Terms of Service
Khalibre Platform User Agreement
Thanks for using Khalibre Platform and/or other Khalibre services and apps. When you use our products and services, you’re agreeing to our terms, so please take a few minutes to read over the User Agreement below.
Note: You are entering into a legally binding agreement.
1.1 Introduction
The Khalibre Platform exists to help people build flourishing Communities of Purpose
- Access to world-class training, resources and other products from like-minded and related organizations.
- Ability to connect with people and like-minded organizations online
- Services (e.g. forums, private messaging, blogs) that empower you to communicate, encourage and share with others
- Advanced technologies that help the Platform to be safe and functional
- A personalized experience in the form of targeted learning content based on interests, connections, choices and settings you select.
- Advertisements for subscription services and events that may better equip and connect you
- Global access to our services
- Continuous improvement and upgrades to our services. We do this by using data to research how our products and services are used.
Generally, these agreements talk about:
- Committing to be a responsible user: Ensuring you are committed to using the platform and interacting with others on it responsibly.
- Accepting that when you share information with others on the Platform (as with anywhere else) that it may be used in ways you didn’t intend.
- Giving us permission to access your information and sharing it with third parties for the purpose of providing better and more secure services. Please refer to the privacy agreement to further understand how your information is protected.
Khalibre is committed to continuous improvement of practical learning and collaboration. To achieve this, Khalibre shall, under the terms of this User Agreement, be permitted to review information stored within the Khalibre Public Sites. Khalibre Public Sites are accessible by registered users (“Members”) and unregistered viewers (“Visitors”), including those invited by Members or Visitors.
1.2. Scope and Intent
You agree that by registering on the Khalibre Platform or by using our websites, including our mobile applications, developer platforms, premium services, or any content or information provided as part of the Khalibre services (collectively, “Platform” or the “Services”), you are entering into a legally binding agreement with Khalibre Pte Ltd, 1 North Bridge Road #18-01 HighStreet Centre, Singapore 179094 (“we,” “us,” “our,” and “Khalibre”) based on the terms of this Platform User Agreement and the Khalibre Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”), whether as a registered member on any Platform domain and/or other Service, as applicable (“Member”), or unregistered user (“Visitor”). If you are using the Khalibre Platform on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not agree with this Agreement, do NOT click “Join” and do NOT access, view, download or otherwise use any Platform webpage, content, information or services. By clicking “Create Account”, “Join”, “Sign Up” or similar, or by using any Service, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. Please note that the Khalibre Platform User Agreement and Privacy Policy are also collectively referred to as “Platform Terms of Service.”
2. Your Obligations
2.1. Applicable laws and this Agreement
You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in section “10. DOs and DON’Ts” and section “11. Complaints Regarding Content Posted on the Platform Website”
2.2. License and warranty for your submissions to the Platform
As between you and Khalibre, you own the content and information you provide to the Platform under this Agreement, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Please note that you may separately be bound by other obligations or restrictions relating to the use or dissemination of information or content, whether by law, contract, relationship or otherwise.
Khalibre shall use all or any portion of the information contained in discussions that take place in the Platform Public Sites in order to add to the body of knowledge regarding, and consistent with its commitment to the continuous improvement of, member care and member development resources.
For the Platform Public Sites (Individual Membership), you grant Khalibre a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to use, to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to the Platform, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to the Platform, without any further consent, notice and/or compensation to you or to any third parties. Khalibre will ensure that any information used is sufficiently sanitized so as not to name individuals or divulge detailed location information.
Pursuant to this license, Khalibre may grant other Members and/or Visitors access and share rights to your content and information in accordance with the terms of this Agreement and consistent with your personalized Platform settings.
Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).
It is your responsibility to keep your Platform profile information accurate and updated.
2.3. Service Eligibility
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Platform account, (3) are not a competitor of Khalibre or are not using the Services for reasons that are in competition with the Platform; (4) will only maintain one Platform account at any given time; (5) will use an alias or real name and only provide accurate information to Khalibre; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Khalibre or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
“Minimum Age” means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if applicable law requires that you must be older than such ages in order for Khalibre to lawfully provide the Services to you (including the collection, storage and use of your information in accordance with our privacy policy) then the Minimum Age would be such older age. The Services are not designed nor intended for use by children or anyone else under the age of 13.
