Kingsmoon Terms & Conditions

 

1.   General Provisions

 

1.1  The Terms and Conditions listed below govern the access and use of our website (hereinafter called “the Website”) and mobile phone application (“the Application”) that enables you to Save and invest mobile money (“the Service”

1.2   The English language version of these Terms and Conditions is the applicable version for all languages. Any other language version we may provide is for guidance purposes only. Any dispute or claim arising out of or in connection with present Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims) will be considered in relation to the English version only.

1.3  In the present Terms and Conditions, the terms “we”, “us”, “our”, "Kingsmoon" refer to Kingsmoon Limited and “you”, “your” refer to any person who accesses and/or uses the Service.

1.4  It is important that you understand that access and use of the Service is conditional on your acceptance of present Terms and Conditions.

 

2.   Definitions

In the present Terms and Conditions the below terms shall have the following meaning(s):

2.1  “Application” means Kingsmoon mobile phone application operated by Kingsmoon to provide private investment services and the related information. Kingsmoon is a product of Kingsmoon LTD

2.2  “Compliance Officer” means one or more members of staff at Kingsmoon who is responsible for compliance with Investment regulations, anti-money laundering legislation and other applicable laws;

2.3  “Fees” means the charges and fees we charge to you for the Service, as applicable, in accordance with the price list published on the Application, or the prices or rates that we communicate to you before we issue a Confirmation, or as provided in these Terms and Conditions;

2.4  “Malicious Code” means computer viruses, Trojans, software locks, drop-dead devices, malicious logic or trap door, worms, time bombs, corrupted files or other computer programme routines that are intended to delete, disable, deactivate, damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;

2.5  “Prohibited purpose” means any unlawful purpose (whether such illegality arises in the country from which the funds are saved.

2.6  “Reference number” means the unique transaction number, which will be issued to you for every transaction

2.7  “Transaction” means every investment that you initiate using the Service and/or every other use that you make of the Service,

2.8  “Website” means the website kingsmoon.ke operated by Kingsmoon Limited to provide investment related information.

 

3. Account Opening and KYC Documentation

 

3.1  By accessing and utilizing the services provided on the Kingsmoon Limited website (www.kingsmoon.ke) and its mobile applications, clients acknowledge and agree that Kingsmoon provides private investment services and that as part of account opening process, they may be required to submit Know Your Customer (KYC) documents.

3.2  Kingsmoon Limited reserves the right to request and verify these documents to ensure compliance with regulatory requirements and to maintain the integrity of the investment platform. Clients understand that failure to provide accurate and complete KYC documentation may result in the rejection of their account opening request.

 

4. Investment Plans and Diversification

 

4.1  Kingsmoon Limited offers three distinct investment plans, the:

4.1.1      Premium Plan – 3% monthly profit (6 months investment)

4.1.2      Mfalme Plan – 5% monthly profit (12 months investment)

4.2  Clients have the flexibility to choose where to allocate their funds among these plans, based on their investment goals and available funds.

4.3  It is emphasized that clients are not restricted to investing in only one plan; they have the liberty to diversify their investments across multiple plans simultaneously.

4.4  The client acknowledges that each plan comes with its own potential returns and period of investment, and by opting for diversification, they can optimize their investment portfolio according to their individual financial objectives.

5.   Investment Plan Specifics

 

5.1  Premium Plan

5.1.1      Maturity Period: 6 months

5.1.2      Investment Range: 10,000 Kenyan Shillings to 100,000 Kenyan Shillings

5.1.3      Interest Rate: 3% per month

5.1.4      Terms: Investors must commit to a 6-month investment period with a monthly interest rate of 3%. The investment amount should fall within the range of 10,000 to 100,000 Kenyan Shillings. Interest payments are disbursed monthly to the client.

5.2  Mfalme Plan

5.2.1      Maturity Period: 12 months

5.2.2      Investment Range: 100,000 Kenyan Shillings to 500,000 Kenyan Shillings

5.2.3      Interest Rate: 5% per month

5.2.4      Terms: The Mfalme plan requires a 12-month commitment, and investors are required to invest between 100,000 and 500,000 Kenyan Shillings. The interest rate is set at 5% per month, with monthly interest payments credited to the client.

