1. Introduction
1.1 Contract
When you use our Services you agree to all of these terms. Your use of our Services is also subject to
our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your
personal information.
You agree that by clicking "Join Now", "Sign Up" or similar, registering, accessing or using our services
(described below), you are agreeing to enter into a legally binding contract with KBGPCA (even if you
are using our Services on behalf of a company or an entity). If you do not agree to this contract
("Contract" or "User Agreement"), do not click "Join Now" (or similar) and do not access or otherwise
use any of our Services. If you wish to terminate this contract, at any time you can do so by closing
your account and no longer accessing or using our Services.
Services
This Contract applies to KBGPCA.com, and other KBGPCA-related sites, communications and other services
that state that they are offered under this Contract ("Services"), including the offsite collection of
data for those Services. Registered users of our Services are "Members" and unregistered users are
"Visitors".
KBGPCA
You are entering into this Contract with KBGPCA (also referred to as "we" and "us").
KBGPCA will be the controller of your personal data provided to, or collected by or for, or processed in
connection with our Services.
This Contract applies to Members and Visitors.
As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject
to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy
Policy) and updates.
1.2 Members and Visitors
When you register and join the KBGPCA Services, you become a Member. If you have chosen not to register
for our Services, you may access certain features as a "Visitor."
1.3 Change
We may make changes to the Contract.
We may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make
material changes to it, we will provide you notice through our Services, or by other means, to provide
you the opportunity to review the changes before they become effective. We agree that changes cannot be
retroactive. If you object to any changes, you may close your account. Your continued use of our
Services after we publish or send a notice about our changes to these terms means that you are
consenting to the updated terms as of their effective date.
2. Obligations
2.1 Service Eligibility
Here are some promises that you make to us in this Contract:
You're eligible to enter into this Contract and you are at least our "Minimum Age."
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be the "Minimum Age" (described below) or older; (2)
you will only have one KBGPCA account, which must be in your real name; and (3) you are not already
restricted by KBGPCA from using the Services. Creating an account with false information is a violation
of our terms, including accounts registered on behalf of others or persons under the age of 16.
"Minimum Age" means 16 years old. However, if law requires that you must be older in order for KBGPCA to
lawfully provide the Services to you without parental consent (including using of your personal data)
then the Minimum Age is such older age.
2.2 Your Account
You will keep your password a secret
You will not share an account with anyone else and will follow our rules and the law.
Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not
transfer any part of your account (e.g., connections) and (3) follow the law and our list of Dos and
Don'ts. You are responsible for anything that happens through your account unless you close it or report
misuse.
2.4 Notices and Messages
You’re okay with us providing notices and messages to you through our websites, apps, and contact
information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service,
or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address).
You agree to keep your contact information up to date.
2.5 Sharing
When you share information on our Services, others can see, copy and use that information.
Our Services allow messaging and sharing of information in many ways. Where we have made settings
available, we will honor the choices you make about your account.
We are not obligated to publish any information or content on our Service and can remove it with or
without notice.
3. Rights and Limits
3.1. Your License to KBGPCA
You own all of the content, feedback and personal information you provide to us, but you also grant us a
non-exclusive license to it.
We'll honor the choices you make about who gets to see your information and content.
As between you and KBGPCA, you own the content and information that you submit or post to the Services,
and you are only granting KBGPCA and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process,
information and content that you provide through our Services and the services of others, without any
further consent, notice and/or compensation to you or others. These rights are limited in the following
ways:
1. You can end this license for specific content by deleting such content from the Services, or generally
by closing your account, except (a) to the extent you shared it with others as part of the Service and
they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup
and other systems.
2. We will not include your content in advertisements for the products and services of third parties to
others without your separate consent (including sponsored content).
You and KBGPCA agree that if content includes personal data, it is subject to our Privacy Policy.
You and KBGPCA agree that we may access, store, process and use any information and personal data that
you provide in accordance with, the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding our Services to KBGPCA, you agree that KBGPCA can
use and share (but does not have to) such feedback for any purpose without compensation to you.
You promise to only provide information and content that you have the right to share, and that your
KBGPCA profile will be truthful.
You agree to only provide content or information that does not violate the law nor anyone’s rights
(including intellectual property rights). You also agree that your profile information will be truthful.
KBGPCA may be required by law to remove certain information or content in certain countries.
3.3 Other Content, Sites and Apps
Your use of others’ content and information posted on our Services, is at your own risk.
Others may offer their own products and services through our Services, and we aren’t responsible for
those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete,
delayed, misleading, illegal, offensive or otherwise harmful. KBGPCA generally does not review content
provided by our Members or others. You agree that we are not responsible for others’ (including other
Members’) content or information. We cannot always prevent this misuse of our Services, and you agree
that we are not responsible for any such misuse. You also acknowledge the risk that you or your
organization may be mistakenly associated with content about others when we let connections and
followers know you or your organization were mentioned in the news. Members have choices about this
feature.
KBGPCA may help connect Members offering their services (career coaching, accounting, etc.) with Members
seeking services. KBGPCA does not perform nor employs individuals to perform these services. You must be
at least 18 years of age to offer, perform or procure these services. You acknowledge that KBGPCA does
not supervise, direct, control or monitor Members in the performance of these services and agree that
(1) KBGPCA is not responsible for the offering, performance or procurement of these services, (2) KBGPCA
does not endorse any particular Member’s offered services, and (3) nothing shall create an employment,
agency, or joint venture relationship between KBGPCA and any Member offering services. If you are a
Member offering services, you represent and warrant that you have all the required licenses.
