These Terms and Conditions, including the terms, policies, guidelines, and instructions referred to herein (Terms and Conditions), is an agreement between IKI TECH LTD (hereinafter referred to as ‘IKI’) and the end-user (hereinafter referred to as ‘you’, or ‘your’).
IKI is an innovative wellness app specifically crafted for health and wellness enthusiasts who lead busy lives. Our app aims to empower individuals by assisting them in achieving a harmonious balance between maintaining a healthy and fit lifestyle, even with their demanding schedules.
This agreement governs your access to and use of IKI services, including the mobile software application (the ‘App’), website, and other products and services provided under IKI.
By using any of the services and products, you agree to these Terms and Conditions. If you are using the services and products on behalf of a business, you represent to IKI that you have authority/capacity to bind that business or entity to these Terms and Conditions, and that business or entity accepts these Terms and Conditions.
In order to use the Services, you must create an account with IKI Wellness App. During registration, IKI will ask you for information which may include but not be limited to your name, email address, health status from age, sex, weight, etc., food and eating options, contact details, and other personal information.
You must provide accurate and complete information. IKI can suspend or terminate your account if you provide incomplete or false information. You represent and warrant that you have verified in your own jurisdiction if your use of the Services is allowed, that you will perform under these IKI Terms in compliance with all applicable laws, rules, and regulations, and that all information you provide in connection with your access to or use of the Services is true, accurate, and complete to the best of your knowledge and belief.
You must inform IKI of any changes and update the information in your IKI account accordingly without undue delay. You are fully responsible for all activity that occurs under your IKI account, including for any actions taken by persons whom you granted access.
By using IKI, you warrant that you are at least 18 years old and that you have a legal capacity to enter into legally binding contracts. No individual under the age of 18 may use the Services or provide us with any personal information. We implement technical measures to prevent individuals under 18 from creating an account or otherwise using our Services. If we become aware that an individual under 18 may have provided us with personal information, we will investigate and, if applicable, take steps to remove the data and delete that individual’s account.
You are responsible for ensuring that your email address, password, and other personalized security features (security credentials) are kept safe and secure.
Iki is an innovative wellness app specifically crafted for health and wellness enthusiasts who lead busy lives. Our app aims to empower individuals by assisting them in achieving a harmonious balance between maintaining a healthy and fit lifestyle, even with their demanding schedules.
You agree that IKI may at any time update or modify the Services. IKI will always attempt to notify you of any such updates or modifications with reasonable notice.
Your ability to use the Services is dependent on independent services off IKI, including software applications, provided to you by third parties (such as Internet, data traffic, and network services). Such third parties may charge you fees for accessing and using such services and applications to use the Services, and you are solely responsible to pay such fees. IKI does not own, control, or have any responsibility or liability for any third-party services or software applications you select to use in connection with the Services.
IKI services include both Paid Services to be paid on a recurring basis (Subscription Services) and on the initial purchase and on an as-used basis (‘A La Carte Services’).
Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree that these Terms and Conditions will govern your access to, and use of the Services included in, the Subscription, in addition to any Additional Terms. A Subscription will automatically renew each month until you terminate it in accordance with these Terms and Conditions or any Additional Terms.
We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such change.
By using an A La Carte Service, you agree to pay the fees and any Taxes incurred at the time of initial purchase and its usage.
You are responsible for determining any and all taxes assessed, incurred, or required to be collected, reported, paid, or withheld for any reason for the sale of your products and services and any payments you receive in connection with your use of our Services ("Taxes"). You are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. IKI is not obligated to, nor will we determine whether Taxes apply or assume any liability in relation thereto, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.
Any personal information collected in relation to the use of this website will be held and used in accordance with IKI’s Privacy Policy.
In connection with IKI, you may be able to upload or provide photos, logos, products, and other materials or information ("Content"). You agree that you will not upload or provide any Content unless you have created that Content yourself or you have permission from the content owner to do so.
You grant us, our affiliates, and our successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content in any media in order to provide and promote the Services. You retain all rights in your Content, subject to the rights granted to us in these Terms and Conditions.
You may modify or remove your Content or terminate your IKI Account, but your Content may persist in historical, archived, or cached copies and versions thereof available on or through the Services.
You agree not to upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, threatening, harassing, hateful, or abusive, b) encourages conduct that would be considered a criminal offense or gives rise to civil liability, c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy, or intellectual property, d) contains corrupted data or any other harmful, disruptive, or destructive files, or e) is illegal and contrary to the laws of the Jurisdiction, f) in our sole judgment, is objectionable or which may expose us, our affiliates, or other end users to harm or liability of any nature.
