Last Updated: 1st July 2021]
AGREED TERMS
1. Who We Are and How to Contact Us
1.1 HELLOMRKINOBI PTE. LTD (“Kinobi”, “we“, “our”, “us”) is a company registered in Singapore under Unique Entity Number 202023937Z and have our registered office at 195 Pearls Hill Terrace #03-76 Singapore (168976). The contents of the websites https://kinobi.asia and https://app.kinobi.asia, and of all other websites under our control and operation, whether partial or otherwise, are sometimes collectively referred to as “our Sites” or the “Kinobi Sites”.
1.2 Kinobi is a digital career accelerator platform, headquartered in Singapore, that provides education, access to network, and branding for people to attain their dream careers. Kinobi is currently operating in five countries across the Asia-Pacific region – Singapore, Indonesia, India, Thailand, Australia, and Philippines, through its products and services.
1.3 To contact us, please email community@kinobi.asia.
2. Definitions
2.1 The definitions in this clause apply in these Terms of Use:
(a) Coaches are users who offer and perform services, including but not limited to Sessions or Webinars, on Kinobi’s Platform.
(b) Coach Guidelines refers to the guidelines for Coaches as specified from time to time by Kinobi.
(c) Code of Conduct refers to the Code of Conduct for users as specified from time to time by Kinobi.
(d) Group, when used in relation to a company (wherever incorporated), refers to 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.
(e) Kinobi’s Platform refers to any electronic or physical medium that is owned, operated, or controlled by Kinobi, including but not limited to internet sites, mobile applications, social media accounts, or webinars.
(f) Members are users who purchase Services on Kinobi’s Platforms.
(g) Restricted Member(s) are Members whom Kinobi introduces to the Coach, or otherwise arranges to have a Session or Webinar with the Coach.
(h) Sessions are one-to-one sessions between a Member and a Coach.
(i) Services include all paid and non-paid services provided by Kinobi to users. Services include but are not limited to Kinobits, Resume Reviews, Sessions, and Webinars.
(j) Webinars are one-to-many sessions between multiple users and one or more Coaches.
(k) The terms “you”, “user”, and “users” herein refer to all individuals and/or entities accessing and/or using our Sites or Services at any time for any reason or purpose.
3. Services Provided
3.1 Kinobi offers the following products and services (the “Services”) on Kinobi’s platforms:
(a) Interview Guides: Kinobi compiles question banks and guides on our Sites, including but not limited to Interview Guides and Kinobits, relating to career and competition interviews, the exact content, frequency, and duration of which will be at Kinobi’s sole discretion.
(b) Job portal: Kinobi provides a career portal on our Sites whereby users can search and apply for jobs from time to time, and where Kinobi may list jobs from employers from time to time.
(c) Resume Builder: Kinobi provides in-house reviews and templates for users’ resumes, the exact content, frequency, and duration of which will be as agreed between users and Kinobi.
(d) 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.
(e) Webinars: Coaches provide one-to-many guidance to multiple users on Kinobi’s platform in the form of video content, meetings and/or phone calls and/or email or other written communications between the Coach and the users from time to time, the exact content, frequency, and duration of which will be as agreed between the Coach and Kinobi. Webinars include but are not limited to Courses, Kinclasses, and Virtual Internships.
4. Who May Use Our Services
4.1 To use some or all of our Services, you may be required to register a Kinobi account.
4.2 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.
5. By Using Our Sites or Registering an Account You Accept These Terms
5.1 By using our Sites or Services, registering a Kinobi account, or by clicking to accept or agree to these Terms of Use (the “Terms”) when this option is made available to you, you confirm that you accept these Terms and that you agree to comply with them.
5.2 If you do not agree to these Terms, you must not use our Sites or Services.
6. There Are Other Terms That May Apply to You
6.1 These Terms refer to the following additional terms, which also apply to your use of our Sites and Services:
· Our Coach and Member Guidelines.
· Our Code of Conduct.
· Our Privacy Policy.
· Any additional terms or agreements which you may be bound by.
7. We May Make Changes to These Terms
7.1 We amend these Terms from time to time. It is your responsibility to check our Sites for changes. Every time you wish to use our Sites, please check these Terms to ensure you understand the Terms that apply at that time. Your continued use of our Sites is considered as acceptance of the current or amended Terms.