 

7.   How we may invest your Money

 

7.1  Contracts

Kingsmoon Limited may allocate a portion of your invested funds to contracts in the supply sector, aiming to capitalize on opportunities arising from procurement initiatives. This investment avenue involves participating in contractual agreements with entities for the provision of goods or services.

7.2  Bonds

Your funds may be invested in bonds, which are debt securities issued by entities. This investment strategy seeks to generate returns through interest payments and potential capital appreciation. Kingsmoon Limited will carefully assess the risk and return profile of various bonds to make informed investment decisions.

7.3  Stocks and Securities

Kingsmoon Limited may invest your money in stocks and securities, representing ownership or debt instruments of publicly traded companies. This strategy involves navigating the dynamic financial markets to capitalize on potential growth opportunities and optimize portfolio performance. The investment team will employ diligent research and analysis to make prudent decisions in the selection and management of stocks and securities.

7.4  Short-Term Money Market Instruments

Kingsmoon Limited may allocate a portion of your funds to short-term money market instruments, such as Treasury bills and commercial paper. This strategy aims to generate relatively quick returns by capitalizing on the interest rates associated with these low-risk, short-duration financial instruments.

7.5  Sector-Specific Opportunities

Kingsmoon Limited may opportunistically invest in specific sectors exhibiting short-term growth potential. This could involve identifying industries or markets poised for rapid development, where short-term investments can be strategically placed to capitalize on favorable conditions and generate returns within a shorter time frame

7.6  Kingsmoon Limited reserves the right to employ alternative investment methods beyond those explicitly outlined in this clause, without prior notice to the investor. Such methods may be in accordance with applicable Kenyan laws and regulations governing financial investments. The investor acknowledges that market conditions and financial landscapes are subject to change, and Kingsmoon Limited may, at its discretion, explore diverse investment avenues to optimize returns.

7.7  This provision is in accordance with the legal framework set forth by Kenyan financial regulations, allowing for flexibility in investment strategies to adapt to evolving market dynamics. Kingsmoon Limited commits to acting in the best interests of the investor while exercising due diligence in compliance with relevant legal provisions.

7.8  By accepting these terms and conditions, the investor acknowledges and consents to Kingsmoon Limited's discretion in utilizing alternative investment methods as deemed appropriate without prior notice to the user.

 

8.   Withdrawal Policy

 

8.1  Processing Time:

All withdrawal requests made by our clients may be processed during working hours from Monday to Friday and funds dispatched within a maximum timeframe of 24 hours from the time of submission. Withdrawals initiated on Friday by 10 a.m. may be processed on the same day, while withdrawals initiated on  Saturdays and Sundays will be processed on the subsequent Monday. In the case of public or gazetted holidays in Kenya, any withdrawals initiated the day prior to or the day of the holiday will be processed within the subsequent two working days.

8.2  Withdrawal Charges:

8.2.1 A nominal withdrawal fee of 50 Kenyan Shillings will be applied to all MPESA withdrawal transactions, irrespective of the withdrawal amount.

8.2.2 Withdrawals through alternative methods may incur higher fees and the fees may vary depending on the specific withdrawal method. The withdrawal fees charged will be at the sole discretion of Kingsmoon without prior notice to the user.

8.3  Withdrawal Request Rejection:

8.3.1 Kingsmoon Limited reserves the right to reject any withdrawal request without prior notice. This may occur under circumstances such as, but not limited to, suspected fraudulent activity, violation of our terms and conditions, or any other situation deemed necessary to protect the interests of our clients and the company.

8.3.2 We appreciate your understanding and adherence to our withdrawal policy, as it is designed to ensure a fair and secure investment experience for all our clients. If you have any inquiries or require assistance, please feel free to contact our customer support team.

8.4  Premature Withdrawal and Profit Forfeiture

In the event that a client chooses to withdraw funds from an active investment plan with Kingsmoon Limited prior to its maturity date, the following conditions shall apply

8.4.1 Profit Forfeiture of Accrued Profit:

If a client initiates a withdrawal before the maturity date of the investment plan, all profits accrued from the said investment plan will be forfeited. Kingsmoon Limited shall not be liable for any loss of profit resulting from the premature withdrawal.

