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Website Terms of Use

KINOBI WEBSITE TERMS OF USE Effective: 1st January 2021

AGREED TERMS
  1. Interpretation
    • The definitions in this clause apply in this Agreement:
      • Group: in relation to a company (wherever incorporated), that company, any company of which it is a Subsidiary from time to time (its holding company), and any other Subsidiaries from time to time of that company or its holding company.
      • Members are users who purchase Services on Kinobi’s Platform.
      • Restricted Member(s) are Members whom Kinobi introduces to the Coach, or otherwise arranges to have a Session or Class with the Coach.
      • Coaches are users who offer and perform services through Sessions or Webinars on Kinobi’s Platform.
      • Code of Conduct refers to the Code of Conduct as specified from time to time by Kinobi.
      • Coach Guidelines refers to the guidelines for Coaches as specified from time to time by Kinobi.
      • Sessions are paid one-to-one sessions between a Member and a Coach.
      • Services include all paid and non-paid services provided by the Coach to Kinobi or Members. Services include Sessions, Webinars, Video Curriculum, and Resume Reviews.
      • Classes are paid one-to-many sessions between multiple Members and one or more Coaches.
      • Kinobi’s Platform refers to an electronic or physical medium, including but not limited to an internet site, social media account, or webinar, that is owned, operated, or controlled by Kinobi.
  1. Services Provided
    • Kinobi offers the following products and services (the “Services”) on Kinobi’s platform:
      • Sessions: Coaches provide one-to-one guidance to one (1) Member on Kinobi’s platform in the form of meetings and/or phone calls and/or email or other written communications between the Coach and the Member from time to time, the exact content, frequency, and duration of which will be as agreed between the Member and Kinobi.
      • Classes: Coaches provide one-to-many guidance to multiple Members on Kinobi’s platform in the form of meetings and/or phone calls and/or email or other written communications between the Coach and the Members from time to time, the exact content, frequency, and duration of which will be as agreed between the Coach and Kinobi.
      • Video Curriculum: Kinobi produces or hosts video courses on Kinobi’s platforms, the exact content, frequency, and duration of which will be at Kinobi’s sole discretion.
      • Resume Review: Kinobi provides in-house reviews of Member’s resumes, the exact content, frequency, and duration of which will be as agreed between Member and Kinobi.
    1. Who We Are and How to Contact Us
      • Https://kinobi.asia is a site operated by HELLOMRKINOBI PTE. LTD (“We”, “our”, “us”). We are registered in Singapore under Unique Entity Number 202023937Z and have our registered office at 5 SERANGOON AVENUE 2 #04-12 SUNGLADE SINGAPORE (556132). Our main trading address is 71A GEYLANG ROAD.
      • Kinobi is a digital career accelerator for Asia’s Generation Z. Kinobi has presence in 6 countries across Asia-Pacific, including but not limited to Singapore, Indonesia, Australia, India, Thailand, and Philippines.
      • To contact us, please email hello@kinobi.asia.
 
    1. Who May Use Our Services
      • To use some or all of our Services, you may be required to register a Kinobi account.
      • Our Services are offered and available to users who are 18 years of age or older. If you are under 18 you may not use our Services. By using our Services, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Services.
 
    1. By Using Our Site or Registering an Account You Accept These Terms
      • By using our site or Services, registering a Kinobi account, or by clicking to accept or agree to these Terms of Use when this option is made available to you, you confirm that you accept these Terms of Use and that you agree to comply with them.
      • If you do not agree to these terms, you must not use our site.
      • We recommend that you print a copy of these terms for future reference.
 
  1. There Are Other Terms That May Apply to You
    • These Terms of Use refer to the following additional terms, which also apply to your use of our site:
      • Our Code of Conduct, found at https://kinobi.asia/conduct/.
      • Our Membership Agreement, should you choose to purchase any paid Services from Kinobi.
    1. We May Make Changes to These Terms
      • We amend these Terms of Use from time to time. It is your responsibility to check our site for changes. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. Your continued use of our site is considered as acceptance of the current or amended Terms of Use.
 
    1. We May Make Changes to Our Site and Services
      • We may update and change our site and any content on it from time to time without prior notice and at our discretion to reflect changes to our products, our users’ needs, and our business priorities.
 
    1. We May Suspend or Withdraw Our Site
      • Our site is made available free of charge.
      • We do not guarantee that Kinobi’s Platforms, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
      • You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, policies, and regulations, and that they comply with them.
 
    1. Registering of User Accounts
      • To prevent fraud and abuse, users are limited to one active Kinobi account. Any additional account determined to be created to circumvent our Terms of Use or other Regulations will be disabled. Mass account creation may result in disabling of all related accounts. Note that any violations of our Terms of Use or other Regulations is a cause for permanent suspension of all accounts.
      • All user accounts are to be associated to a single person and cannot be shared with others. Sharing any Services that require an account to be accessed with a non-registered person will result in a suspension of Services.
 
    1. We May Transfer This Agreement to Someone Else
      • We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
 
    1. You Must Keep Your Account Details Safe
      • If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
      • We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
      • If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@kinobi.asia.
 
