Terms of Service
Effective from 01 November 2018
This Terms of Service govern the use of Kalpha’s platform and services, and applies to all users of Kalpha, including but not limited to learners, sharers, sponsors, or providers of content and information. Please make sure that you read the whole of these terms and conditions, as these terms shall be construed as a legal contract (the “Agreement”) between you, the User (“You” or “Your” or “User”) and Kalpha Private Limited, a company registered and incorporated in Singapore (“Kalpha” or “Company” or “We” or “Us” or “Our”) and all the available services and content of Kalpha’s web-based domain (www.kalpha.io) and mobile application that is available on Android Play Store and Apple App Store (collectively termed as the “Platform”). Your continued use of Kalpha’s mobile platform, includes but not limited to browsing, listing, messaging and transacting on the Platform, constitutes your acceptance of all terms of this Terms of Service.
- DEFINITION OF TERMS
The following terms are used throughout this Agreement and are elaborated for you to understand the precise definitions of the said terms:
- “Kalpha Private Limited” (also “Kalpha”, “Company”, “We”, “Us”, “Our”) shall represent Kalpha Private Limited, a company registered and incorporated in Singapore.
- “Platform” shall represent Kalpha’s web-based domain (www.kalpha.io) and mobile application that is available on Android Play Store and Apple App Store.
- “Services” shall represent the services that Kalpha provides on the Platform which allow Learners and Sharers to arrange with each other to meetup for learning and sharing Skills from each other. Refer to Section 3 “Scope of Services” for details.
- “Users” (also “You”, “He”, “She”) shall represent members of the Platform, including but not limited to, individuals and organisations, and Learners and Sharers. Note that individuals can be a Learner and Sharer simultaneously.
- “Learners” shall represent individuals including but not limited to, students, seekers and applicants, who learns skills from Sharers.
- “Sharers” shall represent individuals including but not limited to, educators, teachers, experts, professionals and enthusiasts, who impart, teach and share his/her Skills with Learners.
- “Skills” shall represent any skill, knowledge and experience that Sharers impart and share with Learners.
- “Sessions” shall represent sharing sessions that are arranged through the Platform and conducted in person between the Learners and Sharers.
- “Listings” shall represent postings of Sessions that Sharers place on the Platform.
- “Sponsors” shall represent carefully selected third parties, individuals or organisations, that paid fees to post advertisements (also “Sponsored Advertisements”) on the Platform with the objective of advertising its product and/or services to the Users.
- SCOPE OF SERVICES
Kalpha is an online platform that operates through a web-based domain (www.kalpha.io), and a mobile application (collectively termed as the “Platform”) that is available on Android Play Store and Apple App Store. Kalpha does not directly offer any services to you, but merely acts a technological avenue for Learners and Sharers to connect, and arrange through the Platform, to meetup for learning and sharing Skills (also “Services”).
Sharers can post Listings with descriptions and details of the Skills that he/she wishes to share. Listings posted by Sharers are not guaranteed by the Platform to receive any interests or engagement from any Learner. Learners can browse the Listings and engage any Sharer for Sessions. Sessions posted can be free or charged at a fee, where the payment is agreed by both the Learners and Sharers.
- RULES OF ACCEPTABLE USE
You shall abide by this Terms of Service on all instances when accessing, interacting and navigating through the Platform. You and your account may face suspension or permanent ban and/or deletion of your account if you use the Services for unintended purposes, which include but not limited to:
- Upload any inappropriate images and videos related but not limited to, act of violence, nudity, and vulgarities.
- Take any action or posting any content that are offensive, abusive, insulting, obscene, or any unethical acts, or any illegal acts.
- Share inappropriate website links and/or third party links without authorized permission from Kalpha on the platform.
- Misprice the session to induce viewership.
- Claim monetary compensation offline after the session instead of electronically via the Platform.
- Collect any information of other Users without his/her consent.
- Mislead other Users with information that are false and ambiguous for personal interest.
- Impersonate as a Sharer or Learner with a false persona.
- Use a free account instead of paying a fee for use of the Platform as a business.
- Use the Services to share contents that are of religious nature and affiliate/ social/ network/ multi-level marketing purposes.
- Upload any Listing that violates any privacy, copyright, trademark or other intellectual property rights.
