Terms & Conditions
Knatree Terms and Conditions Information
Knatree Terms and Conditions Information
The following terms and conditions apply to all the users and customer (hereinafter referred to as “you”) with KNATREE hereinafter referred to as “www.knatree.com, “Application”, "us" or “we”, at the www.knatree.com or “Knatree” mobile Application.
KNATREE (we, our and us) operates the Application and www.knatree.com website. KNATREE is based in United States. Our registered address is 10421 S Jordan Gtwy Are 600, South Jordan UT 84095 United States. Our email address is admin@knatree.com.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. You understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or services, or other intangible loss, resulting from: (i) the services (ii) the results of the services (iii) the use or the inability to use the services; (iv) any changes which we may make to the services, or any permanent or temporary termination of the services; (v) or any other matter relating to the services.
You can purchase services by visiting the purchase page of application, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. We may, from time to time, modify, amend, or supplement its fee and billing methods, and post those changes in this Agreement or elsewhere on the Site
If we provide you with account information such as a user name, identification number, account code, and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorized access to your account due to any disclosure of your account information to any third party. We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms and Conditions or any other document referred to in them, including, without limitation, where we suspect that there has been unauthorized access to your account or any unauthorized disclosure of your login information. If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at admin@knatree.com.
All trademarks, service marks, trade names, logos, copyright, and other intellectual property rights in our application or website and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the application or website and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us. The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our Application (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us.
We make no representations and provide no warranties that: The Application will be made available at any specific time or from any specific geographical location; your access to the Application will be continuous or uninterrupted; or The Application will be accessible or optimized on all browsers, computers, tablets, phones, or viewing platforms. We reserve the right to suspend access to all or part of the Application for any reason, including for business or operational reasons, such as improving the appearance or functionality of the Application, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the Application for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.
Our Application is made available to you in order to provide you with general information about us, our community, and any services that we offer from time to time. We do not make our Application available for any other purposes, except as expressly provided in these Terms and Conditions. We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our Application from time to time are accurate, up to date or complete.
In addition to these Terms and Conditions, your use of our Application is also governed by the following document: Our privacy policy is available at www.knatree.com and Knatree Application. Our privacy policy governs our use of your information. It sets out the types of information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your information and your rights in relation to your information.
We reserve the right to update these Terms and Conditions and our privacy policy and any other documentation referred to in any of these documents from time to time. We may change our Terms and Conditions and other documentation for any reason, including:
• To reflect any changes in the way we carry out our business;
• To account for any changes we make to our Application, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the Application;
• To accurately describe our current data-processing activities so that you are kept up to date with our latest practices;
• To ensure, that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance. If required by law, we will provide you with notice of any changes in these Terms and Conditions or the other documentation referred to in them by posting a notice on the Application and/or by posting an updated version of these Terms and Conditions or other such documentation on our Application with a new effective date stated at the beginning of them.
You must not reproduce duplicate, copy or resell any part of our Application or any content from our Application, save and except to the extent expressly permitted in these Terms and Conditions. You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our Application or any part of it, our systems, any of our hardware or equipment or any networks on which our Application is hosted, any software that we use to create or modify the Application or to make the Application available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party. You must use our Application for lawful purposes only and in accordance with these Terms and Conditions. You must not use our Application: For any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international; For any fraudulent purposes whatsoever; To conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us; To upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the Application, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content; You will not partake in any behaviour that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. To communicate with, harm or attempt to harm in any way; or In any way or for any purpose that breaches these Terms and Conditions or the terms of any of the documents these Terms and Conditions refer to. You must not submit any information about you to us if you are under the age of 16, or about any other person who is either: under the age of 16; or If they are aged 16 or above, where you have not received their prior written consent to submit information about them to us. You must not submit to us any information which is considered ‘sensitive personal information’. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.
The content on our Application is provided for your personal, private, and non-commercial use only. You may share the content from our Application for lawful personal, private, and non-commercial purposes, and you may also make others within your organization aware of the content on our Application. You may not otherwise extract, reproduce or distribute the content of our Application without our prior written consent. Whenever you pass on any content or materials from our Application to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.
We do not guarantee that our Application does not contain viruses or other malicious software. However, we do make reasonable efforts to prevent such viruses or bugs from being uploaded to our Application. We shall not be responsible for any bugs or viruses on our Application, or any software that might be transferred to your computer from our Application, or any consequences which the presence or operation of such programs may have.
We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law. OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION CONTENT AND SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, FOR SERVICES PURCHASED VIA THE APPLICATION. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM a) YOUR USE OF OUR APPLICATION; b) ANY CORRUPTION OR LOSS OF DATA; c) ANY INABILITY TO ACCESS OUR APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR APPLICATION (FOR ANY REASON WHATSOEVER); d) ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR APPLICATION, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL; e) ANY LOSS OF SAVINGS; f) ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING. WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US. YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY APPLICATION, SERVICE, PROPERTY, OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY APPLICATION, PROPERTY, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US. To the extent that any of the provisions of this clause are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
You and also any third party for or on behalf of whom you operate an account or activity on the Application, agree to defend, indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following:
• Your uploads, access to or use of the Application;
• Your breach or alleged breach of these Terms and Conditions;
• Your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right;
• Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
• Any misrepresentation made by you. You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.
