Terms and Conditions
1. Introduction
- Please carefully read and understand these Terms and Conditions (“T&Cs”) (and any amendments made thereto from time to time by Kura (“Kura”) before signing up in the Kura app or making use of any of the Services. This is a Binding Agreement).
- By signing up to this platform, you agree and accept our Terms and Conditions.
- These T&Cs, together with our Privacy Policy and Cookies Policy establish the complete terms and conditions which shall be pertinent to your use of the Kura app, Kura website and access to any of the Services.
- These T&Cs are subject to modification without prior notice, periodically at our discretion. Your use of the Kura App and the Services establishes your agreement to be bound by the terms of any such amendments to these T&Cs which shall be intermittently updated on the Kura App and its website.
- You confirm your acceptance of these Terms each time you access or use any Kura Services. If you do not accept these Terms, you are not lawfully permitted or authorised to use or participate in Kura Services and you are not entitled to use them.
1.1. DEFINITIONS
For the purpose of this Terms and Conditions:
Kura App means the mobile application, and website owned, trademarked, and operated by Kura under the parent company VPF Ventures.
“Services” means any form of services that Kura may offer you via the Kura app and website and which you may from time to time require.
“Kura”, “we” or “us” means Kura.
“You” or “User” means the person that intends to access the Kura app or website, subscribe to, and receive the Services inherent.
“Credentials” means your personal credentials used to access the App, including but not limited to your username and password.
“Privacy Policy” means this Kura privacy policy in its entirety that establishes the basis on which any personal data we collect from you, or that you provide to us, will be used by us.
2. Account
2.1. ELIGIBILITY
By signing up to our services on our website or mobile application (the “Platforms), you acknowledge, represent and agree that you are at least 17 years of age, or if you are under 17 years of age, that you are using our services with the consent of your parent or legal guardian and that you have received the permission of your parent or legal guardian to use our services and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and our Privacy Policy and to fully indemnify and hold harmless the Company if the Minor breaches any of these terms.
2.2. ACCESS & SECURITY
You create an account when you sign up to our services either through the website or mobile application. The registrations and logins can be via the traditional sign up or social sign ups. Your password will regulate your access to your Kura App account. By accessing the website or mobile application, you consent to using your password to access the services which we provide via the Platforms. You also consent to receiving via electronic means all communications and notices which we are required by law to provide to you. You also agree to receive our newsletters, marketing communications, product offerings (new or old) via the same means.
You are responsible for the security and confidentiality of your password and log in credentials. You shall not allow anyone else to have or use your password details and you shall comply with all reasonable instructions we may issue regarding account access and security. You are responsible for any activity that results from use of your password or log in credentials. In the event you share your password details, Kura will not be liable to you for any losses or damages that may occur.
You agree that your consent will remain in effect until you withdraw your consent as specified under this Terms and Conditions. You are deemed to have withdrawn consent when you delete your Kura account and send an email to the Kura team contact@thekura.co stating that you completely withdraw your consent and access to the Platforms.
3. Disclaimer & Indemnity
3.1. WE TRY TO KEEP OUR WEBSITE AND MOBILE APPLICATION SAFE AND BUG FREE AT ALL TIMES. HOWEVER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF KURA SERVICES IS AT YOUR SOLE RISK, AND KURA SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY OR THROUGH KURA SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY, SAFETY, RELIABILITY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WE MAKE NO WARRANTY THAT;
- KURA SERVICES WILL MEET YOUR REQUIREMENTS,
- KURA SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF KURA SERVICES WILL BE ACCURATE OR RELIABLE,
- THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE THROUGH KURA SERVICES WILL MEET YOUR EXPECTATIONS, AND
- ANY ERRORS IN KURA SERVICES WILL BE CORRECTED; AND
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF KURA SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
4. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KURA, INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR THE SERVICE PROVIDER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR THOSE AUTHORISED BY YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE KURA SERVICES.
- FAILURE OR DELAY IN PROVIDING THE SERVICES.
- UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
- ANY PERFORMANCE OR NON-PERFORMANCE BY KURA.
- YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US, OR
- ANY OTHER MATTER RELATING TO KURA SERVICES.
- ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR ELECTRONIC DEVICES OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS AND USE OF OUR SERVICES.
- SERVER FAILURE OR OTHERWISE OR IN ANY WAY RELATING TO THE SERVICES.