2.4 Your Membership
The public overview page of your profile that you create on the Platform will become part of the Platform and except for the content and information that you license to us is owned by Khalibre. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Platform account to another party; and (5) not charge anyone for access to any portion of the Platform, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your Platform account, respectively, please email us at support@khalibre.com.
2.5. Indemnification
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through the Platform
2.6. Payment
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Paid Services”), you agree to Khalibre storing your payment information. You also agree to pay the applicable fees for the Paid Services (including, without limitation, periodic fees for paid accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. The Platform does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Paid Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Paid Services by emailing Khalibre. Khalibre does not provide any refunds. We do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that the Platform Paid Services are subject to this Agreement and any additional terms related to the provision of the Paid Service.
2.7. Notify us of acts contrary to the Agreement
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
2.8. Notifications and Service Messages
For purposes of service messages and notices about the Services, Khalibre may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Khalibre to an email address associated with your account, even if we have other contact information. You also agree that Khalibre may communicate with you through your Platform account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Platform account or services associated with the Platform. Please carefully review your Platform settings to control and limit what kind of messages you would like to receive from us. You have the option of unsubscribing from certain communications from us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
2.9 [intentionally omitted]
2.10. User-to-User Communication and Sharing (Platform Forums, Updates, etc.)
The Platform offers various open and private forums and organization-specific channels (each a “Forum” or “Channel”). In some Platform Forums, seasoned practitioners engage with learners in discussion outside of other Platform learning mediums. These Forums and their related Frequently Asked Questions and documents are a key area for growing knowledge and building competencies. Channels may be restricted to a specific organization and its members and guests. These Forums and Channels are places to post your observations and comments on designated topics. The Platform also enables the sharing of information by allowing users to post updates, including links to videos such as YouTube and Vimeo. Seasoned practitioners and content partners can create Platform Forums for free, however, Khalibre, in its sole discretion, may close or transfer Platform Forums, or remove content from them or from anywhere on the Services if the content violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members or, if public, by Visitors (note also that all content you post is publicly visible unless you restrict it to a private audience), and Khalibre cannot guarantee that other Members will or will not use the ideas and information that you share on the Platform, nor the manner of use. Therefore, if you have an idea or information that you would like to keep confidential or do not want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Platform Forums or Channels, into your Activity Updates, or elsewhere on the Platform. KHALIBRE IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON THE PLATFORM.
2.11. Privacy
You should carefully read our full Privacy Policy before using the Platform as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to the Platform, or Forums you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that Khalibre may process such information, within the terms of the Privacy Policy.
2.12. Export Control
Your use of the Platform services, including our software, may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
2.13. Contributions to the Platform
By submitting suggestions or other feedback regarding our Services (“Contributions”) in any way to Khalibre, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Khalibre is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Khalibre shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Khalibre may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Khalibre rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Khalibre under any circumstances.
3. Your Rights
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser or mobile device (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Khalibre or its Members), to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof, the Members’ settings and your degree of connection with them, in accordance with this Agreement. Any other use of the Platform contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from the Platform commercially unless expressly authorized by Khalibre) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Platform and all related items, including any and all copies made of the the Platform websites.
4. Our Rights and Obligations
4.1. Services Availability
For as long as Khalibre continues to offer the Services, the Platform shall provide and seek to update, improve and expand the Services. As a result, we allow you to access the Platform as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Platform, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on the Platform or by direct communication to you unless otherwise noted.
Khalibre further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Khalibre to be contrary to this Agreement. For avoidance of doubt, Khalibre has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services. Khalibre may be required by local laws to remove certain information or content and so that information or content may not be available on our Service in those countries.