8.4.2      Profit Deduction from Principal (if disbursed):

In instances where the accrued profit has already been disbursed to the client, and a subsequent withdrawal is requested before the maturity date, the following conditions apply:

8.4.3      Deduction from Principal:

The total profit amount disbursed will be deducted from the principal investment amount.

If the profit disbursed exceeds the remaining principal amount, the client agrees to forfeit the excess profit, resulting in a deduction from the initial principal investment.

8.4.4 Client Acknowledgment:

The client acknowledges and agrees that in the event of an early withdrawal after profit disbursement, not only will the entire principal amount be deducted but any surplus profit payments beyond the remaining principal shall be forfeited and returned to Kingsmoon Limited.

8.4.5 Withdrawal Before Maturity

Clients opting for an early withdrawal should be aware that, in addition to the deduction of the principal amount, any profits credited beyond the remaining principal will be lost. Withdrawals from cancelled investments shall be processed within 14 days after which the investment amount, minus any or all accrued interest whether paid out or not, shall be deposited into the Main Wallet of the user.

8.4.6 Investment Cancellation Rejection

Kingsmoon reserves the right to reject any investment cancellation request initiated by any user. The user would be informed through email of the reason behind the rejection of their cancellation request. In such cases, the user will be required to maintain the investment until its maturity date. The user will only be able to withdraw their funds upon the maturity of the investment.

8.5 Wallet Exchange Fee

Kingsmoon reserves the right to charge a wallet exchange fee of 50 Kenyan Shillings (KES) to facilitate the transfer of funds from the Profit Wallet to the Main Wallet and vice versa. Kingsmoon may revise this fee at any time without prior notice to the user. By using the Kingsmoon platform, the user agrees to abide by any applicable wallet exchange fees as determined by Kingsmoon.

8.6 Clients will be duly informed of the specific amounts deducted and the reasons for such deductions in the event of an early withdrawal after profit disbursement.

8.7 By proceeding with an investment plan offered by Kingsmoon Limited, the client acknowledges the existence of this profit deduction policy and agrees to comply with its terms. Kingsmoon Limited aims to uphold fairness and transparency in its dealings with clients and appreciates the understanding and cooperation of its valued investors.

8.8 The minimum withdrawable amount is 100 KES.

8.9 This clause is an integral part of the overall agreement between the client and Kingsmoon Limited and is subject to periodic review and updates by Kingsmoon Limited without prior notice to the client.

 

9.   Refund Policy

 

9.1  All funds deposited into an active Kingsmoon account are deemed as investment funds and cannot be refunded. The user can however request for a withdrawal using the same method that was used for the deposit.

9.2  In the event of an erroneous transaction made by a non-user or any exceptional circumstances, users may request a refund. Such requests must be reported to Kingsmoon within 24 hours of the transaction. Refund requests reported within 24 hours will be considered and processed at the discretion of Kingsmoon on a case-by-case basis. If approved, the refund will be processed without additional charges other than the applicable withdrawal charges.

9.3  Refund requests reported after 24 hours of the erroneous transaction will be subject to an 8% fee on the refunded amount. Kingsmoon reserves the right to assess and charge this fee. Users acknowledge and accept that any decision regarding refunds, especially those reported after 24 hours, will be made at the sole discretion of Kingsmoon.

9.4  Claims for refund or compensation must be supported by all available evidence.

 

10.                Taxation Policy

10.1 Capital Gains Tax Responsibility:

Users of Kingsmoon investment platform are solely responsible for paying all capital gains tax incurred from the returns they earn through investments with Kingsmoon.

10.2 Determining Tax Obligations:

Users are required to determine the amount of capital gains tax they owe based on the tax regulations in their respective regions or countries.

10.3 Deduction by Kingsmoon:

10.3.1 Kingsmoon reserves the right to deduct a percentage of users' returns to cover taxes payable in Kenya, where the company is headquartered.

10.3.2 This deduction may be implemented without prior notice to users and can be adjusted at any time by Kingsmoon to ensure compliance with local tax laws.

