Terms & Conditions

SEKIEATS CONTACT DETAILS
+685 29253
+685 21956
+685 7507412
+685 7773445
support@sekieats.com
support@samoamarket.com

Or contact us on our Sekieats Facebook Page, or using the In-App Live Support option

Our Opening Hours are Mon to Fri 8am to 9pm and Sat 8am to 8pm
We are CLOSED on Sundays and Public Holidays

END USER LICENSE AGREEMENT

Last updated April 10, 2024

Sekieats is licensed to You (End-User) by Sekieats, located at Unit 1, RMJ Keil

Building, Vaitele Street, Apia, Apia 0000, Samoa (hereinafter: Licensor), for use only

under the terms of this License Agreement.

By downloading the Application from the Apple AppStore, and any update thereto

(as permitted by this License Agreement), You indicate that You agree to be bound

by all of the terms and conditions of this License Agreement, and that You accept

this License Agreement.

The parties of this License Agreement acknowledge that Apple is not a Party to this

License Agreement and is not bound by any provisions or obligations with regard to

the Application, such as warranty, liability, maintenance and support thereof.

Sekieats, not Apple, is solely responsible for the licensed Application and the

content thereof.

This License Agreement may not provide for usage rules for the Application that are

in conflict with the latest App Store Terms of Service. Sekieats acknowledges that it

had the opportunity to review said terms and this License Agreement is not

conflicting with them.

All rights not expressly granted to You are reserved.

1. THE APPLICATION

Sekieats (hereinafter: Application) is a piece of software created to facilitate the

delivery of Food and other products - and customized for Apple mobile devices. It is

used to order Food and other products for delivery.

The Application is not tailored to comply with industry-specific regulations (Health

Insurance Portability and Accountability Act (HIPAA), Federal Information Security

Management Act (FISMA), etc.), so if your interactions would be subjected to such

laws, you may not use this Application. You may not use the Application in a way

that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to

install and use the Licensed Application on any Apple-branded Products that You

(End-User) own or control and as permitted by the Usage Rules set forth in this

section and the App Store Terms of Service, with the exception that such licensed

Application may be accessed and used by other accounts associated with You (End-

User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Application provided by

Licensor that replace, repair, and/or supplement the first Application, unless a

separate license is provided for such update in which case the terms of that new

license will govern.

2.3 You may not share or make the Application available to third parties (unless to

the degree allowed by the Apple Terms and Conditions, and with Sekieats's prior

written consent), sell, rent, lend, lease or otherwise redistribute the Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile,

integrate, remove, modify, combine, create derivative works or updates of, adapt, or

attempt to derive the source code of the Application, or any part thereof (except with

Sekieats's prior written consent).

2.5 You may not copy (excluding when expressly authorized by this license and the

Usage Rules) or alter the Application or portions thereof. You may create and store

copies only on devices that You own or control for backup keeping under the terms

of this license, the App Store Terms of Service, and any other terms and conditions

that apply to the device or software used. You may not remove any intellectual

property notices. You acknowledge that no unauthorized third parties may gain

access to these copies at any time.

2.6 Violations of the obligations mentioned above, as well as the attempt of such

infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When

using the Application, You must ensure that You comply with applicable third-party

terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 Licensor attempts to keep the Application updated so that it complies with

modified/new versions of the firmware and new hardware. You are not granted rights

to claim such an update.

3.2 You acknowledge that it is Your responsibility to confirm and determine that the

app end-user device on which You intend to use the Application satisfies the

technical specifications mentioned above.

3.3 Licensor reserves the right to modify the technical specifications as it sees

appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support

services for this licensed Application. You can reach the Licensor at the email

address listed in the App Store Overview for this licensed Application.

4.2 Sekieats and the End-User acknowledge that Apple has no obligation

whatsoever to furnish any maintenance and support services with respect to the

licensed Application.

5. USER GENERATED CONTRIBUTIONS

The Application does not offer users to submit or post content. We may provide you

with the opportunity to create, submit, post, display, transmit, perform, publish,

distribute, or broadcast content and materials to us or in the Application, including

but not limited to text, writings, video, audio, photographs, graphics, comments,

suggestions, or personal information or other material (collectively, "Contributions").

Contributions may be viewable by other users of the Application and through thirdparty

websites or applications. As such, any Contributions you transmit may be

treated in accordance with the Application Privacy Policy. When you create or make

available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the

accessing, downloading, or copying of your Contributions do not and will not

infringe the proprietary rights, including but not limited to the copyright, patent,

trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights,

consents, releases, and permissions to use and to authorize us, the Application,

and other users of the Application to use your Contributions in any manner

contemplated by the Application and these Terms of Use.

3. You have the written consent, release, and/or permission of each and every

identifiable individual person in your Contributions to use the name or likeness or

each and every such identifiable individual person to enable inclusion and use of

your Contributions in any manner contemplated by the Application and these

Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional

materials, pyramid schemes, chain letters, spam, mass mailings, or other forms

of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,

libelous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse

anyone.

8. Your Contributions are not used to harass or threaten (in the legal sense of

those terms) any other person and to promote violence against a specific person

or class of people.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third

party.

11. Your Contributions do not contain any material that solicits personal

information from anyone under the age of 18 or exploits people under the age of

18 in a sexual or violent manner.

12. Your Contributions do not violate any applicable law concerning child

pornography, or otherwise intended to protect the health or well-being of minors.