8. We May Make Changes to Our Sites and Services
8.1 We may update and change our Sites, Services, and/or any content on them from time to time without prior notice and at our discretion to reflect changes to our products, our users’ needs, and our business priorities.
9. We May Suspend or Withdraw Our Sites and Services
9.1 We do not guarantee that our Sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Sites or Services for business and operational reasons.
9.2 You are also responsible for ensuring that all persons who access our Sites or Services through your internet connection are aware of these Terms and other applicable terms and conditions, policies, and regulations, and that they comply with them.
10. Registering of User Accounts
10.1 To prevent fraud and abuse, users are limited to one active Kinobi account. Any additional account determined to be created to circumvent our Terms or other Regulations will be disabled. Mass account creation may result in disabling of all related accounts. Note that any violations of our Terms or other regulations is a cause for permanent suspension of all accounts.
10.2 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.
11. We May Transfer This Terms of Use to Someone Else
11.1 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 these Terms.
12. You Must Keep Your Account Details Safe
12.1 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.
12.2 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.
12.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at community@kinobi.asia.
13. How You May Use Material on Our Sites and Services
13.1 We are the owner or the licensee of all intellectual property rights in our Sites and Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2 You may print off one copy, and may download extracts, of any page(s) from our Sites and Services for your personal use and you may draw the attention of others within your organisation to content posted on our Sites and Services.
13.3 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.
13.4 Our status (and that of any identified contributors) as the authors of content in our Sites and Services must always be acknowledged.
13.5 You must not use any part of the content on our Sites or Services for commercial purposes without obtaining a licence to do so from us or our licensors.
13.6 If you print off, copy, or download any part of our Sites or Services in breach of these Terms, your right to use our Sites or Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
14. Do Not Rely on Information on Our Sites
14.1 The content on our Sites 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 Sites.
14.2 Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Sites is accurate, complete, or up to date, or will have any beneficial effects on you.
14.3 Kinobi makes no promises or guarantees regarding the performance of any Services offered by Kinobi; nothing in these Terms, nor any written or verbal statement published by Kinobi, including but not limited to advertisements or information posted on Kinobi’s Platforms, shall be construed as such a promise or guarantee. Users accept and agree that they are fully responsible for their own progress and results from Kinobi’s Services. Kinobi and its affiliates make no guarantee or warranty that Kinobi’s Services will meet users’ requirements or that all users will achieve the same results.
14.4 Examples of results or representations from the use of Kinobi’s Services that are not guaranteed by Kinobi include, but are not limited, to the following:
(a) Any improvements in users’ careers or academic positions
(b) Any job placements for users
(c) Any admission to universities or academic institutions for users
15. We Are Not Responsible for Websites We Link to
15.1 Where our Sites contain 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.
15.2 We have no control over the contents of those websites or resources. We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.
16. Our Responsibility for Loss or Damage Suffered by You
16.1 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.
· Users are advised to take caution and exercise their best judgment whenever interacting with other third parties, such as but not limited to participating in Sessions with Coaches or using any forums or chat rooms on our Sites. We will not be held liable for communications or interactions with other third persons or parties with who you may communicate or interact with as a result of your use of our Sites.
16.2 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:
o Use of, or inability to use, our Sites
o Use of or reliance on any content displayed on our site
· In particular, we will not be liable for:
o Loss of profits, sales, business, or revenue
o Business interruption
o Loss of anticipated savings
o Loss of business opportunity, goodwill, or reputation
o Any indirect or consequential loss or damage
16.3 If you are a consumer user:
· Please note that we only provide our Sites for domestic and private use. You agree not to use our Sites 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.
17. How We May Use Your Personal Information
17.1 We will use your personal information in accordance with the Personal Data Protection Act 2012 and our Privacy Policy.
17.2 Subject to your approval, Kinobi may publish personal information about you, including but not limited to your name and personal quotes, for Kinobi marketing and promotional purposes.
18. Recording of Webinars
18.1 By accessing our Services, you agree that Webinars may be recorded by Kinobi. These Webinar recordings will become the sole property of Kinobi, the use of which by Kinobi will not be restricted in any manner.