- Upload any harmful software such as malware, viruses, phish, spyware.
- Violate, with or without intentions, any applicable laws, rules or regulations pertaining to the use of the Services, including but not limited to fraud, hack, theft and defamation.
- Commit any act that circumvent the Platform’s intended processes, including but not limited to avoiding paying any applicable fees or promoting your business, individual or organisation, through a Listing instead of a Sponsored Advertisement.
- Use the Services for any purpose that it is not designed for.
- SERVICES ACCESS
To be eligible as Users to use the Services, you acknowledge and agree that:
- Users are recommended to be of the legal age of 18 years or older. You shall declare that you are of legal age or under the supervision of a guardian/ parent that is of legal age. Kalpha reserves the right to deny access to the Platform by applicants under the legal age of 18. Kalpha is not obligated to deny any User access upon recommendation of any particular User(s).
- Kalpha has exclusive right and is entitled to deny any User access based on Kalpha’s sole discretion, for events including but not limited to performance of unlawful activities and performance of activities reasonably deemed by Kalpha to be detrimental and/or harmful to the Platform and the other Users.
Kalpha believes that non-certified professionals are qualified to share his/her Skills. Passionate individuals adept with any particular Skill are allowed to use the Platform to share his/her Skill. For Sharers, you acknowledge and agree that:
- You have sufficient knowledge and capacity to impart your Skills to your potential or actual Learners, as per stated in your profile and Listing(s). For specific Skills that required special license(s) to be eligible for teaching or sharing, you are warranted to have such necessary license(s) to share these Skills with the Learners.
- You do not need to submit any proof of certification to Kalpha. Hence, you are strongly recommended to elaborate on your real-life experiences and expertises in your profile and Listing(s).
- Kalpha does not verify, endorse, represent, guarantee or liable for the completeness, accuracy and/or truthfulness of your information and quality or performance of your Session. Kalpha does not have any control of such disclosed information. You are responsible to provide complete, accurate, truthful and up-to-date information.
- If you represent an organisation, you are not allowed to post Listings as a Sharer, but are required to post Sponsored Advertisements as a Sponsor. Kalpha has the right to retroactively charge you fees dating from the time you have started using the account. You and your account may be suspended, terminated and/or terminated from the use of the Services, based on Kalpha’s sole discretion.
In relation to the creation and maintenance of your account, you acknowledge and agree that:
- You are responsible for all activities conducted under your account. All activities performed by the account is restricted only to the registered User. Sharing of account is strictly prohibited. You are not allowed to set up more than one account, transfer or sell your account to another party.
- You need to provide complete, accurate and truthful account information and keep these information up-to-date in the Platform.
- In any possible circumstances and event, Kalpha will never inquire about your account information such as password through email, phone call or any other medium. You are responsible to safeguard your own username and password. In the event of disclosure of account details to third parties, please change your password and if necessary, and consider reporting the disclosure to us.
- The Platform is free to use for all Users, provided that you are not an organisation which is obligated to pay a fee for use of the Platform as a business.
- Kalpha does not control or supervise, and is not responsible for the information provided, inquiries, engagements and other interactions between Users and accounts.
- NO ENDORSEMENT
Kalpha does not verify, endorse, represent, guarantee or is liable for any information provided by any Users on the Platform, including but not limited to Listings, profiles and chat conversations, to be complete, accurate and/or truthful as Kalpha does not have control of such personal information. Kalpha also does not guarantee that Users are authentic and real, and that Users will perform to the best interest of other Users, and/or will not perform unlawful acts.
Kalpha has no control and does not guarantee the actions and performance of both the Learners and Sharers and his/her Sessions. All liabilities pertaining to his/her engagements, including but not limited to contacting, meeting and payment, between both the Learners and Sharers shall be directly transferred to the respective party. Kalpha accepts no liabilities pertaining to the lack of assistance, and lack of payment, and quality or attendance or actions of Users.
- PAYMENT SERVICES
Kalpha currently do not facilitate the payments between learners and sharers. Users are to exercise discretion when making payments to other Users. Kalpha is not responsible for the payment (or lack of) from the Users.