10.4 Compliance with Local Laws:

Kingsmoon may make deductions from users' returns to comply with local tax regulations, regardless of whether the user is a Kenyan citizen or not.

10.5 User Responsibility:

Kingsmoon will not be held responsible for any failure by individual users to pay the required taxes in their respective regions or countries. Users are expected to stay informed about their tax obligations and fulfill them accordingly.

10.6 Transparency:

Kingsmoon will strive to maintain transparency regarding any deductions made for tax purposes and will provide users with relevant information upon request.

10.7 Policy Amendments:

Kingsmoon reserves the right to amend this tax policy as necessary to align with changes in tax regulations or company operations. Users will be informed of any changes in a timely manner.

11.                Information about us and how to get in touch with us

 

11.1               Kingsmoon, a product under Kingsmoon LTD operates an app and Website that enable you to save and invest money using a mobile phone.

11.2               Kingsmoon Limited is a company incorporated and licensed under the laws of Kenya

11.3               We can be contacted via the following means:

11.4               Telephone: +254 700 222 251

11.5               Email using the email address: info@kingsmoon.ke

11.6               Website: https://www.kingsmoon.ke

 

12.                Confidentiality/ Privacy

 

12.1               As a fully regulated institution and with a purpose of providing the Service we are bound by the legal requirements to obtain, verify and record information about our customers. Therefore, we may request from you or consult any legal sources to obtain your personal data when offering the Service to you.

12.2               Your personal information will be treated and processed securely and strictly in accordance with applicable laws and regulations.

12.3               We will not treat customer information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.

12.4               We may disclose customer information if we are required to do so by law, by court order, by any statutory, legal or regulatory requirement, by the police or any other competent authorities in connection with the prevention or detection of crime or to help combat fraud, money laundering and terrorism financing. We may also report suspicious activity to appropriate competent law enforcement or government authorities.

12.5               For more details and information regarding the confidentiality, privacy and security please refer to our Privacy Policy that can be found at https://www.kingsmoon.ke/privacy-policy.

 

13.                Tax Compliance and Indemnification Provision

 

13.1               Users of the Kingsmoon investment service acknowledge and agree that they are solely responsible for complying with all applicable tax laws and regulations related to their investment activities. Any profits, dividends, or interest earned through the Kingsmoon platform may be subject to taxation.

13.2               Users understand and agree that Kingsmoon shall not be held liable for any taxes or penalties incurred by the user due to their failure to comply with tax obligations. It is the user's responsibility to accurately determine and promptly pay any taxes owed on the gains generated from their investments through the Kingsmoon platform.

13.3               Kingsmoon may provide general information regarding tax implications, but such information should not be considered as professional tax advice. Users are strongly advised to seek the assistance of a qualified tax professional to assess their individual tax obligations and ensure compliance with applicable laws.

13.4               By using the Kingsmoon investment service, users expressly release Kingsmoon from any liability related to taxes and agree to indemnify and hold Kingsmoon harmless from any claims, losses, or damages arising out of their failure to meet tax obligations.

13.5               This taxation clause is an integral part of the Kingsmoon Terms and Conditions, and users are bound by its provisions upon using the Kingsmoon investment service via the mobile app or the website

 

14.                Eligibility and your access rights

 

14.1               By using the Service you warrant that you are at least 18 years old and that you have a legal capacity to enter into legally binding contracts.

14.2               Without prejudice to your rights in relation to any order for Services in relation to which we issued a Confirmation, we reserve the right, at any time, to terminate or suspend your access to the Service without prior notice if:

14.2.1   You use the Service or attempt to use it for any Prohibited Purpose;

14.2.2   You attempt to transfer or charge funds from an account that does not belong to you;

14.2.3   We receive conflicting claims regarding ownership of or the right to withdraw funds from the account;

14.2.4   You have provided us with false evidence of your identity or you keep failing in providing us with true, accurate, current and complete evidence of your identity or details regarding transactions;

14.2.5   You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Application or to infect it with any Malicious Code;

14.2.6   You are in breach of these Terms and Conditions;

14.2.7   We have reason to believe that any of the foregoing has occurred or is likely to occur; or

14.2.8   A Compliance Officer has taken a discretionary decision to do so.

 

15.                 How the contract is formed between you and us

 

15.1               After you deposit an amount for investment via the Application an SMS and/or email notification will be sent to you acknowledging that your investment amount has been received.