THE APPLICATION IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
• THE SERVICE;
• THE APPLICATION CONTENT;
• USER CONTENT; OR
• SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE APPLICATION. IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE APPLICATION IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS AND CONDITIONS. BY ACCESSING OR USING THE APPLICATION YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Links to third party content or Applications may appear on our Application from time to time. We are not responsible for the content of any Applications accessible via any link(s) on our Application. All content on third party Applications is outside of our control, and we do not represent or warrant that such content is related to us or our Application, suitable or appropriate for use or viewing, lawful or accurate. You should check the privacy policy of any such third party to establish how they may use your information before you decide to use their Application and its features.
Our Application and any services available on or via the Application are not intended for use by individuals under the age of 16. IF YOU ARE UNDER THE AGE OF 16, YOU MUST NOT USE OUR APPLICATION, PURCHASE, OR ATTEMPT TO PURCHASE ANY OF OUR SERVICES OR SUBMIT ANY INFORMATION ABOUT YOU OR ANYONE ELSE TO US. We do not knowingly or intentionally process information about any individual under the age of 16.
These Terms and Conditions, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with the laws of the United States.
If an arbitrator or court decides that any provision of this Agreement is deemed to be void, invalid, or unenforceable, that provision shall be severed from the remainder of this Agreement so as not to cause the invalidity or unenforceability of the remainder of this Agreement. All remaining provisions of this Agreement shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law.
We do not appoint you or any other user as our employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of us and we will not make commitments on your behalf, except as contemplated by the Services or expressly stated in the Agreement.
The copyright in these Terms and Conditions is either owned by or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our Application, including any content on our Application, are reserved.
If you have any questions regarding these terms and conditions of this Application, please contact us by any of the following means; Web: www.knatree.com Email: admin@knatree.com Address: 10421 S Jordan Gtwy Are 600, South Jordan UT 84095, United States.
HOW WE USE YOUR INFORMATION:
We may use your personal data for the following purposes:
• To create and manage your personal account at www.knatree.com
• To display the images in the login page.
• To Improve quality and training purpose.
• To process your orders and returns via our online services.
• To send message notifications of delivery status.
• To contact you in the event of any problems with the delivery of your items.
• To answer your queries and to inform you of new or changed services.
• To send marketing offers such as newsletters.
• To make analyses in order to provide you with relevant marketing offers and information.
• To test and improve our systems by which the services are provided.
• To prevent misuse or improper use of our services.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
We do not access log data from our application server collect and store server logs to ensure network and IT security and so that the server and application remain uncompromised. This includes analysing log files to help identify and prevent unauthorised access to our network, the distribution of malicious code, denial of services attacks and other cyber-attacks, by detecting unusual or suspicious activity. Unless we are investigating suspicious or potential criminal activity, we do not make, nor do we allow our hosting provider to make, any attempt to identify you from the information collected via server logs.
We use the information collected by our application server logs to analyse how our users interact with our application and its features. For example, we analyse the number of visits and unique visitors we receive, the time and date of the visit, the location of the visit and the operating system and browser used.
This section sets out the circumstances in which we will disclose information about you to third parties and any additional purposes for which we use your information.
We use third parties to provide us with services which are necessary to run our business or to assist us with running our business. Your information will be shared with the service providers where necessary to provide you with the service you have requested, whether that is accessing our Application, or ordering services from us.
We disclose your information to other third parties in specific circumstances, as set out below. Providing information to third parties such as Google Inc. and Unity Analytics: Google collects information through our use of Google Analytics on our Application. Google uses this information, including IP addresses and information from cookies, for a number of purposes, such as improving its Google Analytics service. Information is shared with Google on an aggregated and anonymised basis. The other data collected includes hardware specs, usage data, in-app purchase behaviour, and custom event data (if applicable)."
We disclose your profiles and listing page which include your basic information, such as ID/name, profile photo, car location, description, availability, and other related information to analyse and evaluate your reliability and responsiveness, and reviews/feedback.
Sharing your information with third parties, which are either related to or associated with the running of our business, where it is necessary for us to do so. These third parties include our accountants, advisors, affiliates, business partners, independent contractors. Further information on each of these third parties is set out below.
• Accountants.
• Advisors.
• Affiliates.
• Business partners.
• Independent contractors.
• Service Providers.
• Hosts.
• Guests.