You agree to defend, indemnify, and hold harmless Kura and its owners, officers, directors, affiliates, suppliers, and licensors from and against any claims, actions, or demands from you or any third party, including without limitation reasonable legal and accounting fees, alleging or resulting from:
- Your use of Kura Services,
- Your use of or reliance on any third party or Kura Content, or
- Your breach of these Terms.
5. Termination
Breach or violation of these Terms may result in legal action and suspension of your use of Kura Services. We reserve the right in our sole discretion to suspend or terminate your account and access to Kura Services with or without notice to you and without any further dispute from you in the event you breach these Terms or if we cease to make the Kura Services available generally. We reserve the right to refuse to provide Kura Services to you in the future for any lawful reason.
Kura reserves the right to suspend your Kura account and your access to Kura services if:
- We are required to do so at any time by law.
- You fail to comply with the provisions of this Terms and Conditions.
- We choose to discontinue the services being offered or discontinue to operate thePlatforms.
- Where any fraudulent transaction occurs.
- Other actions that may fall within our reasonable discretion to suspend or deactivate your account with us.
6. Content guidance
6.1 Kura may review and remove any user content at any time for any reason, including content which, in its sole judgement: violates these terms, does, or might violate any applicable laws, rules, standards, or regulations, is abusive, disruptive, offensive, or illegal, does or might violate the rights of, or harm or threaten the safety of anyone. To the greatest extent permitted under applicable law, you are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Kura Services and will indemnify us and any affected user for any losses or damages incurred.
6.2 Kura may also request proof of authority that you have the right to sell a property or any content for a third party.
Authors, writers, book vendors, book publishers and all who intend to sell their books using Kura services are advised to watermark photos when posting/listing to avoid intellectual property theft.
To use the bookstore advert/posting features, you must submit a proof of the authority of the books or the intellectual property.
7. Content Disclaimers, Limitations, and Prohibitions.
You are responsible for your actions when using and relying on Kura Services. You are solely responsible for your user content on Kura Services. Kura does not endorse any, nor is it responsible for, any user content on the Kura Services. You assume all risks associated with your user content, including any party’s reliance on its quality, accuracy, or reliability. You may subject yourself to liability if, for example, your user content contains material that is false, intentionally misleading, or defamatory, violates third-party rights, or contains material that is unlawful or advocates the violation of any law or regulation.
You agree to use the Kura Services and content only for their intended purpose. You also agree to engage/interact with all users in a way that is true, honest, and honourable. In the same vein, you have the right to report any user or any listing/posting, comment or communication which is offensive, inappropriate, abusive, or misleading.
You must use the Kura Services and content in compliance with all privacy, data protection, intellectual property, and other applicable laws. Without limiting the generality of the foregoing, the following uses of Kura Services and Kura Content are prohibited, and you shall not:
- Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorised access to the Kura Services, user accounts, or the technology and equipment supporting the Kura Services.
- Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity.
- Disclose personal information about another person or harass, abuse, or post objectionable material.
- Sell, transfer, trade or assign any of your rights to use Kura Services or Kura Content to a third party without our express written consent.
- Use Kura Services after your account or access has been terminated, without our consent.
- Misuse and abuse the platform or render it unsafe to use for users, by your communications and content. We prohibit harassment, bullying, trolling, threats, violence, harm, fraud, hate speech, discrimination, defamation, and similar behaviours. Where there is a violation, Kura reserves the right to take action we deem necessary. This may include but is not limited to; deactivating your account or taking further steps such as reporting to the responsible law enforcement authorities.
- Use Kura Services in an illegal way or to commit an illegal act in relation to any part or that otherwise results in fines, penalties, and other liability to Kura or others or interferes with the proper use and enjoyment of Kura Services. Reports and discovery of any illegal use shall result in deactivation of your account and/or reporting to the responsible law enforcement authorities.
- Take any action or behave in any manner that would reasonably be considered unlawful, improper, or wrong.
8. Third Party Websites.
Kura Services may include information from or links to third party websites, services and applications and you are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. Any activity or download from the use of these third-party platforms is outside the control of Kura and you assume all risk.
9. Rights to the Content You Post.
You represent, warrant and covenant to Kura that:
- You own or are authorised to use and shall at all times own and be authorised to use, any content posted by you on or through Kura Services.