18.2 By accessing our Sites and Services, you acknowledge and agree to the following:
(a) Through the action of publishing or showing the Webinar recordings, Kinobi may disclose your personal data that is captured in the recording, including but not limited to facial images, names, and any content you provide during the Webinar; and
(b) Where you contribute any intellectual property that is incorporated into the Webinar recordings, those intellectual property rights are assigned to Kinobi.
19. Communications
19.1 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, or wherever the option to opt out is presented to you.
20. User-Generated Content
20.1 As a user, you are solely responsible for your Kinobi account information, content, messages, or other information (“User Content”) that you submit, publish, or display on our Sites or transmit to other users, including but not limited to on bulletin boards, forums, and chat rooms. Kinobi acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by users. The views expressed by other users on our Sites do not represent our views or values.
20.2 However, Kinobi may review and delete any User Content that, in our sole judgment, violates these Terms, violates applicable law, rule, or regulation, is offensive or illegal or violates the rights of, harms, or threatens the safety of users of our Sites. Kinobi may take any action with respect to User Content that we deem necessary or appropriate in our sole discretion if we believe it may create liability for Kinobi.
21. User Conduct
21.1 Whenever you make use of a feature or use a Service that allows you to upload User Content to our Sites, or to make contact with other users of our Sites (such as but not limited to Sessions, Webinars, and any forums or chat rooms), you must comply with our Code of Conduct and the standards set out below.
You may not post, send, submit, publish, or transmit in connection with our Sites 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 Sites
· 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 Sites
· 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 our Sites
· 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 websites that contain content that falls within the descriptions set forth above
21.2 In particular, whenever you participate in any of our Services that require you to complete a quiz, exam, or any other assignment, you must comply with the standards set out below:
· You must not plagiarize others’ work. All work and/or solutions produced must be your own (except for assignments that expressly permit collaboration).
· You must not make solutions to any quiz, exams, or any other assignments available to anyone else (except for assignments that expressly permit sharing of solutions). This includes solutions written by you, as well as any solutions provided by Kinobi staff or others.
· You must not engage in any activities that will dishonestly improve your results or dishonestly improve or hurt the results of others.
21.3 You warrant that any such contribution of User Content does comply with these 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.
21.4 We endeavour, but have no obligation to, monitor, edit, or remove inappropriate content.
21.5 Any content you upload to our Sites 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.
21.6 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 Sites constitutes a violation of their intellectual property rights, or of their right to privacy.
21.7 We have the right to remove any posting you make on our Sites if, in our opinion, your post does not comply with the content standards set out in our Terms.
21.8 Users are encouraged to report any misconduct by Coaches, other users, or agents of Kinobi, to the Kinobi team for further action.
21.9 Any claim of misconduct filed against you that is found to be legitimate will give rise to Kinobi having the right to immediately terminate your use of our Services, whether paid or unpaid, with further legal rights reserved by Kinobi.
21.10 In the event of any complaints filed against users by a Coach or other users, or Kinobi otherwise having reasonable suspicion of misconduct on the part of the user, the user undertakes that he/she shall extend full cooperation with Kinobi in its investigations, including (i) sharing of all communications between the Coach and/or users and (ii) cooperating in providing a factual account of what happened between the Coach and/or users. This undertaking of cooperation shall survive the termination of your account or use of our Services.
22. Rights You Are Giving Us to Use Material You Upload
22.1 When you upload or post content to our Sites, 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 Content in connection with the service provided by our Sites and across different media, including to promote our Sites or Services. 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 our Sites.
22.2 You confirm and acknowledge that you disclose your personal data and all other information to Kinobi of your own volition when you use our Sites for purposes of submitting, uploading, or posting your resume on our Site, and/or when you register an account on our Sites.
22.3 By submitting, uploading or posting your resume and/or registering an account on our Sites, you authorize us to store your resume and information or data related thereto in our database.
22.4 We may send your resume and your personal information or data directly to third parties including but not limited to, educational institutions, organizations, and companies, in order to perform our Services.
22.5. We may create an account on your behalf and share your information with third parties including but not limited to your respective educational institutions to perform our Services.
