Terms & Conditions
(last updated November 18, 2019)
We Kumlink (product of Hulf Technology, LLC.) hope you find it useful. By accessing or otherwise interacting with our servers, services, websites, mobile app ("App"), or any associated content/postings (together, "KL"), you agree to these Terms of Use ("TOU"). You acknowledge and agree KL is a private site owned and operated by Hulf Technology, LLC. If you are accessing or using KL on behalf of a business, you represent and warrant to KL that you have authority to accept the TOU on behalf of that business and that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use KL or download the App. We may modify the TOU at any time in our sole discretion, and may or maynot send you any notification in respect to the modifications. You are responsible for periodically checking for changes and are bound by them if you continue to use KL. Our privacy policy, prohibited list, and all other policies, site rules, and agreements referenced below or on KL, are fully incorporated into this TOU, and you agree to them as well.
LICENSE
If you agree to the TOU and (1) are of sufficient age and capacity to use KL and be bound by the TOU, or (2) use KL on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use KL in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from KL. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post or send to us.
USE
The logo and designs of the application are owned by Hulf Technology, LLC. You are not allowed to Copy, edit, reproduce, publish, distribute, store, commercially exploit these trademarks. Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with KL, e.g. for downloading, uploading, creating/accessing /using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect KL content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of KL's policies or rules referenced above ("Prohibited Content"). You agree not to collect KL user information or interfere with KL. You agree we may moderate KL access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available KL or our application programming interface ("API"), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide KL, (iii) combine or integrate KL or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects KL or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use KL or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
FEES
When you make a transaction, you authorize us to charge your account/card. Any tax/convinience charge is additional. Fees are non-refundable unless in cases where transaction was not completed.
DISCLAIMER & LIABILITY
To the full extent permitted by law, Kumlink (a product of Hulf Technology, LLC), and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("KL Entities") (1) make no promises, warranties, or representations as to KL, including its completeness, accuracy, error-free state of its content, mistake, availability, timeliness, propriety, security or reliability; (2) provide KL on an "AS IS" and "AS AVAILABLE" basis and any risk of using KL is assumed by you; (3) Kumlink or its developer does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Kumlink or any hyperlinked website or featured in any user status submission or other advertising; (4) Kumlink or its developer will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services. As with the purchase of a product or service between any medium or in any environment, you should use your best judgment and exercise caution where appropriate (5) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (6) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with KL. KL Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to KL.
CLAIMS & INDEMNITY
Any claim, cause of action, demand, or dispute arising from or related to KL ("Claims") will be governed by the internal laws of Delta State, without regard to conflict of law provisions, except to the extent governed by Nigeria federal law. Any Claims will be exclusively resolved by courts in Delta State (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Delta State; (2) indemnify and hold KL Entities (its affiliates and officers, developers, directors, employees, and agents) harmless from any and all Claims, losses, demands, liability, or expenses (including attorneys' fees) that arise out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) KL use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers. (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
MISC.
Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users compling with prior written licenses may access KL thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.