Kalpha engages carefully selected third parties to place Sponsored Advertisements on the Platform based on Kalpha’s sole discretion. Sponsored Advertisements may lead Users to other sites, platform and/or medium. You are strongly recommended to take precaution and peruse Sponsored Advertisements disclaimer before engaging its services. Kalpha does not hold any responsibility beyond the scope of the Platform and shall not be held liable to represent or endorse any Sponsors.
- REVOKING OF ACTIONS
You are responsible for your own action(s) while using Kalpha. You are not allowed to revoke your actions related but not limited to transactional matters, confirmation of Sessions and chatting with other Users. Kalpha shall not be liable for any mistakes made by the Users. If remedies of such actions incur any relevant cost, Users shall borne them instead of Kalpha.
You hereby grants Kalpha a non-exclusive, non-revocable, perpetual, royalty-free, and fully assignable right and license to use, publish and communicate to the public, change any uploaded content to the Platform, including but not limited to texts, pictures, video files, audio files and drawings (collectively termed as the “Media”) to the fullest extent allowed by applicable law.
Kalpha hereby grants all you a limited, temporary, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Platform and the Services, including but not limited to engaging with other Users and gathering the information you use for your own private, non-commercial and non-corporate purposes.
- COPYRIGHTS, TRADEMARKS AND INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, patents, trademarks, and other intellectual property rights shall remain the property of Kalpha and you are not granted any of these rights. All assets such as logo, name, relevant information and details of Kalpha are subjected to Kalpha’s copyrights and trademarks. You are not allowed to use any of Kalpha’s copyrights and trademarks in any manner, including but not limited to advertising, publicity or other manners, without seeking permission for usage from Kalpha. The definition for seeking permission from Kalpha means to explicitly indicate the intention of use of trademarks and/or contents, and receive valid authorised written consent with signature from Kalpha for its intended purpose only.
- PRIVACY AND INFORMATION PROTECTION
Your access shall be restricted and/or terminated by Kalpha in event(s) including but not limited to you being non-compliant of this Agreement and where Kalpha reasonably believes that you are acting in any harmful and/or illegal ways towards Kalpha, other Users and any other third party. The termination will apply to this whole Agreement but some clauses may survive the termination.
To the best of Kalpha’s capabilities, Kalpha seeks to ensure availability of the Platform and Services. Kalpha does not guarantee the availability and shall not be liable for not providing availability in event(s), including but not limited to downtimes due to situations beyond Kalpha’s control, or unexpected downtimes or regular maintenance downtimes.
Kalpha shall have the right, but not the obligation, to participate in disputes between Learners and Sharers, if any. Kalpha shall, with due diligence, investigate the dispute and objectively resolve the problem within its legal boundaries. In addition, if required, Kalpha shall mediate the parties involved and continually seek to resolve any disputes peacefully. And only if disputes cannot be resolved, Kalpha shall hand the case to the relevant governmental bodies for resolution without further involvement. Only if necessary, Learners and Sharers are then recommended to introduce legal tools for mediation and arbitration.
- NO WARRANTY
You acknowledge and agree that the Services are provided solely on an “As is” and “As available” basis, and your use of the Services is at your sole discretion and risk. Kalpha does not represent or warrant that: the Platform and the Services are error-free or uninterrupted in any way, and any engagements, quality of the Sharers, performance of the Sharers, payment of Learners, conduct of the Learners and Sharers, legality or regularity of any offered services between Users, which are displayed, available or accessible through the Platform. You shall assume all liability for damages as a result for a false, misleading or wrong description of Sessions, Users information or any other related information.
All conditions, representations and warranties, whether written, oral, express, implied or statutory, including but without limitation, any implied warranties of merchantability, satisfactory quality, suitability, non-infringement, fitness for a particular purpose with regards to the use, misuse or inability to use the Services and the Platform, are hereby excluded and disclaimed to the maximum extent permitted by any relevant future or present law.