If we suspect that criminal or potential criminal conduct has been occurred, we will in certain circumstances need to contact an appropriate authority, such as the police. This could be the case, for instance, if we suspect that we fraud or a cybercrime has been committed or if we receive threats or malicious communications towards us or third parties. We may need to use your information if we are involved in a dispute with you or a third party for example, either to resolve the dispute or as part of any mediation, arbitration or court resolution or similar process. We will use and process your information in order to comply with legal obligations to which we are subject.
This section sets out how long we retain your information. We have set out specific retention periods where possible. Where that has not been possible, we have set out the criteria we use to determine the retention period.
Server log information: we retain information on our server logs for one year. Order information: when you place an order for services, we retain that information for six years following the end of the financial year in which you place your order, in accordance with our legal obligation to keep records for tax purposes.
In any other circumstances, we will retain your information for no longer than necessary, taking into account the following:
• The purpose and use of your information both now and in the future such as whether it is necessary to continue to store that information in order to continue to perform our obligations under a contract with you or to contact you in the future;
• Whether we have any legal obligation to continue to process your information;
• Whether we have any legal basis to continue to process your information;
• How valuable your information is;
• Any relevant agreed industry practices on how long information should be retained;
• The levels of risk, cost and liability involved with us continuing to hold the information;
• How hard it is to ensure that the information can be kept up to date and accurate; and
• Any relevant surrounding circumstances.
We take appropriate technical and organizational measures to secure your information and to protect it against unauthorized or unlawful use and accidental loss or destruction, including: Only sharing and providing access to your information to the minimum extent necessary, subject to confidentiality restrictions where appropriate, and on an anonymised basis wherever possible.
Verifying the identity of any individual who requests access to information prior to granting them access to information.
Transmission of information over the internet is not entirely secure, and if you submit any information to us over the internet, you do so entirely at your own risk. We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damage suffered by you as a result of your decision to transmit information to us by such means.
Subject to certain limitations on certain rights, you have the following rights in relation to your information, which you can exercise by sending an email to admin@knatree.com:
• To request access to your information and information related to our use and processing of your information;
• To request the correction or deletion of your information;
• To request that we restrict our use of your information;
• To receive information which you have provided to us in a structured, commonly used and machine-readable format (e.g. a CSV file) and the right to have that information transferred to another data controller;
• To object to the processing of your information for certain purposes; and
• To withdraw your consent to our use of your information at any time where we rely on your consent to use or process that information. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the point in time when you withdraw your consent.
• The right not to be subject to a decision based solely on automated processing, including profiling which produces legal affects concerning you or similarly significantly affects you.
Where you request access to your information, we are required by law to use all reasonable measures to verify your identity before doing so. These measures are designed to protect your information and to reduce the risk of identity fraud, identity theft or general unauthorized access to your information.
Where we possess appropriate information about you on file, we will attempt to verify your identity using that information. If it is not possible to identity you from such information, or if we have insufficient information about you, we may require original or certified copies of certain documentation in order to be able to verify your identity before we are able to provide you with access to your information. We will be able to confirm the precise information we require to verify your identity in your specific circumstances if and when you make such a request.
You have the following rights in relation to your information, which you may exercise in the same way as you may exercise by sending an email to admin@knatree.com:
• To object to us using or processing your information where we use or process it in order to carry out a task in the public interest or for our legitimate interests, including ‘profiling’ based on any of these purposes; and
• To object to us using or processing your information for direct marketing purposes.
You may also exercise your right to object to us using or processing your information for direct marketing purposes by:
• Clicking the unsubscribe link contained at the bottom of any marketing email we send to you and following the instructions which appear in your browser following your clicking on that link;
• Sending an email to admin@knatree.com, asking that we stop sending you marketing communications.
We update and amend our Privacy Policy from time to time. Where we make minor changes to our Privacy Policy, we will update our Privacy Policy with a new effective date stated at the beginning of it. Our processing of your information will be governed by the practices set out in that new version of the Privacy Policy from its effective date onwards. We will provide you with the information about the change in question and the purpose and any other relevant information before we use your information for that new purpose. Wherever required, we will obtain your prior consent before using your information for a purpose that is different from the purposes for which we originally collected it.
We do not knowingly contact or collect information from persons under the age of 16. The Application is not intended to solicit information of any kind from persons under the age of 16. It is possible that we could receive information pertaining to persons under the age of 16 by the fraud or deception of a third party. If we are notified of this, as soon as we verify the information, we will, where required by law to do so, immediately obtain the appropriate parental consent to use that information or, if we are unable to obtain such parental consent, we will delete the information from our servers. If you would like to notify us of our receipt of information about persons under the age of 16, please do so by sending an email to admin@knatree.com.
The copyright in this Privacy Policy is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. All intellectual property rights in this document are reserved.
If you have any questions regarding these terms and conditions of this Application, please contact us by any of the following means;
Email:admin@knatree.com Web:www.knatree.com
Address: 10421 S Jordan Gtwy Are 600, South Jordan UT 84095, United States.
