Term of Use

photo / Matt Bartozzi ©, Angkor Wat, meditating Buddha.

Definition

The "Application" means the software provided by kimshi to offer a listing service of holiday activity or holiday packages, together with any software upgrades and documentation that permit to operate the said service.

Description of the service

kimshi, or The Service or We, is a free service, consisting of a software, or "the application", and a web site, that display holiday activity or packages. Holiday activity, or packages, are advertised by tour companies, or "suppliers", and made available for browsing to kimshi's users. The information displayed by The Service is for general informational purposes only. Information displayed on The Service does not constitute a binding offer. The Service is not an online travel agent, it neither creates, nor sells, or receives compensation from the purchase of holiday activity or packages.

By installing the application, or using The Service, you agree to be bound by all part of these terms of use. Please review them carefully.

Scope of License

We hereby grant to you a non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free, worldwide right to use The Service according to these Terms of Use and provided that you are and will always be in compliance with these Terms of Use. You may (i) only use The Service using its associated website or iOS Appp and for your personal purposes (if you are a consumer) or for your internal business purposes (if you are a business); (ii) only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of The Service; (iii) not permit any third party to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to The Service in whole or in part; (iv) not sub-license, adapt or modify The Service or any associated documentation; (v) not create derivative works based on the whole or any part of The Service

Limitation of liability

To the extend of permitted by law, The Service will not be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of The Service regardless of the form of action.

Intellectual proprietary rights and licence

All trade marks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by kimshi or by kimshi licensors.

Role of The Service

You acknowledge and agree that The service is not an online travel agent. The Service provides a plateform by which suppliers advertise holiday activity or packages, and for users to contact suppliers, customise holiday activity or packages, receive quotes, and estimate costs. The service does not provide methods to conclude commercial transactions, to enforce commercial agreements, and to process payments. If you choose to purchase a holiday activity or package from a supplier, you acknowledge this will be the exclusive responsibility between you, and the supplier.

While The Service does not take part in the closing and payment of transactions, we strongly recommend users to carefully read the suppliers terms and conditions, cancellation policy, and in the event of a doubt, to seek advice from the consummer protection agency of their country of residence, before entering in any form of legally binding agreement with a supplier.

No Warranty

While we work hard to ensure that the information provided by The Service is accurate, there is no warranty, express or implied, in relation to its correctness, completeness, currentness, reliability, or fitness for any purpose. We may update or amend information provided by The Service at any time. Please review the term of use regularly to ensure you are aware of any such change.

Third party content

We do not assume any responsibility for, nor recommend or endorse third party content that may be available through The Service, and for content linked to The Service. Where we link to third party websites, you use such information at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please report it to support@kimshiapp.com

User Accounts

Some of the features of The Service are only accessible to authenticated users; to enjoy those features, you are required to create an account on the Application of The Service. You assume the responsibility for maintaining the confidentiality of your account password, and you are also responsible for all activities that occur in connection with your account.

Your account is for personal, non commercial use. You may not create an account for someone other than yourself, provide an email address other than your own, or create multiple accounts.

User Generated Content

Users who participated to an activity listed on The Service can review it. As long as a review does not infringe the laws of the user's country of residence, is factual, made in good faith, and consists of verifiable elements, then reviews will be published on The Service, and made publicly available to other users. We do not assume any responsibility for, nor endorse, user reviews. Published reviews are made under the sole responsibility of the reviewer.

Direct messages and "cart" button

The Application of The Service allows users to exchange information. Users can enquire about an activity or a package with a supplier, or ask a supplier to customise an activity.

The Application of The Service allows users to enquire about the supplier's prefered method of payment. This is materialised using a button representing a cart icon , in a user-created trip. When pressing this button, and provided a valid quote is was assigned by the supplier to the user, the user will be asked to provide his/her full address, country of residence, a phone number, and a valid email. This information will be sent to the supplier, who will use it for the sole purpose of responding to the user's enquiry. For example, the user's country of residence can be used by the supplier to provide an estimate of currency exchange rates, and the user's identification can be used to provide a one time price discount.

Such enquiries are sent to the supplier's contact email, are identified as such, and are not published as a direct message in the Application of The Service .

Restrictions on Use

Suppliers are explicitely prohibited to use The Service to represent, portrait, or give indications, expressed or implied, that a response to an enquiry, regardless of its origin, is a legally binding agreement between a user and the supplier. Users receiving such indication from a supplier shall report it to info@kimshiapp.com.

Users are in no obligations, under no circumstances, to proceed with the payment of a holiday activity or package, at any point of The Service usage.

Suppliers may not make use of a user's personal information, such as name, phone number, physical address, other than for the response to a user-enquiry about the suppliers' preferred method of payment.

Unless responding to a user enquiry, suppliers may not use The Service to contact users, and to promote, market, or sell holiday activity or packages, including those listed on The Service. Users who are contacted by suppliers, without a valid enquiry from their part, should report it to info@kimshiapp.com

Suppliers may not use the Direct Messages service to ask or entice users into disclosing personal information such as phone numbers, emails or physical address. Users should report such behaviour to info@kimshiapp.com.

Using The Service to transmit personal information such as credit card numbers, bank account details, information related to electronic payment methods or services specialising in the transfer of money from one location to another location, is prohibited.

Users and Suppliers may not use The Service for other purpose than the planning of holiday or recreational activity listed on The Service.

The Service reserves the right to inspect direct messages, and to delete content it deems in violation of the terms of use.

Account termination

We reserve the right to terminate an account, at any time, without notice, and for any purposes.

You may terminate your account at any time. If you terminate your account, we may continue to display your publicly available content, such as reviews, or content that you shared with a third-party, such as direct messages. Login names are unique throughout The Service, therefore, to prevent account impersonation after you terminate your account, your login will not be made available to new users of The Service . Unless prescribed by law, personal data, such as information originating or derived form social network enabled logging, and physical address, will be deleted permanently.

We may keep your email in our database, for the sole purpose of preventing multiple account registration. If you wish to appeal, please contact us at info@kimshiapp.com.

Third Party Beneficiary

If you are a user of Kimshi iPhone App, you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the terms of use, and that, upon your acceptance of the terms and conditions of the terms of use, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms of use against you as a third party beneficiary thereof.

Disclaimer of warranties

To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, kimshi hereby disclaims all implied warranties with regard to the Application. The Application and software are provided "as is" and "as available" without warranty of any kind.