23. No Circumvention of our Platforms
23.1 All Services, including but not limited to coaching Sessions and Webinars, are to be scheduled within Kinobi’s Platforms. It is a breach of these Terms for users, Coaches, or Members to suggest making or receiving a payment outside of Kinobi’s Platforms for services rendered and connections established via Kinobi’s Platforms.
24. Payment and Subscription Details
24.1 Except as otherwise expressly stated by Kinobi, the currency of payment made to Kinobi will be in USD (US Dollars).
24.2 Members undertake to pay the fees charged to them for any Services and/or subscription plans that they have purchased from Kinobi, within the stipulated timeframe communicated to them by Kinobi from time to time.
24.3 Members’ accounts will be charged for the renewal within twenty-four (24) hours prior to the end of the current subscription period. Automatic renewals will cost the same price that the Member was originally charged for the subscription (unless there was a one-time promotion).
24.4 The pricing of Kinobi’s Services may change at any time, without prior notice and at our discretion. We shall not be liable to Members or to any third party for any modification, price change, suspension, or discontinuance of our Services.
24.5 Members’ continued use of our Services after any pricing change comes into effect constitutes your agreement to pay the modified fee amount.
24.6 Once Members have subscribed or upgraded to a paid subscription plan, or purchased any of Kinobi’s Services, Kinobi or its authorized third-party payment processor may collect the fees payable via the Member’s credit card. In order to process the Member’s payment, the Member will be asked for billing information including name, billing address, and credit card details.
24.7 Where transactions are undertaken by a third-party processor, the terms and conditions and privacy policy which apply to the processors’ services will be applicable to the Member’s transaction. It is the Member’s responsibility to review the third-parties’ terms and conditions and privacy policy before using the services. The Member must also check if their credit card provider charges fees related to the payment of these services. Kinobi disclaims liability for credit card processing transactions charged to the Member by their provider.
24.8 Members agree to provide current, complete, and accurate billing information, including their email address, credit card number, and expiration date, so that Kinobi can complete the Member’s transactions and contact them as needed.
25. Refund Policy
25.1 Members will be eligible for refunds only when the Services are not provided – such as but not limited to an event where the Coach fails to provide the relevant Service.
25.2 Any claims for refunds should be submitted to community@kinobi.asia. Any refunds shall be made only at Kinobi’s discretion and on Kinobi’s account. If the Member is deemed eligible for a refund, the money will be refunded via a method that is mutually agreed upon between the Member and Kinobi.
26. Member Protocols
26.1 If you are a Member, and/or you have purchased Services from Kinobi, this Clause 25 applies to you.
26.2 Members hereby agree to the following protocol:
(a) All potential Session requests from Members will be communicated by the Member to the Kinobi team. Members are responsible for verifying the availability of their preferred Coach based on the scheduling platform provided by Kinobi, and make Session requests according to the availability of the respective Coaches. Whilst Kinobi endeavours to ensure that information pertaining to Coaches’ schedules are current, complete, and accurate, Kinobi is not liable for any inaccuracies that may relate to the availability of Coaches. Kinobi in no way guarantees that Members will receive the requested timeslot for any Session request made by the Member.
(b) Should the Member require to make any amendments or cancellations to Webinar or Session timings, these will be communicated by the Member to the Kinobi team 24 hours prior to the Class or Session. This can be in the form of phone calls and/or email.
(c) Restricted Members shall not receive any services on a fee-paying basis from any Coaches or through any Coaches’ intermediaries.
27. You Must Not Scrape Our Site
27.1 You agree not to, and will not assist, encourage, or enable others to use our Sites to access or copy in bulk, retrieve, harvest, or index any portion of our Sites (“Scrape”) or use, support, or develop any robot, spider, scripts, or other automatic device, process, or means (such as crawlers, browser plug-ins and add-ons, or other technology) to Scrape our Sites for any purpose. If you Scrape our Sites or any portion thereof, we may seek legal action against you, including sending notice letters to you and your agents notifying that you have violated these Terms.
28. Claims of Copyright Infringement
28.1 If you believe in good faith that any material we publish on our Sites infringes your copyright, you or your agent may send us a notice at community@kinobi.asia.
29. We Are Not Responsible for Viruses and You Must Not Introduce Them
29.1 We do not guarantee that our Sites will be secure or free from bugs or viruses.
29.2 You are responsible for configuring your information technology, computer programmes, and platform to access our Sites. You should use your own virus protection software.