13. Your Contributions do not include any offensive comments that are connected

to race, national origin, gender, sexual preference, or physical handicap.

14. Your Contributions do not otherwise violate, or link to material that violates,

any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Application in violation of the foregoing violates these Terms of Use

and may result in, among other things, termination or suspension of your rights to

use the Application.

6. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and

personal data that you provide following the terms of the Privacy Policy and your

choices (including settings).

By submitting suggestions of other feedback regarding the Application, you agree

that we can use and share such feedback for any purpose without compensation to

you.

We do not assert any ownership over your Contributions. You retain full ownership of

all of your Contributions and any intellectual property rights or other proprietary

rights associated with your Contributions. We are not liable for any statements or

representations in your Contributions provided by you in any area in the Application.

You are solely responsible for your Contributions to the Application and you

expressly agree to exonerate us from any and all responsibility and to refrain from

any legal action against us regarding your Contributions.

7. LIABILITY

7.1 Licensor's responsibility in the case of violation of obligations and tort shall be

limited to intent and gross negligence. Only in case of a breach of essential

contractual duties (cardinal obligations), Licensor shall also be liable in case of slight

negligence. In any case, liability shall be limited to the foreseeable, contractually

typical damages. The limitation mentioned above does not apply to injuries to life,

limb, or health.

7.2 Licensor takes no accountability or responsibility for any damages caused due

to a breach of duties according to Section 2 of this Agreement. To avoid data loss,

You are required to make use of backup functions of the Application to the extent

allowed by applicable third-party terms and conditions of use. You are aware that in

case of alterations or manipulations of the Application, You will not have access to

licensed Application.

8. WARRANTY

8.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses,

or any other malware at the time of Your download. Licensor warrants that the

Application works as described in the user documentation.

8.2 No warranty is provided for the Application that is not executable on the device,

that has been unauthorizedly modified, handled inappropriately or culpably,

combined or installed with inappropriate hardware or software, used with

inappropriate accessories, regardless if by Yourself or by third parties, or if there are

any other reasons outside of Sekieats's sphere of influence that affect the

executability of the Application.

8.3 You are required to inspect the Application immediately after installing it and

notify Sekieats about issues discovered without delay by e-mail provided in Product

Claims. The defect report will be taken into consideration and further investigated if it

has been mailed within a period of thirty (30) days after discovery.

8.4 If we confirm that the Application is defective, Sekieats reserves a choice to

remedy the situation either by means of solving the defect or substitute delivery.

8.5 In the event of any failure of the Application to conform to any applicable

warranty, You may notify the App-Store-Operator, and Your Application purchase

price will be refunded to You. To the maximum extent permitted by applicable law,

the App-Store-Operator will have no other warranty obligation whatsoever with

respect to the App, and any other losses, claims, damages, liabilities, expenses and

costs attributable to any negligence to adhere to any warranty.

8.6 If the user is an entrepreneur, any claim based on faults expires after a statutory

period of limitation amounting to twelve (12) months after the Application was made

available to the user. The statutory periods of limitation given by law apply for users

who are consumers.

9. PRODUCT CLAIMS

Sekieats and the End-User acknowledge that Sekieats, and not Apple, is

responsible for addressing any claims of the End-User or any third party relating to

the licensed Application or the End-User’s possession and/or use of that licensed

Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable legal

or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation,

including in connection with Your Licensed Application’s use of the HealthKit and

HomeKit.

10. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a

U.S. Government embargo, or that has been designated by the U.S. Government as

a "terrorist supporting" country; and that You are not listed on any U.S. Government

list of prohibited or restricted parties.

11. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed

Application, please contact:

Sekieats

Unit 1, RMJ Keil Building

Vaitele Street

Apia, Apia 0000

Samoa

support@sekieats.com

12. TERMINATION

The license is valid until terminated by Sekieats or by You. Your rights under this

license will terminate automatically and without notice from Sekieats if You fail to

adhere to any term(s) of this license. Upon License termination, You shall stop all

use of the Application, and destroy all copies, full or partial, of the Application.

13. THIRD-PARTY TERMS OF AGREEMENTS AND

BENEFICIARY

Sekieats represents and warrants that Sekieats will comply with applicable thirdparty

terms of agreement when using licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's

End-User License Agreement," Apple and Apple's subsidiaries shall be third-party

beneficiaries of this End User License Agreement and - upon Your acceptance of the

terms and conditions of this license agreement, Apple will have the right (and will be

deemed to have accepted the right) to enforce this End User License Agreement

against You as a third-party beneficiary thereof.

14. INTELLECTUAL PROPERTY RIGHTS

Sekieats and the End-User acknowledge that, in the event of any third-party claim

that the licensed Application or the End-User's possession and use of that licensed

Application infringes on the third party's intellectual property rights, Sekieats, and not

Apple, will be solely responsible for the investigation, defense, settlement and

discharge or any such intellectual property infringement claims.

15. APPLICABLE LAW

This license agreement is governed by the laws of Samoa excluding its conflicts of

law rules.

16. MISCELLANEOUS

16.1 If any of the terms of this agreement should be or become invalid, the validity

of the remaining provisions shall not be affected. Invalid terms will be replaced by

valid ones formulated in a way that will achieve the primary purpose.

16.2 Collateral agreements, changes and amendments are only valid if laid down in

writing. The preceding clause can only be waived in writing.