- The posting/listing and use of your user content on or through Kura Services does not, and shall not at any time violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and
- The posting/listing of your user content on Kura Services does not, and shall not at any time, result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting/listing your user content on the Kura Service and indemnify us with respect thereto. You agree to commit to and fulfil any agreement entered into with any user as a result of posting/listing on the Kura Platform.
- Your user content is, and shall at all times be, non-confidential and non-proprietary.
10. Payments
10.1 Payments and subscriptions on the Kura platform enables you to have full engagement access to features and content on the platform especially communication engagements uninterruptedly. These payments/subscriptions are limited to only Kura services on the Kura App only.
10.2 REGISTRATION AND SIGN-UP VIA WEBSITE ACCESS
- When you register on our platform you will be redirected to our subscription plan page. You will be required to select a plan before you complete your registration/or to continue using the platform.
- If you have chosen a free plan, you will not be redirected to a payment page or be required to pay before completing the registration process.
- Using social signups may require you to choose a subscription plan to complete your onboarding or you can choose a plan later to continue using the platform especially the messaging communications.
10.3. SUBSCRIPTION PLANS AND PRICING
- Our subscription plans and pricing may change or be modified at our discretion and without prior notice to you. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription or discontinue use of the platform before the change takes effect. (This applies mostly to the auto-renew candidates)
- Your subscription plan will not automatically renew after expiration. The option to auto-renew can however be set up and turned on by you. (You have the sole control to turn it on/off or cancel use).
- When you change your subscription plan, your new plan will only take effect after your current plan expires.
- You may cancel your subscription plan, however, payments on subscriptions are non-refundable. If you believe you have made a wrong transaction such as choosing a wrong subscription plan, or if you have complaints, you can reach us at contact@thekura.co to discuss your options and resolutions.
10.4. PAYMENTS AND BILLINGS
- Any charges you incur in connection with the use of our services such as subscription fees will be charged to your payment method.
- If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the service until we have successfully charged a valid Payment Method.
- You can cancel your subscription at any time, you will continue to enjoy the benefits of our platform except the features that requires subscription.
11. Applicable Laws and Dispute Resolution
- These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria.
- In the event of any dispute controversy or claim of any nature in connection with these T&Cs or the use of the Kura app, attempts shall be made by Kura and the User to solve such disputes amicably, failure of which it shall be referred for final determination to arbitration in accordance with the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria, 2004 for the time being in force, or any statutory re-enactment or modification thereof.
- The Arbitral tribunal shall comprise one (1) arbitrator to be appointed jointly by the Parties.
- The arbitration shall take place in the Federal Republic of Nigeria; and to the degree acceptable by law the determination of the arbitrator shall be final and binding upon the parties and shall not be subject to any appeal.
- Nothing in this clause shall restrict either party’s liberty to begin legal proceedings of any nature for the purposes of seeking preliminary injunctive relief or conservatory measures from any court of competent jurisdiction pending the final decision.
12. Severability
If any of the provisions of this Terms and Conditions is held to be unenforceable, such provision shall be substituted for an enforceable provision that encompasses the intent and effect of the affected provision.
13. Communications & Notices
By signing up to our services, you automatically consent to Kura communicating with you by email and mobile notification. You also consent to receiving emails and other electronic communications from Kura regarding your use of Kura Services including promoting or making you aware of Kura offerings, new services, and products. All enquiries and grievances can be directed to support@thekura.co.
14. Amendments & Modifications
We may amend our Terms and Conditions at any time without recourse or notification to you. We reserve the right to make changes to these Terms and Conditions as and when required. We advise that you check this page often to refer to the last modifications made.
15. Proprietary Rights of Kura
You understand, acknowledge, and agree that Kura is the sole owner of all rights, title, and interest, including any and all intellectual property rights in the logos, trade names, brand names, designs and any necessary software used in connection with our services except for Third Party logos, trade names, brand names, designs, which applicable proprietary rights shall vest in the third parties accordingly. There may be proprietary logos, service marks and trademarks found on our website or mobile application whether owned/used by Kura or otherwise. By displaying them Kura is not granting you any licence to utilise the proprietary logos, service marks, or trademarks. Any unauthorised use of the same may violate applicable intellectual property laws. Kura does not grant you any licences, express or implied, to our intellectual property or the intellectual property of our licensors, except as expressly stated in these Terms and Conditions. We and our third-party licensors retain all rights, titles, and interests in and to the services, the content of the Platforms, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights. Nothing under these Terms shall be deemed to be a transfer in ownership, rights, title, from Kura to you or any third party.