- LIMITED LIABILITY
In no event shall Kalpha, its affiliates, partners, licensors, shareholders, employees, independent contractors and agents, and/or all other associated partners be liable for any abnormal occurrence of circumstances and events that results in a non-favourable interest to the Kalpha and/or the Users through the use of the Services. Abnormal occurrence of circumstances and events includes but not limited to the loss of connection to the Platform, Platform’s server and system issues, and any similar events that deems the Platform unavailable. Further, abnormal occurrences are also deemed as incidences, damages and consequential damages resulted from engaging services from other Users on the Platform, including but not limited to, performance or non-performance of any services engaged between Users through the Platform, and the conduct and actions of Users whether online or offline. Non-favourable interest may include but not limited to the realized or potential loss of profit, physical or psychological harm, loss of data, and loss of content. Even if the damages were foreseeable and/or if Kalpha was advised of the possibility of such damages, you hereby agree to assume total responsibility and all liability from using the Platform and the Services. Where applicable law may not allow the limitation or exclusion or liability or incidental or consequential damages, Kalpha’s aggregate liability arising out of or in any related to these terms shall not exceed the amount in Singapore Dollars received by Kalpha that is paid by such User.
You also acknowledge and agree that the only right related to any problems or dissatisfaction with the Services is to request for the termination of your account and/or discontinue the use of the Services, along with the deletion of your information. You shall use the Platform and the Services, and/or engage other Users at your sole discretion and risk.
- PLATFORM INDEMNITY
You agree to keep Kalpha, its affiliates, partners, licensors, shareholders, employees, independent contractors and agents, and/or all other associated partners, indemnified from claims of loss and/or damage from any activities in the course of the use of the Platform and Services, including but not limited to your upload of content in your profile and Listing(s), your use of your account, your breach of these terms and your violation of any applicable laws. Any disputes which result in claims between Learners and Sharers, directly or indirectly, shall be relieved from Kalpha and the Platform. Similarly, efforts to resolve disputes are too relieved from Kalpha. All non-authorized use of the Platform and Services which result in problems and disputes are also beyond the obligation of Kalpha and hence, indemnified.
You acknowledge and agree that any breach of this Agreement regarding intellectual property, trademarks and/or copyright may constitute potential or immediate harm to Kalpha, its affiliates, partners, shareholders, agents, licensors. In such event, Kalpha shall be entitled to seek injunctive relief without any other requirements or requisites. In cases that any legal action is raised, Kalpha may seek for relief, and the prevailing party may seek reasonable legal costs, attorney fees, and other costs.
- GOVERNING LAW
You agree this Agreement is governed by the applicable laws of Singapore and that the Singapore courts shall have non-exclusive jurisdiction over any cases in related to this Agreement.
Kalpha does not represent the best interest of any of the parties and shall not be obligated to participate in any kind of arbitration, claims, litigation, counterclaims, or other dispute, legal or non-legal, between the Users.
If any provision of this Terms of Service is interpreted or held to be invalid or unenforceable, all remaining provisions of this Terms of Service remain enforceable and remain in effect for all purposes.
- NO WAIVER
Any delay or failure by Kalpha to exercise a right or perform an obligation in relation to the terms of this Agreement, shall not be constructed as a waiver to exercise such right or perform such obligation. Thereafter Kalpha shall be able to exercise such right or perform such obligation at any time. The waiver of a breach of the terms to this Agreement shall not constitute a waiver of any subsequent breach.
You may not assign any of your rights or obligations to other Users or third parties, without Kalpha’s expressed and explicit consent. Kalpha is allowed to assign this Agreement to another third party at any time.
- FORCE MAJEURE
Any delay or failure in the performance of any duties or obligations of Kalpha caused by events including but not limited to shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party shall not be considered a breach of this Agreement. Kalpha shall use reasonable efforts to notify other party of the cause of such delay and to resume performance of the duties or obligations as soon as possible. In such events, you are not exempted from your expected duties or obligations such as payments.
- REVISIONS OF TERMS OF SERVICE
Kalpha reserves the rights to change any part of the Platform and this Terms of Service. Any change shall be addressed and updated as per Kalpha’s sole discretion. If Kalpha believes that the changes are significant, you shall be notified in the best possible ways. Best possible ways are defined as an announcement on the Platform, Electronic Direct Mail (EDM) and push-notifications. You are recommended to peruse and understand any of the changes and abide to the new Agreement. If any conflict of interest or disagreement occurs due to the amendment, you can notify Kalpha to discontinue your account. Without any confirmation to agree to the changes, you are automatically deemed as you have understood and consent to the changes.
- THIS AGREEMENT
The terms in this Agreement are construed as final to all Users and relevant parties respecting the subject matters. This Agreement supersedes all prior discussions, in writing or oral, respecting the terms and condition set forth.