15.2               An investment transaction order is subject to our discretionary acceptance. Such acceptance will be communicated to you via the app, e-mail or SMS confirming that we have processed your request for investment (hereinafter called “the Confirmation”). The contract between you and us (hereinafter called “the Contract”) will only be formed when the Confirmation has been sent.

15.3               The Contract relates solely to the services that have been confirmed accepted which are for investing purposes.

15.4               We reserve the right to refuse to perform any of the Services (including after Confirmation) if:

15.4.1   We are unable to obtain satisfactory evidence of your identity;

15.4.2   You provide us with false, incorrect or incomplete information;

15.4.3   We are unable to reach you via contact details provided by you;

15.4.4   Your transfer order, information or documentation is not provided sufficiently in advance to allow us to process it in accordance to your request;

15.4.5   You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code;

15.4.6   You are in breach of these Terms and Conditions;

15.4.7   You or the order you placed are in breach of any applicable laws or regulations or are made for a Prohibited Purpose;

15.4.8   Processing the Service in accordance with your order may expose us to liability;

15.4.9   We are unable to process your transfer due to variations in business hours, currency availability issues or due to any Force Majeure Event;

15.4.10 We have reason to believe that any of the foregoing has occurred or is likely to occur; or

15.4.11 A Compliance Officer has taken a discretionary decision to do so.

15.5 We shall not be liable for any damages, costs or losses incurred by the Sender or the Recipient of the invested money or any third party if, as a result of any of the circumstances referred to in clause 8, 9 or 13, we fail to complete the withdrawal of funds in accordance with an order.

 

16.                Your responsibilities and obligations

 

16.1               You will not use the Service unless you are at least 18 years old and you have a legal capacity to enter into legally binding contracts.

16.2               The Fees for the Service during funds withdrawal

16.3 You shall comply with these Terms and Conditions as well as with any applicable laws, rules and regulations.

16.4    In relation to your registration and use of the Service you will:

16.4.1   Provide us with accurate, current, complete and true evidence of your identity and any additional information or evidence we may require to confirm your identity;

16.4.2   Supply us with all information and documentation we may ask in order to process your transfer and to comply with any legal requirements applicable to us or to our partners (including without limitation, the Investments Regulations);

16.4.3   Update all information you provide to us to keep it accurate, current, complete and true;

16.4.4   Not use the Service for or in connection with any Prohibited Purpose or attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code;

16.4.5   Keep your account details secure, you must not share the account or any other transaction details with anybody

16.5               You understand and accept that:

16.5.1   We are legally obliged to retain information about our users and the transactions that we process for up to 5 years or as may be required from time to time by applicable law or by any regulatory authorities;

16.5.2   All charges of the Service will be charged using our rate published on the Application or as may be communicated to you before we issue a withdrawal Confirmation)

16.5.3   We reserve the right to increase the charges as per the market demands

16.5.4   You will be liable to us for all losses which we suffer or incur in relation to any fraud or fraudulent activity by you;

16.5.5   You must call us or write an e-mail to us as soon as possible if you believe or suspect that a withdrawal of funds was not executed properly or that the amount has not been received or was only partly received;

 

17.                 Promotions

17.1               All promotions, bonuses or special offers run by Kingsmoon are subject to promotion specific terms and conditions and any complimentary bonus credited to your account must be used in adherence with such terms and conditions.

17.2               In certain cases, we may conclude promotions, bonuses or special offers before the end of the advertised period or may prolong the period of a promotion, bonus or special offer usually due to abuse, limited up-take of the offer or error.

17.3               Kingsmoon reserves the right to disqualify certain countries or individuals from promotional offers.

17.4               In the event that Kingsmoon reasonably suspects that a user of our service has abused, is abusing or is attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a policy adopted by the Kingsmoon, then Kingsmoon may, at its sole discretion, deny, withhold or withdraw from any user any bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user’s access to that user’s account.

