Terms and Conditions of Use

Last updated: Jan 31, 2023

Please read these Terms and Conditions carefully before using Our Service.

1. Interpretation and Definitions

1.1 Interpretation

In these Terms and Conditions:

(a) a reference to a statute or other legislation includes regulations and other instruments under it, as may be amended from time to time;

(b) references to any agreement or document in these Terms and Conditions shall include references to such agreement or document as from time to time amended or modified;

(c) references to “days” and “months” in these Terms and Conditions means calendar days/months; and

(d) the headings in these Terms and Conditions are for convenience only and shall not affect the interpretation and construction hereof.

(e) words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2 Definitions

For the purposes of these Terms and Conditions:

(a) Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to BE UNBOUND PTE. LTD., 160 Robinson Road, #14-04 Singapore (068914).

(b) Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

(c) Service refers to such content, functionality, services, and products, offered on and through the Kempus platform, accessible from https://kempus.com

(d) Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

(e) You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Acceptance of Terms

2.1 These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions create a binding contract between You and the Company and set out the rights and obligations of all users regarding the use of the Service.

2.2 Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read our Privacy Policy carefully before using the Service.

2.3 The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, the Company will make reasonable efforts to provide prior notice to You. What constitutes a material change will be determined at the Company’s sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, you must immediately discontinue your use of the Service.

3. The Services

3.1 The Services constitute the Kempus platform and the content, products, and services provided thereon. The contents, products, and services include:

(a) Content creation, posting, and storing. Including, but not limited to, written text, and visuals.

(b) Submission of reviews/feedback on course content written by You.

(c) A points system, with accumulation/deduction thereof, based on activity on the Kempus platform.

(d) A “Guest View” function (as detailed in 3.8 below).

3.2. Licence

(a) The Company hereby grants you a revocable, personal, non-commercial, non-exclusive and non-transferable licence to use the Services.

(b) Unless otherwise agreed with the Company, you are only permitted to use the Services on a Device owned by you, or under your personal control, for the sole purpose of performing the functions on the Kempus platform and accessing Services for your personal non-commercial use, subject to these Terms and Conditions. Unless set out in these Terms and Conditions, no other right, license or permission is granted to you in relation to the Services and your use of the same.

(c) The Services and any portion hereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited or otherwise exploited for commercial purposes without the express consent from the Company. Any unauthorised use terminates the license granted by the Company. 

3.3. Restrictions

You shall not:

(a) use, download, sync, or copy the Services other than as permitted by these Terms and Conditions; 

(b) rent, lease, lend, sell redistribute, sublicence, or otherwise transfer the Services other than as expressly permitted by these Terms and Conditions; 

(c) copy, reproduce, translate, adapt, vary, modify, reverse engineer, disassemble, attempt to derive the source code of or creative derivative works of the Services, or any part of it, except only to the extent that the applicable law provides that such cannot be prohibited; 

(d) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; 

(e) attempt to gain unauthorised access to or impair any aspect of the Services or their related systems or networks; 

(f) use Services for any fraudulent, illegal, or improper purposes or to violate any person’s rights, or in any way which may affect other users’ enjoyment or access to any Services or cause irritation, annoyance, disturbance, embarrassment, nuisance, harassment, inconvenience, or anxiety to anyone;

(g) use Services to transmit any content which contains viruses, worms, Trojan horses, or any other harmful, destructive, or adverse component or programming routine that may interrupt, disrupt, congest, adversely impact or harm the network, the Services, or the systems or networks of other persons; or 

(h) use the Services for any unlawful purpose whatsoever, or any other purpose not authorised by these Terms and Conditions.

3.4 Third Party Services and Content

The Services may be made available to, or accessed by, third-party services and content (including advertising) that the Company does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. The Company does not endorse such third-party services and content and You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

3.5 Network Access and Devices

You are responsible for acquiring and updating a compatible Device necessary to access and use the Services and any updates thereto. The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

3.6 Ownership

(a) The Service is protected by copyright, trademark, and other laws of the Republic of Singapore.

(b) The Services and all rights therein are and shall remain the Company’s property or the property of the Company’s licensors (as the case may be). Neither these Terms and Conditions nor the use of the Services convey or grants you any rights: (i) in or related to the Services except for the limited licence granted above; or (ii) to use or reference in any manner the Company’s name/ brand, logo, product and service name(s), trademarks or services marks, or those of the Company’s licensors.

(c) In addition, the Company’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

(d) The Company will own any and all feedback, suggestions, ideas, or other information or materials regarding the Company or the Services that you provide, whether by email, through the Services or otherwise (“Feedback”). You hereby assign to the Company all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.

3.7 Content Contribution

(a) The Services may contain content, information, text, or other materials contributed by users of the Kempus users, including content created with or submitted to the Kempus platform by You or through your Account (collectively, “Contributions”).

(b) By submitting Your Contributions to the Kempus platform, You acknowledge that You are solely responsible for Your Contributions, and grant the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Contribution. 

