KRIB hereby grants you access to www.ourkrib.com ("the website/app") and invites you to purchase the services offered here.
This End User License Agreement (the "Agreement") is a binding agreement between you ("End User", "you" or "your") and KRIB LLC ("Company", "we", "us" or "our"). This Agreement governs the relationship between you and us, and your use of the Company KRIB.
By downloading, installing, accessing, or using the website/app you: (a) affirm that you have all of the necessary permissions and authorisations to access and use the website/app; (b) acknowledge that you have read and that you understand this agreement; (c) represent that you are of sound mind to enter into a binding agreement; and (d) accept and agree to be legally bound by the terms and conditions of this agreement.
If you do not agree to these terms, do not download, install, access, or use the software. The Application is licensed, not sold, to you by KRIB for use strictly in accordance with the terms of this Agreement.
Subject to the terms of this Agreement, KRIB grants you a limited, non-exclusive, perpetual, revocable, and non-transferable license to:
You agree not to, and you will not permit others to:
All intellectual property rights that are part of the Software that are otherwise owned by KRIB shall always remain the exclusive property of KRIB (or of its suppliers or licensors, if and when applicable). Nothing in this Agreement grants you (or any Organisation) a license to KRIB's Intellectual Property Rights.
You agree that this Agreement conveys a limited license to use KRIB's Intellectual Property Rights, solely as part of the Software (and not independently of it), and only for the effective Term of the license granted to you hereunder.
You (or the Organisation, if and as applicable) shall retain ownership of all Intellectual Property Rights in and to the work products that you create through or with the assistance of the Software.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to KRIB with respect to the Application shall remain the sole and exclusive property of KRIB. KRIB shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
KRIB reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
KRIB may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). You agree that KRIB has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you. You further agree that all Updates will be subject to the terms and conditions of this Agreement.
This Agreement shall remain in effect until terminated by you or KRIB. KRIB may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from KRIB, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your computer. Termination of this Agreement will not limit any of KRIB's rights or remedies at law or in equity in case of breach by you.
You agree to indemnify, defend and hold harmless KRIB and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to: i) your use or misuse of the Software; ii) your failure to comply with any applicable law, regulation, or government directive; iii) your breach of this Agreement; or iv) your agreement or relationship with any third party.
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, KRIB expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Without limiting the foregoing, neither KRIB nor any KRIB's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of KRIB are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
Notwithstanding any damages that you might incur, the entire liability of KRIB and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall KRIB or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy), even if KRIB or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power.
KRIB reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms.
The laws of New Zealand, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
The Company is based in New Zealand and provided for access and use primarily by persons located in New Zealand, and maintains compliance with New Zealand laws and regulations. If you use the website/app from outside New Zealand, you are solely and exclusively responsible for compliance with local laws.
Any cause of action or claim you may have arising out of or relating to this agreement or the website/app must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
The Agreement constitutes the entire agreement between you and KRIB regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and KRIB. You may be subject to additional terms and conditions that apply when you use or purchase other KRIB's services, which KRIB will provide to you at the time of such use or purchase.
Don't hesitate to contact us if you have any questions about this Agreement.
hello@ourkrib.com