 

18.                Complaints

 

18.1               We value your feedback as it helps us improve our service. We have established internal procedures for complaints. You can make a complaint in writing to us regarding any aspect of the Service by e-mail to the following addresses: info@kingsmoon.ke

18.2               We will investigate your complaint and use reasonable endeavors to come back to you with the results of our investigation within 3 working days after receipt of your complaint.

18.3               In certain cases, we may conclude promotions, bonuses or special offers before the end of the advertised period or may prolong the period of a promotion, bonus or special offer usually due to abuse, limited up-take of the offer or error.

18.4               Kingsmoon reserves the right to disqualify certain countries or individuals from promotional offers.

18.5               In the event that Kingsmoon reasonably suspects that a user of our service has abused, is abusing or is attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a policy adopted by the Kingsmoon, then Kingsmoon may, at its sole discretion, deny, withhold or withdraw from any user any bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user’s access to that user’s account.

18.6               In a case of fraud or suspicious activity enhanced checks will be reinforced. They will involve the user taking a selfie while holding the national ID they registered with and a code that will be sent to their phone for device verification

 

19.                Limitations on our liability

 

19.1               We shall not be liable to you or to any third party in relation to the Services, whether for breach of contract, tort (including negligence), misrepresentation, unjust enrichment or any other grounds, for any indirect, incidental, consequential or special damages including any loss of profits or savings or anticipated profits or savings, loss of data, loss of opportunity, loss or reputation, goodwill or business or any economic loss, even if we are advised in advance of the possibility of such loss.

19.2               Nothing in this clause shall:

19.2.1   Exclude or limit liability on our part for death or personal injury resulting from our negligence,

19.2.2   Exclude liability for our fraud, our willful misconduct or gross negligence.

 

19.3               We shall not be liable for any breach of our obligations under the Contract to you nor for any failure or delay in performance of any obligations under the Contract arising from or attributable to acts, events, omissions or accidents beyond our reasonable control, including, without limitation, where our failure to perform our obligations arise from:

19.3.1 an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, export controls, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, pandemic or epidemic, industrial disputes, shortages of raw materials or components, general disruptions to transportation, telecommunication systems, power supply or other utilities;

19.3.2   the acts, decrees, legislation, regulations or restrictions imposed by any government or state;

19.3.3   the actions or omissions of the third parties;

19.3.4   malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;

19.3.5   any losses or delays in transmission of messages arising out of the use of any internet access service provider or caused by any browser or other software which is not under our control; or

19.3.6   any Malicious Code interfering with the Service (each, a “Force Majeure Event”).

19.4               Our performance under the Contract shall be deemed suspended for the period that the Force Majeure Event continues and the time for performance will be extended for the duration of that period. We will use our reasonable endeavors to find a solution by which our obligations under the Contract may be resumed despite the Force Majeure Event.

 

20.                 Intellectual property

 

20.1               The Website and the Application, the content, the name Kingsmoon and other names, logos, signs, domain names, email addresses and other indications of origin displayed on the Website or the Application relating to our products and/or services and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, design right, trademarks,) (“IPRs”) are owned by us, our affiliates or third-party licensors. Other names and logos of third-party product, service and companies displayed on the Website may be the trademarks of third parties. You shall not acquire any right, title or interest in any such IPRS by reason of the Services or the Contract and all right, title and interest in and to the Website and the Application shall remain our property and/or the property of such other third parties.

20.2               You may use the Website and the Application only for the purpose of the bona fide use of our Services as an individual consumer or business customer and only as permitted by these Terms and Conditions or described on the Website. You are authorized solely to view and to retain a copy of the pages of the Website for your own personal use. The Website and the Application and the Services may not be used for the purpose of testing the Service or to obtain information about the Service or about us. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Website, the Application or any portion thereof for any public or commercial use without our express written permission. You may not:

20.2.1   use any robot, spider, scraper or other automated device to access the Website or the Application or to use the Service; and/or

20.2.2   remove or alter any copyright, trade mark or other proprietary notice or legend displayed on the Website (or printed pages of the Website)