidential data, only information regarding settings are embedded into the parent app / DAW.
1.2 The Content belongs to you and will not be shared with third parties.
1.3 We may upgrade or update the App and the Service from time to time. You agree that these Terms shall apply to such upgrades and updates. We will not be responsible for any lack of functionality of the App caused by you failing to install any update issued by us.
1.4 We reserve the right to amend or withdraw the App at any time and for any reason in which case the Service may no longer be available to you.
2. Using the App
2.1 We supply the App and Service for your private use. You agree not to use the App or Service for resale purposes.
2.2 The Content displayed via the App is for your own private use only. You agree that you won't attempt to copy, reproduce or save any Content, other than Content that is clearly marked as available to download or share, or attempt to sell, transfer or otherwise use any Content for any commercial purpose. If you do, or we have reason to believe you are doing or trying to do this, we may suspend or terminate your use of the App and the Service.
2.3 You agree that you will not: (i) attempt to alter, modify, copy, decompile, reverse engineer, disassemble or otherwise derive source code from the App or Service; (ii) tamper with, hinder the operation of, make unauthorised modifications to the App or Service including attempting to interfere with the access of any user, host or network; (iii) use the App or Service for any activities which breach any laws or regulations or infringe any third party rights; (iv) remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices of us or any third party; (v) use the personal information of another person in order to access or use the App or the Service; (vi) transmit any bug, virus or other disabling feature to or through the App or Service; or (vii) attempt to share or transfer the App with or to any other person.
2.4 You are responsible for complying with any applicable laws of the country from which you are accessing the Service.
3. Privacy Policy
3.1 While using the App we do not collect any form of personal data.
3.2 We may make changes to this Privacy Policy from time to time, so please do review it regularly. You agree to be bound by any such changes where you use the App.
3.3 By using the App and the Service you consent to the collection and use of your information (including personal data) in accordance with this Privacy Policy.
3.4 Any queries or comments about this policy should be emailed to lets-talk@kal-group.com
4. Our obligations to you
4.1 Subject to your on-going compliance with these Terms, we grant you a revocable, non-transferable, non-exclusive worldwide personal licence to use and install the App on a personal device that you own or control.
4.2 Sometimes, the App or the Service may need some maintenance, or the App or the Service may stop working because of difficulties caused by legal, security, technical or commercial reasons. If this happens, whenever possible, we will try to give you notice in advance.
4.3 We will use reasonable skill and care to overcome any technical difficulties (within our control) which cause the App or the Service (or any part of the App or the Service) to become inaccessible or unworkable.
4.4 We do not guarantee that the App is compatible with all hardware types and devices or with all device operating systems or versions.
4.5 We can't guarantee continuous access to the Service. We reserve the right to withdraw, modify or suspend aspects of the Service, or the entirety of it, where we have legal, security, technical or commercial reasons to do so.
4.6 The App may contain links to third party websites, content and other services that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third party sites, information, materials, products, or services.
4.7 We are not the seller or supplier of any of Content or any of the goods or services that our Partners make available via the App. This means we have no control over or responsibility for the quality, safety, or legality of the Content, the Partner Terms or the goods and services made available from our Partners. Any objection that you have to any Content should be raised with the Partner supplying such Content.
4.8 The App and the Service are each provided on an "as is" basis and "as available" basis and to the fullest extent permissible by law we make no warranties that the App or the Service meets any requirements, or that either of them will be free from viruses, worms, spyware, trojan horses or other harmful elements. No content or information obtained by you from the App or the Service, whether written or oral, will create any warranty or other obligation not expressly stated in these Terms.
5. What if something goes wrong?
5.1 We shall not be liable under any circumstances for any direct or indirect loss, damage or expense suffered or incurred by you arising out of or in connection with any Content or transactions with our Partners, including (without limitation) all claims and demands relating to uncompleted or completed offers, or goods or services offered for sale or supply (or actually sold or supplied) by our Partners. Such liability lies with our Partners.
5.2 Subject to para 5.3, we shall be liable for direct and foreseeable loss or damage only (whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by our act or omission or that of our employees, agents or subcontractors) as relates directly to the operation of the App. We will not be liable for any indirect, consequential, unforeseeable or special loss or damage, including loss of data.
5.3 To the extent that the law permits, our total aggregate liability to you in connection with these Terms, including but not limited to liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including negligence) and breach of statutory duty shall not exceed the greater of: (a) the value of any redeemable benefits stored in your Account as accumulated from offers; or (b) £100.
5.4 Our liability shall not in any event include losses related to any business of yours such as lost data, lost profits or business interruption.
5.5 You agree to pay or reimburse us for all liabilities, claims and expenses that may arise out of or in connection with any breach of these Terms by you.
5.6 We reserve the right to suspend and/or terminate your access to the App and the Service, if you are in breach of any of these Terms.
5.7 Nothing in these Terms shall limit or exclude our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
6. Other legal stuff
6.1 No rights are granted to you for the use of any trademarks or logos which are displayed via the App or otherwise appear in the Service.
6.2 We reserve the right to assign these Terms, and to assign or subcontract any or all of our rights and obligations under these Terms, to any third party.
6.3 If for any reason any part of these Terms is deemed to be unenforceable, then the unenforceable part of the Terms will be deleted and this will not affect the validity or enforceability of the remaining Terms.
6.4 Any waiver by us of a breach of any provision of these Terms will only be effective if notified to you in writing and shall not be deemed to be a waiver of any subsequent breach of any provision.
6.5 These Terms constitute the entire agreement between you and us and govern your use of the App and the Service and supersede any prior agreements between you and us in relation to the App and the Service.
6.6 A person who is not a party to these terms and conditions may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
6.7 These Terms and your use of the App and the Service shall be governed by and construed in accordance with English law. By using the App or Service, you accept that any dispute arising out of your use of the App or the Service (including non-contractual claims or disputes) shall be subject to the exclusive jurisdiction of the English courts.
7. Got a question?
If you have a problem with the App or any queries about the Service or these Terms, please contact us at: lets-talk@kal-group.com.