TERMS AND CONDITIONS
TERMS OF USE
Effective date: 1st day of November 2023
The KTERINGS website/Application (‘the app or site’), is owned and operated by KTERINGS INC, (hereinafter referred to as KTERINGS), carrying on its business activities in Canada.
  1. YOUR ACCEPTANCE OF THESE TERMS OF USE
These Terms of Use hereinafter referred to as “TOU” constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you, user or customer”) and KTERINGS(“KTERINGS APP, we,” “us” or “our”), concerning your access to and use of the Application (IOS and ANDROID inclusive) and www.kterings.com, and any other media form, media channel, related, linked, or otherwise connected thereto (collectively, the “Site, “App” or KTERINGS APP”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these TOU Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. BY SIGNING UP TO USE THE APP OR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT THE FORMS WE SEND YOU ARE PROPER NOTIFICATION OF SUCH REPORTS AND THAT YOUR NAME AND DATE OF SENT REPORT WILL BE RECORDED ON OUR DATABASE WHICH WILL SUFFICE AS A SIGNATURE FOR SUCH REPORTS.
Supplemental TOU or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TOU at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these TOU and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these TOU to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOU by your continued use of the Site after the date such revised Terms are posted.
  1. YOUR ACCEPTANCE OF OUR PRIVACY POLICY
By agreeing to these TOU, you agree to the terms of our Privacy Policy which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy.
  1. YOUR CONSENT TO OTHER AGREEMENTS
When you wish to use a specific feature of this Site, you may be required to agree to additional terms that govern your use of that feature. These specific terms may be presented to you for acceptance, for instance, by checking a box or clicking a button marked "I agree." Please note that these specific terms may differ from the general Terms and Conditions of the Vendor's Site.
  1. ABOUT KTERINGS SERVICES AND USE OF APPLICATION

The website/application is owned and operated by KTERINGS, carrying on its business operations in Canada. KTERINGS offers a comprehensive set of services to make sure you’ll be able to find exactly the kind of meal you are looking from the platform.

We are more than just a platform; we are a community of food enthusiasts, home chefs, and passionate foodies dedicated to bringing the joy of homemade meals to your doorstep. Our mission is simple yet profound: to empower anyone with a culinary flair to turn their passion into a thriving business, all while giving food lovers access to an array of delectable homemade dishes made with love and care. Imagine savoring the flavors of a homemade meal, crafted with expertise and attention to detail. That's what we offer at KTERINGS. Our talented network of homemade food creators, lovingly known as "Kterers," welcomes you to explore a world of culinary delights that span cultures, cuisines, and cravings.

We believe that every homemade meal tells a unique story. Our platform connects you with local Kterers who pour their hearts into creating exceptional dishes. By choosing KTERINGS, you're not just enjoying a delicious meal; you're supporting local talent and small businesses.

How it’s works?

Our user-friendly website and mobile app make it a breeze for you to discover, order, and enjoy homemade food whenever and wherever you desire. Whether it's a cozy dinner for two, a family feast, or a special celebration, we've got you covered.

At KTERINGS, we prioritize transparency, quality, and trust. We take food safety seriously, and KTERERS listed on the platform adhere to the highest standards of hygiene and food preparation. Your culinary experience is our top priority.

You can register on the app either as a KTERER or a customer. As a Kterer, you can grow your client list and engage with your community by becoming a certified KTERINGS provider The app is designed to connect customers with service providers to provide homemade meal services.

The KTERINGS platform is a web- and app-based two-sided marketplace which enables connections between Customers and Service Providers. “Customers” are persons seeking homemade meal services (“Services”) from Service Providers (kterers) listed on the platform. Customers and Service Providers together are hereinafter referred to as “Users.” If you agree on the terms of a Services with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more details set forth in paragraph 7.1. Please be advised that KTERINGS acts as an intermediary between you and our vendors, with our role primarily involving the provision of a platform for communication and listings. Additionally, KTERINGS is responsible for the delivery of homemade meals, with the extent of our liability in this respect being limited to the delivery process itself. Any issues that arise beyond the scope of delivery are outside of our liability. It is important to understand that, as a technology platform facilitating connections between users, KTERINGS does not assume liability for any issues that may arise during the process of service provision, except for those related to the delivery of meals. We recommend reviewing our detailed terms and conditions for a comprehensive understanding of our responsibilities and limitations in facilitating these transactions.

Getting Started

  • Create an Account: Sign up for a account to get started. You can sign up using your email address or social media profiles.
  • Profile Setup: Complete your profile by adding a profile picture and a short bio. This helps build trust with other users.