(c) The Company has no obligation to screen, edit, or monitor Contributions, and is not responsible for ensuring the factual accuracy of the Contributions provided by its users, although it may at its sole discretion delete or remove Contributions at any time and for any reason. The Company does not, and You acknowledge that the Kempus platform does not, guarantee the quality or accuracy of the Contributions and recommend that You exercise your discretion when relying on such Contributions from other users. The Kempus platform strictly provides a platform to allow its users to share their Contributions and for You to access, view and read such Contributions. The contents, including the Contributions, on the platform are displayed for general information only and should not be relied on. The Company is neither responsible nor liable for any allegations, opinions, reviews, recommendations of other users in such Contributions.

3.8 “Guest View” Function

(a) Contributions may be viewed not only by users with an Account (defined in 4.1 below) but also by users accessing the “Guest View” function, subject to the following limitations:

(i) Under the “Guest View” function, the Contributions which visitors may view shall be subject to such restrictions (including but not limited to restrictions as to quantity and type of Contributions) as Kempus may in its sole discretion determine.

(ii) Access through “Guest View” is confined to viewing Contributions and does not extend to content creation or submissions of any other type, including reviews/feedback on course content.

(b) By using the “Guest View” function, You represent and warrant that you are not using a masked IP address or its equivalent solely for the purpose of securing repeated access to the “Guest View” function and bypassing any restrictions or features of the “Guest View” as Kempus may implement from time to time

4. Account Services

4.1 You must apply for an account with the Company (an “Account”) before using the Services. When you register for an Account, you must provide the information reasonably requested by the Company, and accept these Terms and Conditions, the Privacy Policy and other additional guidelines, rules and conditions as may be notified by the Company to you.

4.2 Each registration is for a single user only and you may only maintain one Account with us, which is not transferable to any other party. Each Account should be linked to a unique and active email address.

4.3 By registering an Account, You represent and warrant that:

(a) as an individual, you are at least of legal age (as stipulated by any applicable law) to enter into these Terms without parental consent; 

(b) as an individual, legal person, or other organisation, you have the ability to enter into and perform legally binding contracts, including these Terms and Conditions and such other ancillary agreements as may be necessary for the Company to provide the Services, under applicable law; 

(c) you have not been previously suspended or removed from using the Services;

(d) you are not resident, located or otherwise attempting to access the Kempus platform or the Services from, or otherwise acting on behalf of a person or legal entity that is resident or located in a country in which the Services are not accessible or prohibited; 

(e) Your use of the Kempus platform and the Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on money-laundering, anti-corruption and bribery, and counter-terrorist financing.

5. Termination

5.1 The Company reserves the right to, without warning, suspend service, or terminate your Account (including blocking access from any IP address), and/or access to the “Guest View” function (defined in 3.8 above), immediately, without prior notice or liability, for any reason whatsoever

5.2 Without limiting the generality of the foregoing, the Company may exercise such right in instances where there has been a breach of these Terms and Conditions, or due to any illegal or inappropriate use of the Services,

5.3 To the extent permissible under the law, the Company will not bear any responsibility for any resultant damages from such suspension, or termination of the Account.

6. Limitation of Liability

6.1 No Representations or Warranties. The Service is provided to You on a "as is" and "as available" basis without representations or warranties of any kind, whether express or implied, including but not limited to warranties of quality or fitness for purpose. 

6.2 Limitation of Liability. To the maximum extent permitted by applicable law, the Company, its affiliates, officers, directors, agents, partners, employers and/or representatives shall not be liable to You or any other person for any direct, indirect, special, or consequential loss or damage arising out of or in connection with the Service, even if the Company has been advised of the possibility of such damage or loss. For the avoidance of doubt, this includes any loss arising out of or in connection with our use of third-party service providers for analytics services.

6.3 Content Contribution. The Company shall not be liable for any damages, liability, or losses arising out of or in relation to any Contributions, or from Your doing or not doing anything as a result of Your viewing, reading, or listening to any such Contributions. For the avoidance of doubt, this includes the use of the “Guest View” function (defined in 3.8 above) for the limited viewing of Contributions.

6.4 Indemnification. You hereby agree to indemnify, hold harmless and defend the Company, its affiliates, officers, directors, agents, partners, employers and/or representatives from any claims, damages, losses, liabilities and all costs and expenses (including legal fees) resulting directly or indirectly from any dispute or claim that arises in connection with Your use of the Service.

7. Governing Law

7.1 These Terms and Conditions shall be governed by and construed according to the laws of the Republic of Singapore. In the event of a dispute relating to these Terms and Conditions, you hereby submit to the exclusive jurisdiction of the Singapore Courts.

7.2 If You choose to use this Service from a location outside Singapore, You do so at Your own risk and are responsible for compliance with the applicable local laws.

7.3 In the event of any dispute or concern arising out of or in connection with the Service, You agree to first try to resolve the dispute informally by contacting the Company at: support@kempus.com

8. Severability and Waiver 

8.1 Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

8.2 Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

9. Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

10. Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

© Be Unbound Pte. Ltd.