29.3 You must not misuse our Sites 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 Sites, the server on which our Sites are stored, or any server, computer, or database connected to our Sites. You must not attack our Sites 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 Sites will cease immediately.
30. Rules About Linking to Our Sites
30.1 You may link to our Sites, provided you do so in a way that is fair and legal, and does not damage our reputation or take advantage of it.
30.2 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.
30.3 We reserve the right to withdraw linking permission without notice.
30.4 The website in which you are linking our Sites must comply in all respects with the content standards set out in this Terms.
30.5 If you wish to link to or make any use of content on our Sites other than that set out above, please make a formal request by contacting us via email at community@kinobi.asia.
31. Which Country’s Laws Apply to Any Disputes?
31.1 These Terms, 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.
32. Incorporation of Schedules
32.1 Both Parties acknowledge that they are bound by the schedules to these Terms, including Schedule 1 (Legal Boilerplates).
Schedule 1 – Legal Boilerplates
1. Rules of Interpretation
1.1 The rules of interpretation in this clause apply in these Terms:
(a) A reference to a company shall include any company, corporation, or other body corporate, wherever and however incorporated or established.
(b) These Terms shall be binding on and enure to the benefit of, the Parties to these Terms and their respective successors and permitted transferees, and references to a Party shall include that Party’s personal representatives, successors, and permitted transferees.
(c) A reference to a law shall include all subordinate legislation made from time to time under that law.
(d) A reference to writing or written includes e-mail but shall exclude fax.
(e) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
(f) 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.
(g) Any reference to these Terms terminating shall, where the context requires, include a reference to these Terms terminating by expiry.
2. Ownership of Intellectual Property
2.1 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 these Terms 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.
2.2 Neither Party may use the Intellectual Property for any purpose other than that contracted for in these Terms except with the written consent of Kinobi.
3. Confidentiality
3.1 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 these Terms in connection with these Terms, including information which:
(a) relates to:
(i) the existence and terms of these Terms (or any Agreement or arrangement entered into pursuant to these Terms);
(ii) 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
(iii) 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);
(b) is developed by the Parties in the course of carrying out these Terms; and
(c) is specified as confidential.
3.2 The provisions of this clause shall not apply to any Confidential Information that:
(a) 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
(b) was available to the receiving Party on a non-confidential basis before disclosure by the disclosing Party; or
(c) 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
(d) the Parties agree in writing is not confidential or may be disclosed; or
(e) is developed by or for the receiving Party independently of the information disclosed by the disclosing Party.
3.3 Each Party shall keep the other Party’s Confidential Information confidential and shall not:
(a) use such Confidential Information except for the purpose of exercising or performing its rights and obligations under these Terms (“Permitted Purpose”); or
(b) disclose such Confidential Information in whole or in part to any third party, except as expressly permitted by this clause.
3.4 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 these Terms, are granted to the other Party or to be implied from these Terms.
3.5 On termination of these Terms, you shall:
(a) return to Kinobi all documents and materials (and any copies) containing, reflecting, incorporating, or based on our Confidential Information;
(b) erase all of our Confidential Information from computer and communications systems and devices used by you, including such systems and data storage services provided by third parties (to the extent technically practicable).
3.6 The provisions of this Clause shall survive for a period of three years from termination of these Terms.
4. Non-disparagement
4.1 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.
4.2 The provisions of this Clause shall survive for a period of three years from termination of these Terms.
5. Warranties
5.1 Except as expressly provided in these Terms, there are no conditions, warranties, or other terms binding on the Parties with respect to the actions contemplated by these Terms.
6. No Force Majeure
Your obligations under this Terms 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.
7. 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.
8. Notices
A notice given to a Party under or in connection with these Terms shall be in the English language and sent to the email address of the Parties to these Terms.
9. Severance
If any provision or part-provision of these Terms 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 these Terms.
10. Rights and Remedies
The rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
11. 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 these Terms 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 these Terms.
12. Waiver
A failure or delay by a Party to exercise any right or remedy provided under these Terms 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 these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
13. Counterparts
These Terms 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 Terms of Use.
14. Third Party Rights
No one other than a Party to these Terms, their successors and permitted transferees, shall have any right to enforce any term of these Terms.