Browsing Homemade Meals

  • Discover Kterers: Browse through a diverse range of Kterers offering homemade meals. Explore their profiles to learn more about them and their specialties.
  • Search: Use our search feature to find specific dishes, cuisines, or Kterers in your area.

Placing an Order

  • Select a Dish: Click on a homemade meal listing to view details. Select the quantity and any customizations (if available).
  • Add to Cart: Add the selected dish to your cart.
  • Checkout: Review your cart and complete the order by entering payment information.

Tracking Orders

  • Order Confirmation: Receive an order confirmation with details, including estimated delivery time.
  • Order Status: Track your order in real-time. You can see when the Kterer accepts the order, starts cooking, and when it's out for delivery.

Receiving Your Homemade Meal

  • Delivery: Our dedicated drivers will bring your meal to your doorstep. You'll receive updates on the delivery status.

Enjoying Your Meal

  • Unpack and Savor: Once your meal arrives, unpack and enjoy the delicious homemade goodness.
  • Review: Share your feedback by leaving a review for the Kterer. Your reviews help others discover great homemade meals.
  1. APPLICABILITY

"These general terms and conditions (the "Conditions") apply to:

(a) The use of any information, pictures, documents and/or other services offered by KTERINGS APP via (our “Website”);

(b) The downloading and Installation of the KTERINGS APP Mobile Application (IOS or ANDROID) on your smartphone.

  1. ACCOUNT.

To use and enjoy the services we provide, we require you to register an account with us. You would be required to download the KTERINGS APP Mobile Application on your device (IOS, ANDROID, and or WINDOWS). You can also create an account to use the services on our website available to you at – www.kterings.com. You have the option to register an account with us, either as a customer or as a KTERER.

In order to maintain the safety and integrity of our platform, we conduct a verification process that includes obtaining legal documents such as passports or driver's licenses from individuals interested in becoming KTERERS. KTERINGS does not store any of the information or documents requested.

Your Account is for your individual personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.

  1. USE OF SERVICES/USER PROHIBITIONS

6.1 Subject to your compliance with these Terms, KTERINGS grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

6.2 You shall use the Services in accordance with these Terms and shall not:

  • Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, Privacy, Copyright, trademark or any other intellectual property right.
  • Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the services.
  • Make any modification, adaptation, improvement, enhancement, translation or derivative work from the services.
  • Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
  • Use the Services in violation of or to circumvent any sanctions or embargo.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of KTERINGS or its affiliates, Partners, Suppliers or Licensors.
  • Use the Services for any purpose for which it is not designed or intended.
  • Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by KTERINGS.
  • Use any proprietary information or interfaces of KTERINGS or any other intellectual property of KTERINGS in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
  • Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
  • Use the Services to send automated, unsolicited or unauthorized messages, advertising or promotional material or any junk mail, spam or chain letters.
  • Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
  • Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
  • Collect any information in respect of other users without their consent.
  • Commit any act to avoid paying any applicable fees and/or charges.
  • Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
  • Authorize or encourage anyone to do any of the foregoing.

6.3 KTERINGS reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.

6.4 The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content and designs on each page of the KTERINGS application and website, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the service in accordance with these terms of service.

6.5 Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the service.

6.5 Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “KTERINGS” name, or any of the “KTERINGS” trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to KTERINGS. Any misuse of KTERINGS intellectual property may arise in legal claims.

6.6 These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of KTERINGS’s materials and content, the Service, KTERINGS name and/or trademarks, other than as set out in these Terms of Service.

  1. KTERINGS ONLINE MARKETPLACE AGREEMENTS AND PAYMENTS

7.1 Our Service connects you with KTERERS in an easy and fun way. You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a SERVICE for the preparation and delivery of a homemade meal. The terms of the Service Agreement include the terms set forth in this Section, the engagement terms proposed and accepted on the KTERINGS Platform, and any other contractual terms accepted by both KTERERS and their CUSTOMER to the extent such terms do not conflict with the terms in this Agreement, including this Section, and do not expand KTERINGS’s obligations or restrict KTERINGS’s rights under this Agreement. KTERINGS is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between KTERINGS and the KTERERS, nor will it create an employment relationship between the CUSTOMER and the KTERERS.

7.2. You can order for the services of KTERERS listed on the platform. When this is done, a sale transaction has been initiated.

7.3 Sale Transactions may only take place via either of KTERINGS’s third-party payment providers - PayPal or any relevant credit or debit cards, (Visa, Mastercard & American Express).

7.4. Where you use PayPal to make or receive payment for a Sale Transaction, you will need a PayPal account to use the Service

7.5 To safeguard the interests of our users, you are not permitted to make direct arrangements with the customer and the service provider to use a payment method other than the payment methods offered via the Service. Please note that using other means of payments outside the platform for subscription of services in any other way is a breach of these terms of use, and can result in, among other things, suspension or termination of your access to the Service.