    1. How You May Use Material on Our Site
      • We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
      • You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
      • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.
      • Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
      • You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
      • If you print off, copy, or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
 
    1. Do Not Rely on Information on This Site
      • The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or omitting, any action on the basis of the content on our site.
      • Although we make reasonable efforts to update the information on our site, we make no representations, warranties, or guarantees, whether express or implied, that the content on our site is accurate, complete, or up to date, or will have any beneficial effects on you.
 
    1. We Are Not Responsible for Websites We Link to
      • Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
      • We have no control over the contents of those sites or resources. We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit.
 
    1. User-Generated Content Is Not Approved by Us
      • This website may include information and materials uploaded by other users of the site, including to bulletin boards, forums, and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
 
  1. Our Responsibility for Loss or Damage Suffered by You
    • Whether you are a consumer or a business user:
      • To the maximum extent permitted by law, we exclude all liability to you under tort, contract law, and any other legal theory of liability.
      • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, and for fraud or fraudulent misrepresentation.
    • If you are a business user:
      • We exclude all implied conditions, warranties, representations, or other terms that may apply to our site or any content on it.
      • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under, or in connection with:
      • Use of, or inability to use, our site
      • Use of or reliance on any content displayed on our site
      • In particular, we will not be liable for:
      • Loss of profits, sales, business, or revenue
      • Business interruption
      • Loss of anticipated savings
      • Loss of business opportunity, goodwill, or reputation
      • Any indirect or consequential loss or damage
    • If you are a consumer user:
      • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of employment income, profit, loss of business, business interruption, or loss of business opportunity.
    • How We May Use Your Personal Information
      • We will use your personal information as set out in our Privacy Policy found at [LINK TO PRIVACY POLICY].
      • Subject to your express approval, Kinobi may publish personal information about you, including but not limited to your name and personal quotes, for Kinobi marketing and promotional purposes.
    • Recording of Classes
  1. Communications
    • By registering a Kinobi account, you agree to subscribe to newsletters, marketing, or promotional materials, and other information we may send. However, you may choose to opt out of receiving any, or all, of these communications, at any time by communicating this to Kinobi via email at community@kinobi.asia.

  2. User Conduct
    • Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the standards set out below. You may not post, send, submit, publish, or transmit in connection with our site any material that:
      • Violates any law or may be considered to violate any law
      • Advocates illegal activity or discusses an intent to commit an illegal act
      • Disobeys any policy or regulations established from time to time regarding the use of our site
      • Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity
      • Contains other people’s private and confidential information
      • Is vulgar, obscene, pornographic, or indecent
      • Does not pertain directly to our site
      • Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive
      • Advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site
      • Solicits funds, advertisers, or sponsors
      • Includes programs which contain viruses, worms and/ or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
      • Contains hyper-links to other sites that contain content that falls within the descriptions set forth above
      • You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
      • We endeavour, but have no obligation to, monitor, edit or remove inappropriate content.
      • Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store, and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights You Are Giving Us to Use Material You Upload.
      • We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
      • We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Terms of Use.

      1. Rights You Are Giving Us to Use Material You Upload
        • When you upload or post content to our site, you grant us the following rights to use that content:
          • A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media, including to promote the site or the service. This licence will not expire.
          • A worldwide, non-exclusive, royalty-free, transferable licence for other users, partners, or advertisers to use the content in accordance with the functionality of the site.
      1. You Must Not Scrape Our Site
      1. Claims of Copyright Infringement
        • If you believe in good faith that any material we publish on our site infringe your copyright, you or your agent may send us a notice at hello@kinobi.asia.

      2. We Are Not Responsible for Viruses and You Must Not Introduce Them
        • We do not guarantee that our site will be secure or free from bugs or viruses.
        • You are responsible for configuring your information technology, computer programmes, and platform to access our site. You should use your own virus protection software.
        • You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer, or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

      3. Rules About Linking to Our Site
        • You may link to our home page, provided you do so in a way that is fair and legal, and does not damage our reputation or take advantage of it.
        • You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
        • You must not establish a link to our site in any website that is not owned by you.
        • Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
        • We reserve the right to withdraw linking permission without notice.
        • The website in which you are linking must comply in all respects with the content standards set out in this Terms of Use.
        • If you wish to link to or make any use of content on our site other than that set out above, please contact hello@kinobi.asia.

      4. Which Country’s Laws Apply to Any Disputes?
        • These Terms of Use, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by Singapore law. We both agree to the exclusive jurisdiction of the courts of Singapore.

      5. Incorporation of Schedules
        • Both Parties acknowledge that they are bound by the schedules to this Agreement, including Schedule 1 (Legal Boilerplates).
      Schedule 1 – Legal Boilerplates
      1. Rules of Interpretation
        • The rules of interpretation in this clause apply in this Agreement:
          • A reference to a company shall include any company, corporation, or other body corporate, wherever and however incorporated or established.
          • This Agreement shall be binding on and enure to the benefit of, the Parties to this Agreement and their respective successors and permitted transferees and references to a Party shall include that Party’s personal representatives, successors and permitted transferees.
          • A reference to a law shall include all subordinate legislation made from time to time under that law.
          • A reference to writing or written includes e-mail but shall exclude fax.
          • Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
          • Any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.
          • Any reference to this Agreement terminating shall, where the context requires, include a reference to this Agreement terminating by expiry.
      1. Ownership of Intellectual Property
        • All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, and trade name (the “Intellectual Property”) that is developed or produced under this Agreement by either Parties, will become the sole property of Kinobi. The use of the Intellectual Property by Kinobi will not be restricted in any manner.
        • Neither Party may use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of Kinobi.

