Terms of Use

1. Contractual Relationship

Thesms of Use ("Terms") govern your access or use, from within Ethiopia and its territories and possessions, of the applications, websites, content, products, and services (the "Services," as more fully defined below in Section 3) made available in Ethiopia and its territories and possessions by Ke’Messob’s owner, Independent News & Media Plc, and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "Ke’Messob"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND KE’MESSOB AND ITS OWNER. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Application 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 Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions 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 Terms and Conditions by your continued use of the Application after the date such revised Terms are posted.

The information provided on the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Arbitration Agreement

By ang to the Terms, you agree that you are required to resolve any claim that you may have against Ke’Messob on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against the company that owns and runs Ke’Messob, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Ke’Messob by someone else.

Agreement to Binding Arbitration Between You and Ke’Messob.

You and Ke’Messob agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Ke’Messob, and not in a court of law. Issues that could potentially evolve to legal oversight will be handled under Ethiopian law.

3. The Services

The Servcomprise mobile applications and related services (each, an "Application"), which enable users to source fresh Injera from nearby potential supplier or someone willing to monetize from their spare Injera under agreement with Ke’Messob. Under the current arrangement the supplier is the one that handles delivery.

Subject to your compliance with these Terms, Ke’Messob grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use while in the process of sourcing Injera.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Ke’Messob; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content that Ke’Messob does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Ke’Messob does not endorse such third party services and content and in no event shall Ke’Messob be responsible or liable for any products or services of such third party providers.

The Services and all rights therein are and shall remain Ke’Messob's property or the property of Ke’Messob's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Ke’Messob's company names, logos, product and service names, trademarks or services marks or those of Ke’Messob's licensors.

4. Access and Use of the Services

User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Ke’Messob certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Ke’Messob. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Considering the dynamic feature we integrated within our Application, you can easily become both buyer/seller of Injera using a single account, therefore, unless otherwise permitted by Ke’Messob in writing, you may only possess one Account.

Ke’Messob’s collection and use of personal information in connection with the Services is described in our Privacy Statements located at https://kemessob.com

User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive deliveries that involve transactional amounts unless your are overseeing the process an manage the transaction yourself. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for the intended purpose- Crowdsourcing fresh Injera. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

Text Messaging and Telephone Calls.
You agree that Ke’Messob may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a Ke’Messob account.

If you do not choose to opt out, Ke’Messob may contact you as outlined in its User Privacy Statement, located at https://kemessob.com

User Provided Content.
Ke’Messob may, in Ke’Messob's sole discretion, permit you to submit, upload, publish or otherwise make available to Ke’Messob through the Services (e.g Pictures of your Injera listings). Any User Content provided by you remains your property. However, by providing User Content to Ke’Messob, you grant Ke’Messob a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Ke’Messob's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Ke’Messob the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Ke’Messob's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Ke’Messob in its sole discretion, whether or not such material may be protected by law. Ke’Messob may, but shall not be obligated to, review, monitor, or remove User Content, at Ke’Messob's sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Ke’Messob does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

5. Disclaimers; Limitation of Liability; Indemnity.

The Services are provided “As Is” and “As Available” The services are provided "as is" and "as available." Ke’Messob disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Ke’Messob makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Ke’Messob does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

Limitation of liability.
We will make sure that the values of the marketplace is shared by all our users and take corrective measures as far as banning who do not comply with the standard of the community. However, Ke’messob shall not be liable for Injera(s) that are not as per the requirement of the person/persons who source it from another user in the markeplace.

7. Other Provisions

Choice of Law.
These Terms are governed by and construed in accordance with the laws of Ethiopia, without giving effect to any conflict of law principles, except as may be otherwise provided in the form of arbitration Ke”messob complies with.

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