4.2. Third Party Content, Sites and Developers
By using the Services, you may be exposed to other Members’ or third party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Except for certain limited circumstances, such as where legally required, we generally do not review or filter such content. You agree and acknowledge that we are not responsible for other Members’ or third party content or information or for any damage of any kind incurred as result of your reliance thereon.
The Platform may include links to third party web sites (“Third Party Sites”) on our Services. Khalibre is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Accordingly, if you decide to use Third Party Sites you do so at your own risk, and that this Agreement does not apply to your use of any Third Party Site. Please note: If you allow a Third Party Site to authenticate you or connect with your Platform account, that application or website can access information on the Platform related to you and your connections. For additional information regarding Platform Developers and Platform Applications, please refer to Khalibre Privacy Policy.
4.3. Disclosure of User Information
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of the Platform, our Members or the public. Disclosures of Member information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.
4.4. Connections and Interactions with other Members
You are solely responsible for your interactions with other Members. The Platform may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Khalibre reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Khalibre determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
4.5. Intellectual Property Notices
The Services include the copyrights and Intellectual property rights of the Platform and except for the limited license granted to you in Section 3, Khalibre reserves all of its intellectual property rights in the Services. Khalibre and other Khalibre trademarks, service marks, graphics, and logos used in connection with the Platform are trademarks or registered trademarks of Khalibre in the U.S., Singapore and/or other countries. Other trademarks and logos used in connection with the Platform may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
5. Disclaimer
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON THE PLATFORM OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR ORGANIZATIONS AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PLATFORM DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KHALIBRE AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY THE PLATFORM OR ANYTHING RELATED TO THE PLATFORM, YOU MAY CLOSE YOUR PLATFORM ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. KHALIBRE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE PLATFORM TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON OUR WEBSITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. KHALIBRE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, THE PLATFORM DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. KHALIBRE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. KHALIBRE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, KHALIBRE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE PLATFORM SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6. Limitations of Liability
LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither Khalibre nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Paid Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any Platform Applications or any of the content or other materials on, accessed through or downloaded from the Platform. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and Not apply to any damage that the Platform may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
Not apply if you have entered into a separate agreement to purchase Paid Services with a separate Limitation of Liability provision that supersedes this section in relation to those Paid Services.
7. Termination
7.1. Mutual rights of termination
You may terminate this Agreement, for any or no reason, at any time, with notice to Khalibre pursuant to Section 9.3. This notice will be effective upon the Platform processing your notice. Khalibre may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Khalibre or the party paying for the services may terminate your access to any Paid Services. Termination of your Platform account includes disabling your access to the Platform and may also bar you from any future use of the Platform.
7.2. Misuse of the Services
Khalibre may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the the Platform messaging services; creating multiple or false profiles; using the Services commercially without Khalibre’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that Khalibre, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Khalibre has adopted a policy of terminating accounts of Members who, in Khalibre’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
7.3. Effect of Termination
Upon termination of your Platform account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4.1., 4.2., and 4.3. (“Our Rights and Obligations”).
8. Dispute Resolution
8.1. Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of Singapore regardless of your country of origin or where you access the Platform, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Khalibre agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Singapore, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Khalibre agree to submit to the personal jurisdiction of the courts located within Singapore for the purpose of litigating all such claims. Notwithstanding the above, you agree that Khalibre shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
8.2. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
9. General Terms
9.1. Severability
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
9.2. Language
Where the Platform has provided you with a translation of the English language version of this Agreement, the Privacy Policy, or any other documentation, you agree that the translation, if any, is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Paid Services, will govern your relationship with Khalibre.
9.3. Notices and Service of Process
In addition to Section 2.8. (“Notices and Service Messages”), we may notify you via postings on Platform domains or another Platform site or app. You may contact us here. Or via mail or courier at: Khalibre Pte Ltd, 1 North Bridge Road #18-01 HighStreet Centre, Singapore 179094. Additionally, Khalibre accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
9.4. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Khalibre regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Platform services, third-party content or third party software.
9.5. Amendments to This Agreement
We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.khalibre.com or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 7 (Termination).