7.6 We want our Service to be a positive experience for our users and we ask that you honor the commitments you make to another user in respect of the sale or purchase of goods and services.

7.7 Any agreement for and/or subscription for services is made solely between you and the service provider. The application may include functionality for suggesting more effective selling, such as discounting Sale Items, but Service providers have, at all times, total discretion to set prices.

  1. OUR FEES AND COMMISSIONS

8.1. KTERER Fees: KTERERS agree to pay KTERINGS a commission fee equal to 25% of the total transaction value for each homemade food sale facilitated through the Platform.

8.2. Delivery Fee: Customers may be charged a delivery fee based on the distance between the Kterer's location and the Customer's delivery address:

  • 0 - 10 km: Flat rate of $4.99
  • 10 - 20 km: Flat rate of $6.99
  • 20 - 30 km: Flat rate of $8.99

8.3. Future Fees: KTERINGS reserves the right to introduce additional fees or modify existing fees in the future. Any such changes will be communicated to users through the Platform.

  1. ADVERTISEMENTS ON THE SERVICE

9.1. We and ours selected business partners may provide advertising to you through the Service or by other methods such as email. This advertising may be based on your User Content or other information available through the Service. When delivering advertising we will only use information that identifies you as set out in our Privacy Policy.

  1. CANCELLATION AND REFUNDS

A buyer may cancel their order with a service provider before the driver picks up the order, you are required to do so through the order page. The Customer/buyer shall message KTERINGS and KTERINGS will investigate before making a conclusion to refund the money back to the customer as promptly as possible. Please note that a refund may only be successful by discretion of KTERINGS if the order isn’t delivered or the food quality is poor.

  1. KTERINGS APP’s INTELLECTUAL PROPERTY

Content For purposes of these Terms, “content” is defined as any information, communications, published works, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is owned by KTERINGS APP, our Affiliates or our licensors.

Ownership of Content All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with KTERINGS APP’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to KTERINGS APP or its licensors for violation of intellectual property rights.

Trademarks or service marks of KTERINGS APP include, but are not limited to, KTERINGS APP™ and the KTERINGS APP logo. All custom graphics, icons, logos and service names are registered or common-law trademarks or service marks of KTERINGS APP or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of KTERINGS APP, our Affiliates or our licensors.

Site Use KTERINGS APP grants you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site which is not owned by you for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without the prior written permission of KTERINGS APP, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. KTERINGS APP reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.

No Warranty for Third-Party Infringement Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.

  1. SOFTWARE UPDATES

We may update the Software from time to time, at our sole discretion. The update may be in the form of adding new features, bug fixing and new versions of the Software. In order to provide you with the most current version of the Software, you agree that new updates and versions of the Software may download and install automatically as they are made available by us, in our sole discretion. You agree to receive and permit us to deliver such new updates and versions to you. These updates and new features may include additional terms that will require your consent for the continued use of the Software/Website.

  1. WEB APP USE LICENSE

When you use the Services through the App, then KTERINGS APP grant you a revocable, non-transferable, non-exclusive, limited right to install and use it on wireless phones and devices that are in accordance with the terms and conditions of this license, used and controlled by you and shall not:

  • Decompile, disassemble, reverse-engineer, attempt to know the source code of the App, or decrypt it;
  • make any modification, enhancement, adaptation, improvement, translation or derivative work from the App;
  • go against any applicable laws, regulations, or rules regarding your use of the App;
  • alter, remove, or obscure any of KTERINGS APP’s proprietary notice, and the licensor of the App;
  • make the App available over network or other environs that allow access or use by multiple devices or multiple users at the same time;
  • use the App to create services, or software that is directly or indirectly competitive with or in any way a substitute for the App;
  • use the App to send automated queries or unsolicited commercial emails to any platform; and
  • Make use of any proprietary information of KTERINGS APP in the development, design, manufacture, distribution, or licensing of any application, devices, or accessories for use with the App.
  1. TERMS REGARDING APPLE AND ANDROID DEVICES

The following terms and conditions will apply when you access the App either from the Apple Store or the Google Play Store. You acknowledge that these Terms is between you and KTERINGS APP only and not with Apple Inc. or Google Inc. (both an “App Distributor”), and KTERINGS APP (which is not an App Distributor) is directly responsible for the App and the App Content thereof.