      2. Confidentiality
        • Confidential Information means all confidential information (however recorded or preserved) disclosed by a Party or its employees, officers, representatives, or advisers (together its Representatives) to the other Party and that Party’s Representatives whether before or after the date of this Agreement in connection with the Agreement, including information which:
          • relates to:
            • the existence and terms of this Agreement (or any Agreement or arrangement entered into pursuant to this Agreement);
            • the business, assets, affairs, customers, clients, suppliers, or plans, intentions, or market opportunities of the disclosing Party (or of any member of the Group to which the disclosing Party belongs); and
            • the operations, processes, product information, know-how, designs, trade secrets, or software of the disclosing Party (or of any member of the Group to which the disclosing Party belongs);
          • is developed by the Parties in the course of carrying out this Agreement; and
          • is specified as confidential.
        • The provisions of this clause shall not apply to any Confidential Information that:
          • is or becomes generally available to the public (other than as a result of its disclosure by the receiving Party or its Representatives in breach of this clause); or
          • was available to the receiving Party on a non-confidential basis before disclosure by the disclosing Party; or
          • was, is, or becomes available to the receiving Party on a non-confidential basis from a person who, to the receiving Party’s knowledge, is not bound by a confidentiality Agreement with the disclosing Party or otherwise prohibited from disclosing the information to the receiving Party; or
          • the Parties agree in writing is not confidential or may be disclosed; or
          • is developed by or for the receiving Party independently of the information disclosed by the disclosing Party.
        • Each Party shall keep the other Party’s Confidential Information confidential and shall not:
          • use such Confidential Information except for the purpose of exercising or performing its rights and obligations under this Agreement (“Permitted Purpose”); or
          • disclose such Confidential Information in whole or in part to any third Party, except as expressly permitted by this clause.
        • Each Party reserves all rights in its Confidential Information. No rights or obligations in respect of a Party’s Confidential Information, other than those expressly stated in this Agreement, are granted to the other Party or to be implied from this Agreement.
        • On termination of this Agreement, each Party shall:
          • return to the other Party all documents and materials (and any copies) containing, reflecting, incorporating, or based on the other Party’s Confidential Information;
          • erase all the other Party’s Confidential Information from computer and communications systems and devices used by it, including such systems and data storage services provided by third Parties (to the extent technically practicable); and
          • certify in writing to the other Party that it has complied with the requirements of this clause,
        • The provisions of this Clause shall survive for a period of three years from termination of this Agreement.

      3. Non-disparagement
        • Both Parties agree not to make any disparaging statements concerning the other Party or any members of its Group, or its current or former officers, directors, shareholders, employees, or agents (“Company Parties”). Each Party further agrees not to take any actions which in any way would reasonably be expected to affect adversely the reputation or good will of the other Party or any of the Company Parties.
        • The provisions of this Clause shall survive for a period of three years from termination of this Agreement.

      4. Warranties
        • Except as expressly provided in this Agreement, there are no conditions, warranties, or other terms binding on the Parties with respect to the actions contemplated by this Agreement.

      5. No Force Majeure
      • Your obligations under this Terms of Use are unconditional and shall not be subject to suspension, delay, or interruption on account of the occurrence of any event, whether or not such event is beyond your control.
      1. Variation
      • No variation of this Agreement shall be effective unless it is in writing and signed by the Parties (or their authorised representatives).
      1. Assignment
      • Neither Party will voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of Kinobi.
      1. Notices
      • A notice given to a Party under or in connection with this Agreement shall be in the English language and sent to the email address of the signatories of this Agreement.
      1. Severance
      • If any provision or part-provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
      1. Rights and Remedies
      • The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
      1. Inadequacy of Damages
      • Without prejudice to any other rights or remedies that a Party (first Party) may have, the other Party (other Party) acknowledges and agrees that damages alone would not be an adequate remedy for any breach of the terms of this Agreement by the other Party. Accordingly, the first Party shall be entitled to the remedies of injunction, specific performance, or other equitable relief for any threatened or actual breach of the terms of this Agreement.
      1. Waiver
      • A failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.
      1. Counterparts
      • This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one Agreement.
      1. Third Party Rights
      • No one other than a Party to this Agreement, their successors and permitted transferees, shall have any right to enforce any term of this Agreement.
      1. Entire Agreement
      • This Agreement constitutes the entire Agreement between the Parties and supersedes and extinguishes all previous discussions, correspondence, negotiations, drafts, Agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
      1. Governing Law and Jurisdiction
        • This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Singapore.
        • Each Party irrevocably agrees that, the courts of Singapore shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
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