IKI as a name, logo, signs, domain names, email addresses, and anything related to IKI’s services and products (including but not limited to copyrights, patents, database rights, design right, trademarks) are owned by IKI. You shall not acquire any right, title, or interest in any such IPRs by reason of the Services or the Contract, and all right, title, and interest in and to the Website and the Application shall remain our property and/or the property of such other third parties.
You may use IKI’s website, App, and services only for the purpose of the bona fide use of our services as an individual, business, or entity and only as permitted by these Terms and Conditions. You are authorized solely to view and to retain a copy of the pages of the Website for your own personal use.
IKI grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sub licensable licence to electronically access and use the services solely to manage your IKI Account and utilize such other services as we may make available from time to time in accordance with these Terms and Conditions and any Additional Terms.
For avoidance of doubt, The Services are licensed and not sold. IKI reserves all rights not expressly granted to you in these Terms and Conditions and any Additional Terms. The Services are protected by patent, copyright, trademark, trade secret, and other intellectual property laws.
All third-party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly.
You may be offered services, products, and promotions provided by third parties and not by IKI, including, but not limited to, third-party developers who use IKI services (“Third Party Services”). If you decide to use Third Party Services, you will be responsible for reviewing and understanding the terms and conditions for these services.
You will indemnify, defend, and hold IKI and our processors (and our respective employees, directors, agents, affiliates, and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable Advocates’ fees) arising out of or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by any person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms and Conditions; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or Intellectual Property Rights; (d) your violation of any law, rule, or regulation of Kenya or any other country or any inaccuracy in any Tax Information provided hereunder; (e) any third-party claims made in connection with providing you with the Services; and (f) any other party’s access and/or use of the Services with your unique name, password, or other appropriate security code; and (g) any transaction, purchase, good, or service in respect of which IKI provides, or provided, you with payment processing services in accordance with the Terms.
IKI provides the Services to you on an "as is" and "as available" basis without any warranty or condition, express or implied, except as specifically stated in these Terms and Conditions.
IKI does not warrant, represent, or guarantee in any way that the services are accurate, reliable, or correct; that the services will meet your requirements; that the services will be available at any particular time or location, uninterrupted, error-free, without defect, or secure; that any defects or errors in the services will be corrected; or that the services are free of viruses or other harmful components or fit for any particular purpose.
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign up for an IKI Account.
Such communications may include, but are not limited to, requests for secondary authentication (when applicable), receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications.
/MarkdownThese Terms and Conditions and any Additional terms are effective upon the date you agree to them and will remain in force until terminated by IKI.
IKI may terminate these Terms and Conditions or any Additional Terms, or suspend or terminate your IKI Account or your access to any Service, at any time for any reason.
If your IKI Account is suspended or closed or these Terms and Conditions or Additional Terms are terminated by IKI, you agree: a) to continue to be bound by these Terms and Conditions and any Additional Terms until any outstanding liabilities and obligations between you and us have been finally settled, b) to immediately cease your use of the Services, c) that the licence granted under these Terms and Conditions and any Additional Terms will terminate, d) that we may delete all of your information and account data stored on our servers, unless we are required to retain such information under applicable law, and e) that we will not be liable to you for compensation, reimbursement, or damages in connection with the deletion of your information or account data.
IKI has the right to amend, delete, or add to these Terms and Conditions and any Additional Terms and change, delete, discontinue, or impose conditions on any feature or aspect of the Services at any time.
IKI will usually give you 30 days’ notice of any change, except when: IKI may give more notice where this is required by mandatory law or need to make changes more quickly.
Through your IKI Account settings, you may give, remove, and manage authorizations for certain third-party service providers ("Partners") to take certain actions on your behalf by connecting to your IKI Account, such as to access and retrieve your IKI Account data.
By authorizing a third-party software application (a "Partner App") to connect to your IKI Account, you are authorizing and instructing us to permit the Partner App to take such actions as are permitted by your authorizations.
No party will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications or internet failures, utility failures, power failures, equipment failures, employment strike, riots, war, terrorist attack, non-performance of vendors or suppliers, or other causes over which the respective party has no reasonable control.
If any Court or competent authority holds that any of the provisions of these Terms and Conditions are invalid, unlawful, or unenforceable to any extent, that shall not affect the other Terms and Conditions which will continue in full force and effect to the fullest extent permitted by the laws of Kenya.
These Terms and Conditions and any Additional Terms, and any dispute or claim arising out of or in connection with their subject matter (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of Kenya.
Any dispute, controversy, or claim arising out of or in connection with these Terms and Conditions or any Additional Terms, or the breach, termination, or invalidity thereof, will be submitted to the exclusive jurisdiction of the competent courts of Kenya.