  • Scope of License: The license granted to you for the App is limited to a non-transferable permit to use the App on a device that uses the Apple iOS and/or Android operating system as applicable and in line with the usage rules set forth in the applicable App Distributor terms and conditions agreement.
  • Maintenance and Support: KTERINGS APP is solely responsible for providing any maintenance and support services with respect to the App as specified under these Terms and applicable laws. You hereby agree that no App Distributor is responsible for any support and maintenance services in relation to the App.
  • Warranty: KTERINGS APP is responsible for any service warranties, whether express or implied by law, to the extent not effectively disclaimed. In any event, where the App fails to conform to any applicable warranty, you may alert the relevant App Distributor, and the App Distributor, in accordance with its policies and terms, may refund the purchase price (if any) paid for the App, and to the fullest extent permissible by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, expenses or costs attributable to any failure to obey any warranty will be KTERINGS APP’s sole responsibility.
  • Service Claims: You hereby agree that KTERINGS APP (not an App Distributor) is liable for addressing any of your claims or those of a third party relating to the App or your control and/or use thereof, including but not limited to; (a) service liability claims; (b) any claim that the App fails to obey any applicable or legal requirement; and (iii) claims arising from consumer protection or similar legislation.
  • Intellectual Property Rights: You acknowledge that in the event of any third-party claim that the App or your use thereof infringes a third party’s intellectual property rights, the relevant App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • Legal Compliance: You represent and warrant that (i) you do not reside in a country that is subject to a Canadian government embargo, or that has been designated by the Canadian government as a ‘terrorist supporting’ country; and (ii) you are not on any Canadian government list of prohibited or restricted parties.
  • Third Party Terms and Conditions Agreement: You must comply with the third-party terms and conditions agreement applicable when using the App. For example, if you have a VoIP application, you must not violate their wireless data service agreement when using the App.
  • Third Party Beneficiary: Both you and KTERINGS APP acknowledge that the App Distributors and their subsidiaries are third party beneficiaries of these Terms and that upon your acceptance of the terms and conditions of these Terms, each App Distributor will have the right to enforce these Terms against you as a third-party beneficiary thereof.
  1. TERMINATION

Termination by you. You may terminate these Terms and the license granted to you hereunder at any time by uninstalling and removing the Software from your device, and by ceasing to use the App.

Termination by us. Without prejudice to any other rights we may have, these Terms and the license granted to you hereunder automatically terminate without notice, if you fail to comply with or breach any provision of these Terms. In no event will we be liable for the suspension, removal of or disabling of your access to KTERINGS APP or to any feature available therein. You acknowledge that upon expiration or termination of your license, the license key may automatically de-activate.

  1. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may provide links to external Internet sites. KTERINGS APP hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. KTERINGS APP shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.

  1. YOUR REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant that: (i) you will only use KTERINGS APP as permitted under these Terms; (ii) you agree to comply with all applicable laws, rules and regulations, and industry best practices while using KTERINGS APP; (iii) you will not use KTERINGS APP for any fraudulent or inappropriate purpose; (iv) you shall not prevent others from using KTERINGS APP.

  1. DISCLAIMER OF WARRANTIES

KTERINGS APP IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) KTERINGS APP WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF KTERINGS APP WILL BE UNINTERRUPTED; OR (III) KTERINGS APP IS OR WILL BE AVAILABLE WHERE YOU RESIDE OR IN ANY OTHER PARTICULAR LOCATION. Your primary right or remedy with respect to any problems or dissatisfaction with KTERINGS APP is to uninstall and cease use of all KTERINGS APP products, subject to any other rights or remedies available to you under applicable law. Further and except as expressly provided herein, we are not obligated to maintain or support KTERINGS APP, or to provide you with any updates, fix errors or any other features available therein. You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party) and assume all the responsibility and risk for your use of KTERINGS APP and your breach of any of your representations and warranties herein contained, and for any loss or damage which we may suffer as a result of any such breach.

  1. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR COMPUTER CONFIGURATIONS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF KTERINGS APP OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE KTERINGS APP UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF KTERINGS APP.

  1. INDEMNITY

You agree to defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your access to or use of KTERINGS APP; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.

  1. GOVERNING LAW AND DISPUTES

This Agreement will be governed by, construed and enforced in accordance with the laws of Canada, without regard to its conflicts of law principles or provisions. Canada Courts shall have jurisdiction to adjudicate disputes.

  1. GENERAL

These Terms constitutes the entire understanding between the parties with respect to the matters referred to herein. The Section headings in these Terms are provided for convenience purpose only and have no legal or contractual significance. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. The controlling language of these Terms is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.

  1. Contact Us.

If you have any questions (or comments) concerning these Terms, you are most welcomed to contact us at info@kterings.com, and we will make an effort to reply within a reasonable time-frame.