Similarly, KBGPCA may help you register for and/or attend events organized by Members and connect with
other Members who are attendees at such events. You agree that (1) KBGPCA is not responsible for the
conduct of any of the Members or other attendees at such events, (2) KBGPCA does not endorse any
particular event listed on our Services, (3) KBGPCA does not review and/or vet any of these events, and
(4) that you will adhere to these terms and conditions that apply to such events.
3.4 Limits
We have the right to limit how you connect and interact on our Services.
KBGPCA reserves the right to limit your use of the Services, including the number of your connections
and your ability to contact other Members. KBGPCA reserves the right to restrict, suspend, or terminate
your account if you breach this Contract or the law or are misusing the Services.
3.5 Intellectual Property Rights
We’re providing you notice about our intellectual property rights.
KBGPCA reserves all of its intellectual property rights in the Services. Trademarks and logos used in
connection with the Services are the trademarks of their respective owners. KBGPCA, and "in" logos and
other KBGPCA trademarks, service marks, graphics and logos used for our Services are trademarks or
registered trademarks of KBGPCA.
3.6 Automated Processing
We use data and information about you to make relevant suggestions to you and others.
We use the information and data that you provide and that we have about Members to make recommendations
for connections, content and features that may be useful to you. For example, we use data and
information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and
up to date helps us to make these recommendations more accurate and relevant.
4. Disclaimer and Limit of Liability
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
KBGPCA AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY
REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES
(INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT
PERMITTED UNDER APPLICABLE LAW, KBGPCA AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY,
INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS KBGPCA HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT
THAT OVERRIDES THIS CONTRACT), KBGPCA, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH
THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY
STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT)
OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
KBGPCA AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT
EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO KBGPCA FOR THE SERVICES DURING THE TERM OF THIS
CONTRACT, IF ANY, OR (B) US $1000.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and
KBGPCA and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law)
even if KBGPCA or its affiliates has been told of the possibility of any such damage, and even if these
remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross
negligence or intentional misconduct, or in cases of negligence where a material obligation has been
breached, a material obligation being such which forms a prerequisite to our delivery of services and on
which you may reasonably rely, but only to the extent that the damages were directly caused by the
breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in
the context of this Contract.
5. Termination
We can each end this Contract, but some rights and obligations survive.
Both you and KBGPCA may terminate this Contract at any time with notice to the other. On termination, you
lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members and/or Visitors’ rights to further re-share content and information you shared through the
Services;
- Sections 4, 6, 7, and 8.2 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination.
You can mail info@KBGPCA.com to close your account.
6. Governing Law and Dispute Resolution
In the unlikely event we end up in a legal dispute, depending on where you live, you and KBGPCA agree to
resolve it in Indian Court with Mumbai Jurisdiction.
You and KBGPCA both agree that all claims and disputes can be litigated only in the federal or state
courts in India and you and KBGPCA each agree to personal jurisdiction in those courts
7. General Terms
Here are some important details about the Contract.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that
the court should modify the terms to make that part enforceable while still achieving its intent. If the
court cannot do that, you and we agree to ask the court to remove that unenforceable part and still
enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of
the Services) is the only agreement between us regarding the Services and supersedes all prior
agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that KBGPCA has waived its
right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use
of Services) to anyone without our consent. However, you agree that KBGPCA may assign this Contract to
its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to
this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. KBGPCA "Dos and Don'ts"
KBGPCA is a community of professionals. This list of "Dos and Don'ts" along with our Professional
Community Policies limit what you can and cannot do on our Services.
8.1. Dos
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property
laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile; and
- Use the Services in a professional manner.
8.2. Don'ts
You agree that you will not:
- Create a false identity on KBGPCA, misrepresent your identity, create a Member profile for anyone
other than yourself (a real person), or use or attempt to use another’s account;
- Develop, support or use software, devices, scripts, robots or any other means or processes
(including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or
otherwise copy profiles and other data from the Services;
- Override any security feature or bypass or circumvent any access controls or use limits of the
Service (such as caps on keyword searches or profile views);
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or
through third parties (such as search engines), without the consent of KBGPCA;
- Disclose information that you do not have the consent to disclose (such as confidential information
of others (including your employer));
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade
secrets or other proprietary rights. For example, do not copy or distribute (except through the
available sharing functionality) the posts or other content of others without their permission,
which they may give by posting under a Creative Commons license;
- Violate the intellectual property or other rights of KBGPCA, including, without limitation, (i)
copying or distributing our learning videos or other materials or (ii) copying or distributing our
technology, unless it is released under open source licenses; (iii) using the word “KBGPCA” or our
logos in any business name, email, or URL except as provided in the Brand Guidelines;
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code
for the Services or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by KBGPCA without our express consent (e.g.,
representing yourself as an accredited KBGPCA trainer);
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access
to the same, without KBGPCA’s consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on our
Services, without KBGPCA’s consent;
- Use bots or other automated methods to access the Services, add or download contacts, send or
redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the
Services;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the
Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial
of service attack, viruses, gaming algorithms); and/or
- Violate the Professional Community Policies or any additional terms concerning a specific Service
that are provided when you sign up for or start using such Service, and the Bing Maps terms where
applicable.
9. Complaints Regarding Content
Contact information for complaint about content provided by our Members.
We respect the intellectual property rights of others. We require that information posted by Members be
accurate and not in violation of the intellectual property rights or other rights of third parties. We
provide a policy and process for complaints concerning content posted by our Members.
10. How To Contact Us
Our Contact information. Our Help Center also provides information about our Services.
For general inquiries, you may contact us info@KBGPCA.com. For legal notices or service of process, you
may write us at keshav@kbgpca.com.