This website www.mhamoapp.com (“Website”) is owned and operated by Kerten Unlimited Company (“Kerten”) a company registered under the laws of Ireland (“Ireland”) with an address of 13-18 City Quay, Dublin 2, DO2 ED70, Ireland.
The use of “we” or “us” refers to Kerten. The use of you or your refers to you the party accessing and using this Website.
When you use send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
- our Cookies Policy which sets out information about the cookies on our Website.
You are responsible for maintaining the secrecy of your passwords, log-in, and account information. You will be financially accountable for all uses of the Website by you and/or by anyone using your account information.
3. INTELLECTUAL PROPERTY RIGHTS
The Website contains information, including, without limitation, all text, graphics, photographs, graphs, designs, sounds, data, images, audio, video, page layouts and headers, software (including HTML and other scripts), buttons, and other icons, trademarks and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or licensed by Kerten.
You acknowledge and agree that Kerten and/or its licensors own all Information and Intellectual Property Rights in the Website. Except as expressly stated herein, this agreement does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Website. To the extent that any modifications or improvements to the Website are carried out, all Intellectual Property Rights in such improvement or modifications shall be assigned to and shall vest with and be solely owned by Kerten and/or its licensors. You must not use any part of the Information on our Website for commercial purposes without obtaining a licence to do so from us and/or our licensors.
For the avoidance of doubt, any comments, suggestions, ideas, or feedback you make concerning the Website are not confidential communications, and Kerten shall be free to use, reproduce, publish, distribute, and disclose such communications without restriction. You irrevocably assign to us all right, title and interest in and to such communications and agree to provide us with any assistance we may require to document, amend and maintain our rights therein.
“Intellectual Property” means patents, trade marks, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, copyright (including rights in computer software), secret formulae and processes, other proprietary knowledge and information, internet domain names, rights protecting goodwill and reputation, database rights (including rights of extraction) and all rights and forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all rights under licences and consents in respect of any of the rights and forms of protection mentioned in this definition (and “Intellectual Property Rights” shall be construed accordingly).
4. RESTRICTIONS AND PROHIBITED USES
The Website is made available for personal use and you are not permitted to change, transfer, copy, store, publish, rent, licence, sell, distribute, reproduce, modify or create derivative works in any way of the Website and Information or any part thereof.
The Information may not be transferred, shared with or disseminated with anyone for any purpose that is inconsistent with the purpose of the Website or to facilitate unfair competition with the Website, or for any purpose that is inappropriate or unlawful under Irish law and international law.
Furthermore, except as expressly permitted in these terms, you may not: (i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Information; (ii) circumvent, disable or otherwise interfere with security-related features of the Website; (iii) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Information for any purpose without our express written permission; (iv) collect or harvest any personal data or personally identifiable information from the Website including, without limitation, user names, passwords, email addresses; (v) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same; (vi) decompile, reverse engineer, or disassemble any portion of the Website; (vii) use network-monitoring software to determine architecture of or extract usage data from the Website; (viii) encourage conduct that violates any local, state, federal law or international law, impersonate others, use a false email address, or misrepresent your affiliation with others; or (ix) violate export laws, including, without limitation, engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
You agree to use the Website for lawful purposes only. When using the Website, you agree to comply with all applicable federal, state, and local laws, including, without limitation, copyright law. You agree not to post or transmit any information through the Website or associated websites which (a) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libellous, vulgar, obscene, profane, indecent or otherwise objectionable, (c) is protected by copyright, trademark or other proprietary right without express written permission of the owner of such right, (d) contains unauthorised or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by your use of the Website or Information.
All reasonable efforts have been made to ensure the accuracy of the content and materials displayed on the Website. We regularly review the Website and, where appropriate, will update pages to reflect any changes to the features, functionality and available services of this Website.
The Information is for general information only and nothing in the Website contains professional advice or any binding commitment upon us in relation to the accuracy, reliability or availability of the products and services on offer or provided by us.
We do not guarantee, represent or warrant that your use of the Website will be uninterrupted or error-free. The Website may not be continuously available due to maintenance or repairs or due to computer or mobile device problems or crashes, disruption in Internet service or other unforeseen circumstances. You agree that we are not responsible for any malfunctions, failures or the security of any communications entered by you on the Website. To the full extent permitted by law, we shall not be responsible for injury, loss or damage to your device(s), or interception, use or disclosure of confidential information (such as credit/ debit card information or other personally identifiable information), arising out of your use of the Website or any sites linked or associated with the Website.
We are not responsible or liable for any malicious or unauthorised code or virus and you are solely responsible for ensuring you have appropriate scanning and protective software for the security of your devices and information.
We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons without notice.
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only and/or as a convenience to you. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Kerten does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Kerten is not in any way responsible for any such use by you.
6. INDEMNITY AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KERTEN NOR ANY PARENT, AFFILIATE, SUBSIDIARY, AGENT, OR REPRESENTATIVE SHALL BE LIABLE TO YOU OR ANY OTHER FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY INFORMATION ON THE WEBSITE HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY WHETHER OR NOT KERTEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST KERTEN, ITS PARENT, AFFILIATES, SUBSIDIARIES, AGENTS, OR REPRESENTATIVES ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY INFORMATION.
NOTWITHSTANDING THE ABOVE, AND TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE THAT IN THE EVENT WE ARE HELD LIABLE FOR ANY DAMAGES RELATED TO THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR SERVICES FROM US. WITH RESPECT TO SERVICES PROVIDED BY THIRD PARTIES, WE DISCLAIM ANY AND ALL LIABILITY RELATING TO THEM.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation nor any other liability that cannot be excluded or limited under applicable law.
7. PRIVACY AND CONFIDENTIALITY
The failure or delay by a party to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at time or times thereafter.
If you have any questions or concerns regarding the Website, please contact us at firstname.lastname@example.org. As noted in the Privacy & Confidentiality section above, any communication or material transmitted to us via the Website or e-mail is transmitted on a non-confidential basis.