9.6. No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Platform Affiliate shall be deemed legally binding on any Platform Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Khalibre.
9.7. No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
9.8. Beneficiaries
Entities other than Khalibre Pte Ltd, that Khalibre Pte Ltd owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.
9.9. Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Khalibre Pte Ltd for any third party that assumes our rights and obligations under this Agreement.
9.10. Potential Other Rights and Obligations
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
10. “DOs” and “DON’Ts”
As a condition to access the Platform, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
10.1. Do undertake the following:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; Provide accurate information to us and update it as necessary; Review and comply with our Privacy Policy;
Review and comply with notices sent by the Platform concerning the Services; Use the Services in a professional manner; and Use an alias or real name on your profile.
10.2. Don’t undertake the following:
Invite people you do not know well to join your network; Upload a profile image that is of somebody else. An alias image may be used. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to the Platform; Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature; Create a Member profile for anyone other than a natural person; Harass, abuse or harm another person, including sending unwelcomed communications to others using the Platform; Use or attempt to use another’s account or create a false identity on the Platform;
Upload, post, email, transmit or otherwise make available or initiate any content that: Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present; Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable; Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by the Platform); Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Platform invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using the Platform to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases; Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of the Platform or any user of the Platform;
Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Platform (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by Khalibre;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
Utilize or copy information, content or any data you view on or obtain from the Platform to provide any service that is competitive, in Khalibre’s sole discretion, with the Platform;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by the Platform unless you have entered into a written agreement with Khalibre;
Adapt, modify or create derivative works based on the Platform or technology underlying the Services, or other Members’ content, in whole or part, except as permitted under Kalibre’s developer program;
Rent, lease, loan, trade, sell/re-sell access to the Platform or any information therein, or the equivalent, in whole or part;
Sell, sponsor, or otherwise monetize a Platform Forum or any other service or functionality of the Platform, without the express written permission of Khalibre;
Deep-link to our sites for any purpose, (i.e. creating or posting a link to a Platform web page other than the Platform’s home page) unless expressly authorized in writing by Khalibre or for the purpose of promoting your profile or a Forum on the Platform;
Remove any copyright, trademark or other proprietary rights notices contained in or on the Platform, including those of both Khalibre and any of its licensors;
Remove, cover or otherwise obscure any form of advertisement included on the Platform;
Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Platform except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
Share information of non-Members without their express consent;
Infringe or use Khalibre’s or the Platform brand, logos or trademarks, including, without limitation, using the word “Khalibre” in any business name, email, or URL or including Khalibre’s trademarks and logos except as expressly permitted by Khalibre;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
Use bots or other automated methods to access the Platform, add or download contacts, send or redirect messages, or perform other similar activities through the Platform, unless explicitly permitted by Khalibre;
Access, via automated or manual means or processes, the Platform for purposes of monitoring the Platform availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform website;
Attempt to or actually access the Platform by any means other than through the interfaces provided by Khalibre such as its mobile application or by navigating to the Platform URL using a web browser. This prohibition includes accessing or attempting to access the Platform using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including the Platform;
Attempt to or actually override any security component included in or underlying the Platform;
Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Platform infrastructure, including, but not limited to, sending unsolicited communications to other Members or the Platform personnel, attempting to gain unauthorized access to the Platform, or transmitting or activating computer viruses through or on the Platform; and/or
Interfere or disrupt or game the Platform or the Services, including, but not limited to, any servers or networks connected to the Platform, or the Platform search algorithms.
11. Complaints Regarding Content Posted on the Platform Website
We built Khalibre Platform to help you strengthen relationships with trusted people through common learning, a social learning community for like-minded people, and an ability to extend into a broader professional support community. To achieve this purpose, we encourage our Members to share accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, the Platform provides a process for submission of complaints concerning content posted by our Members.
How to Contact Us
If you have questions or comments about this User Agreement, please contact us via email at support@khalibre.com or by physical mail at: Khalibre Pte Ltd, 1 North Bridge Road #18-01 HighStreet Centre, Singapore 179094