15. Entire Agreement
These Terms 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.
16. Governing Law and Jurisdiction
16.1 These Terms 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.
16.2 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 these Terms or its subject matter or formation.
KINOBI PRIVACY POLICY
Last Updated: 1st July 2021]
1. Introduction
Welcome to HELLOMRKINOBI PTE. LTD. (“Kinobi”, “us”, “we”, “our”). This Privacy Policy supplements our Terms of Use and explains how Kinobi, its subsidiaries, and affiliates that link to this Privacy Policy, handle information collected and received in the course of your use of our websites, mobile applications, social media accounts, and services (collectively, our “Services”). It also governs the collection, use, and disclosure of your information.
We use your data to provide and improve our Services. By using our Services or clicking on the “I Agree” field (or any similar field or link designated to indicate your acceptance of this Privacy Policy), you:
· consent to the collection and use of information in accordance with this policy; and
· warrant that you have had a sufficient opportunity to access and review this Privacy Policy and you have read and consented to its terms.
You are under no obligation to provide the information to us. However, if you choose to withhold the information or to revoke permission for us to receive the information, we may be unable to provide certain aspects of our Services to you.
By providing us with any information relating to a third party (e.g. information of your spouse, children, parents, and/or employees), you represent to us that you have validly obtained the consent of the third party to provide us with their information for the respective purposes.
Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Use.
2. Information We Collect And Receive
We collect several different types of information for various purposes to provide and improve our Services to you.
Personal Data
While using our Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personal Data may include, but is not limited to:
· Account credentials such as username
· Profile information such as name, gender, email address, profile photo, mobile number, date of birth, and country of residence
· Information that you provide in your resumes and CVs, including but not limited to current and previous employment and educational history, employment and educational preferences, and professional certifications and memberships
· Information required for payment services such as credit or debit card details, bank account, address, mobile number
· Location information such as last known location
· Any communications between you and other users of our Services
· Any other information disclosed by you in any of the above-mentioned methods and/or through the use our Services
· Aggregate data collected through the use of our Services
· Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by contacting us via email at community@kinobi.asia.
Usage Data
We may also collect information that your browser sends whenever you visit our Services or when you access our Services by or through a mobile device or computer (“Usage Data”).
This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.
When you access our Services with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers, and other diagnostic data.
Location Data
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Services, to improve, and to customize our Services.
You can enable or disable location services when you use our Services at any time by way of your device settings.
Tracking Cookies Data
We use cookies and similar tracking technologies to track the activity on our Services and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags, and scripts to collect and track information and to improve and analyze our Services.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services.
3. Why We Collect The Information And How We Use It
Kinobi uses the collected data for various purposes, including but not limited to the following:
· to provide and maintain our Services and customize the content shown to you;
· to develop, operate, and improve our Services;
· to notify you about changes to our Services;
· to allow you to participate in interactive features of our Services when you choose to do so;
· to provide customer support by responding to your queries and resolving complaints;
· to gather analysis or valuable information so that we can improve our Services;
· to monitor the usage of our Services;
· to detect or monitor any frauds or other prohibited content, businesses, or activities;
· to detect, prevent, and address technical issues;
· to fulfill any other purpose for which you provide it;
· to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including but not limited to payments;
· to facilitate, confirm, and/or provide updates or notifications in relation to any transactions;
· to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
· to provide you with news, special offers, and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
· in any other way we may describe when you provide the information;
· for any other purpose with your consent.
4. Retention of Data
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally obligated to retain this data for longer time periods.
5. Transfer of Data
By using our Services, you authorise us to use your information in Singapore, Indonesia, Australia, India, Thailand, Philippines, and other countries where Kinobi operates for the purposes set out in this Privacy Policy. We will ensure that your information is transferred in accordance with this Privacy Policy and protected in accordance with applicable laws on personal data protection (including, but not limited to, the Personal Data Protection Act 2012 of Singapore).
Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
6. Disclosure of Data
We may disclose personal information that we collect or you provide in the following ways:
· When you register for a Kinobi Account, the information which you make available on your profile may be viewed by other users of our Services. Other users of our Services would also be able to view the content which you upload and share on our Services.
