Terms of Use

Welcome to Mikkle! By using our app, you agree to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Mikkle's relationship with you in relation to this application.

**General**

Mikkle provides you with access to this application and the services available on it. Access to and use of the Services is governed by these Terms and Conditions (the “Agreement”). By accessing or using the Services, you indicate your assent to be bound by the Agreement, and your acknowledgment of and agreement to its terms.

**Services**

The Services include Mikkle, which enables you to locate the latest online promotions available from leading merchants, service providers, restaurants, and hotels. We provide you with the latest available promotions which enable you to receive discounts on purchases at various outlets we feature.

The Services act as a system to introduce you to sellers of goods or services online. Mikkle uses reasonable efforts to ensure the availability of the information and content it makes available through the Services. However, merchants have the ability to change or terminate their promotional offers at any time, including ‘ongoing’ and the validity date. Since the Services are composed of content not offered by Mikkle, we do not control (i) the terms of the promotional offer made by the merchant; (ii) the availability or technical capabilities of the merchant websites or links to their websites; (iii) the quality, safety, or legality of items available through or on merchant websites, stores, or sites of third parties not in privity of contract with Mikkle; (iv) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Services); or (v) we are not liable or responsible for content supplied by third parties, or for actions you might take in reliance on that content.

**Only Personal Use is Authorized**

Under this Agreement, Mikkle gives you permission to access and use the Services for your personal use, and to copy, distribute, and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. This restriction means, among other things, that you may not mirror on your own website any portion of the Services or display through your own website any results pages or other information from the Services without Mikkle’s permission.

**Disclaimer of Warranties**

The services are provided “as is” without warranty of any kind. Mikkle disclaims any warranties, express or implied, including any warranties of title, non-infringement, merchantability, or fitness for a particular purpose.

**Limitation of Liability**

Neither Mikkle nor any of its officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers, or service providers will be liable to you for any indirect, incidental, special, or consequential damages arising out of the use of the Services, or inability to gain access to or use the Services. Mikkle will not be liable for any material on websites it links to as part of the Services or for information contained in or part of the Services, including but not limited to search results.

**Privacy and Data Collection**

Mikkle does not collect personally identifying information from users of the Services unless users have explicitly given such information to Mikkle (for example, when subscribing to a newsletter or when sending us an email with a question or as part of a contest). Mikkle’s information practices are further described in its privacy policy. Mikkle’s privacy policy is part of this Agreement, and you agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights.

**Control over Features, Functions, and Access to the Services**

Mikkle reserves the right to change any information, features, and functions of the Services without prior notice. Mikkle may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that Mikkle determines, in its sole discretion, violate this Agreement, the rights of Mikkle or any third party, or is otherwise inappropriate.

**Choice of Law, Waiver, and Claims**

This Agreement shall be governed by the laws of Jamaica without regard to its conflict of law provisions. Mikkle’s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

**Arbitration**

Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with Jamaican laws. Any such controversy or claim must be arbitrated on an individual basis and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Kingston, Jamaica, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Mikkle may seek any interim or preliminary relief from a court of competent jurisdiction in Kingston as necessary to protect the rights or property of you or Mikkle.

**Amendment**

Mikkle may amend this Agreement at any time by posting the amended terms on its app or website. This Agreement may not be otherwise amended except in a written document signed by you and Mikkle. This agreement was last revised on August 1, 2024.