· We may share the information with third party service providers who assist us in performing certain aspects of our Services on our behalf, such as processing transactions, payment services, fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data, providing support services, or in other tasks. Such service providers will only have access to your personal information to the extent necessary to perform their functions.
· If we or our subsidiaries are involved in a merger, acquisition, or asset sale, your Personal Data may be transferred.
· We may share the information with our potential partners, investors, and other parties with a view to a potential business partnership, collaboration, joint venture, or otherwise in furtherance of our business.
· We may share the information from time to time with third parties such as but not limited to educational institutions, organizations, and companies that participate in Kinobi’s Services in order to fulfill the purpose for which you provide it, including but not limited to disclosing the information for recruitment purposes.
· We may share any information collected in accordance with this Privacy Policy with: (i) governmental and other regulatory authorities or the courts in any jurisdiction; (ii) any third party claimants or potential third party claimants; or (iii) your card issuing bank, financial institution, and/or payment service provider, to process or resolve any chargeback, payment reversal, and/or dispute arising from or in connection with a transaction using our Services in accordance with our Terms of Use.
· We may disclose your personal information if required to do so by law or if we believe that such action is necessary to prevent fraud or crime or to protect our Services or the rights, property, or personal safety of any person.
· We may disclose your information for any other purpose disclosed by us when you provide the information and/or whenever you provide your consent for us to disclose that information.
7. Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
8. Your Data Protection Rights
You have the right to:
· Access. You have the right to request we provide you with a copy of your Personal Data. We may charge you a small fee for this service. You may access your Personal Data by requesting access from Kinobi by contacting us via email at community@kinobi.asia. A service fee may be charged for retrieving and sending the information to you.
· Rectification. You have the right to request we correct, amend, or update any information you believe is inaccurate or incomplete. You may request your information or data be corrected, amended, or updated by contacting us via email at community@kinobi.asia.
· Erasure. You have the right to request that we erase or destroy your data in certain circumstances, including where you withdraw your consent, where your data is no longer required for collection purposes, or where your data has been unlawfully processed. You may request your information or data be erased by contacting us via email at community@kinobi.asia.
· Restrict Processing. You have the right to request that we restrict the processing of your data under certain conditions, including where processing is inconsistent with the reason for which the data was collected.
· Object to Processing. You have the right to object to us processing your Personal Data under certain circumstances, including the right to object to profiling, automation, and direct marketing.
· Data Portability. You have the right to request we transfer the data we have collected to another organization or directly to you, under certain circumstances.
· To the extent that we are relying on our legitimate interests to use your personal data, you also have the right to object to such use (unless we can either demonstrate compelling legitimate grounds for the use that override your interests, rights, and freedoms or where we need to process the data for the establishment, exercise, or defence of legal claims).
· Without undue delay and not later than within a month, we will respond to your request to invoke your rights consistent with applicable law.
· You may revoke your consent for receiving marketing communications at any time by following the instructions in any marketing communication or contacting us at community@kinobi.asia.
· In case you may have a question or complaint about how we process your Personal Data, you can send an email to community@kinobi.asia. Alternatively, you may consider lodging a complaint with a supervisory data protection authority.
9. Service Providers
We may employ third party companies and individuals to facilitate our Services (“Service Providers”), provide Services on our behalf, perform Service-related services or assist us in analysing how our Services is used.
These third parties may have access to your Personal Data and may only access your Personal Data to perform these services on our behalf and are obligated not to disclose or use it for any other purpose.
The third-party programs and Service Providers we work with are:
· Google Analytics – for user analytics.
· Mailchimp – for email marketing and communications purposes.
· Mixpanel – for user analytics.
· ProProfs – for hosting of our Services such as quizzes.
· Stripe – for payment and transaction processing.
· WordPress – for hosting and maintaining our Services such as websites.
10. Links to Other Sites
Our Service may contain links to other sites that are not operated by us, including but not limited to job or internship postings. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
11. Children’s Privacy
Our Services are not intended for use by children under the age of 13 (“Children”).
We do not knowingly collect personally identifiable information from Children under 13. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
12. Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on our website and updating the “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on our website.
13. Contact Us
If you have any questions about this Privacy Policy, or complaints about breaches of this Privacy Policy, please contact us by email at community@kinobi.asia.
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