TERMS AND CONDITIONS
1. SCOPE AND DEFINITIONS:
1.1 Definitions
- (a) The Sites include www.kurrant.com as well as any related website and mobile applications operated and controlled by Kurrant Pte. Ltd. or any of its subsidiary or affiliates (“Kurrant”) that requires a log-in to access its full content or features.
- (b) The Sites content (“Content”) includes without limitations videos, articles and a tenders database updated regularly, etc…
- (c) The Sites features (“Features”) includes without limitation accessing articles and watching videos, sharing videos, licensing videos, accessing a tender database, filtering the tenders per region, vertical etc…, setting up alerts and notifications, suggesting stories, etc…
- (d) A Shareable Video is a video from the Sites for which a free sharing option is enabled by Kurrant through API connection to social media platforms, URL link or embed link. Shareable Videos are typically trailers and short videos.
- (e) A Non-Shareable Video is a video from the Sites for which a free embed or sharing by API option is not enabled by Kurrant
- (f) A Licensed Video is (i) an embed code or (ii) a video file of a Non-Shareable Video provided by Kurrant during the term of the Subscription (if not defined otherwise in the Order Form) for a fee or for free. A Video License can be embedded or uploaded, where technically possible, on the Subscriber or Subscriber’s organization’s websites, blogs and social media only. A Video License duration can be extended on request and subject to Kurrant agreement and potential additional fee to be decided by Kurrant in its sole discretion. Use of a Licensed Video is detailed in section 11 of the T&Cs.
- (g) A user (“User”) is an individual who can access and use the Sites as well as part or all of the Content and the Features. Some Content and Features are accessible only for certain Subscribers’ Users depending on their Subscription benefits.
- (h) A Subscriber (“Subscriber”) can be either an individual with one user which is the Subscriber (“Personal Subscriber”) or a public or private organization with multiple Users (“Corporate Subscriber”)
- (i) A Subscription provides the Subscriber’s User(-s) (i) a yearly access to certain Content and Features of the Sites reserved to Subscribers and to one or more Additional Services as indicated in the Order Form. Subscription can be either purchased for a fee or obtained for free (subject to eligibility) by a Personal Subscriber (“Personal Subscription”) or a Corporate Subscriber (“Corporate Subscription”).
- (j) Additional Services include without limitations (i) Access to Kurrant online roundtables (ii) Possibility to suggest stories (iii) One or more licensed Videos, and (v) Premium tender analysis services.
- (k) A Trial is an access to certain Content and Features reserved to Subscriber during a limited period up to six months that can be obtained for free by a Personal Subscriber (“Personal Trial”) or a Corporate Subscriber (“Corporate Trial”)
1.2 These Terms and Conditions (“T&C”) apply to:
- (a) the purchase or obtention for free of a Subscription
- (b) the purchase of Additional Services not included in the Subscription
- (c) the access by users through the Subscriber’s Subscription or Trial (“User” or “Subscriber’s User”) to the Sites as well as the use of the Sites, their content and features
- (d) The use of the Additional Services including Licensed Videos
2. ACCESS TO CONTENT AND FEATURE
To access the Content and Features of the Site a User shall first fill and submit the Sign-up Form (“Sign-up Form”) on Kurrant’ Sites and accept the T&C. As indicated above, some Content and Features are accessible only for certain Subscribers’ Users depending on their Subscription benefits.
3. PURCHASE OF SUBSCRIPTION AND ADDITIONAL SERVICES
The purchase of a Subscription and Additional Services (“Order”) becomes valid only after the reception by Kurrant, through the Sites or by email of a completed and signed or digitally signed Order Form as provided or generated on the Sites by Kurrant (“Order Form). The Subscription’s and Additional Services’ scope, benefits, limitations and fees are described in the Order Form. If a Subscriber requires the use of a purchase order or purchase order number, the Subscriber must provide the purchase order number in the Order Form and agrees that the Order is subject exclusively to the T&C and any terms and conditions on a purchase order will not apply to the Order and are null and void.
Payment can be made on the Sites by credit or debit card, an online wallet or by bank transfer after reception of an invoice generated by Kurrant following reception of the Order Form. In case the proof of payment is not received by Kurrant the same day for any online payment made on the Site or 15 days after issuance of the invoice, the Subscription will be canceled.
4. ORDER TERMS CONFIDENTIALITY
Quotes, Fees and all the Order terms as indicated in the Order Form (“Order Terms”) are negotiated between the Subscriber and Kurrant and may be unique to the Subscriber. Therefore, and except as otherwise provided by law, Subscriber shall keep all commercial offer and arrangement and the Order Terms confidential for a period of no less than three (3) years from the date of signature of an Order Form.
5. TRIAL ELIGIBILITY
Are only eligible to obtain a free Trial, (i) Media and PR agencies, (ii) individuals employed by or partners in investment and analyst firms and any organization or (iii) any individual or Organization who is made eligible by Kurrant in its sole discretion. The Subscriber shall submit, on one of Kurrant’ Sites, a Registration Form (“Registration Form”) including all the required details as defined by Kurrant, accept the T&C and when required provide billing details and payment details. The Free Trial shall become valid only after approval by Kurrant by writing or by automatic approval on the Sites.
6. CORPORATE SUBSCRIBER’S USERS ACCESS AND MANAGEMENT
Corporate Subscriber is responsible for (i) granting his Subscriber’s Users access to the Sites’ Content and Features to which the Subscription gives access, (ii) for the use of the Sites Content and Features as well as any Additional Services by the Subscriber’s Users and for (iii) all information, data, text, messages, or other materials that Subscriber’s Users post or otherwise transmit via the Sites.
Corporate Subscriber can only grant access to the Sites to members or employees of its organization except if Subscriber purchased a Multiple Organization Access and subject to the limitations indicated in the corresponding Order Form. A Subscription includes a limit on the number of Users as indicated in the Subscription Order Form. Subscriber will ensure that each User is issued its own credentials using his professional email as an identifier and that credentials are not shared by more than one User. The Subscriber communicates to its Users a copy of the T&C and ensures that any Subscriber’s User comply with the T&C, and that the Subscriber remains responsible for any action taken by the Subscriber’s Users.
7. PASSWORDS
Certain parts of the Sites may require a password to enter. Subscriber is responsible for all acts or omissions that occur on their account while their User(-s) password is being used. Kurrant reserves the right to access and disclose any information, including, without limitation, usernames of accounts and other information, to comply with applicable laws and lawful government requests.
8. COPYRIGHT OWNERSHIP
The Sites contain copyrighted material, trademarks and other proprietary information, including videos but also comments, articles, information, catalogs, brochures, data, text, software, photos and graphics (“Content”). This Content is subject to copyrights owned by Kurrant and other individuals or entities and is protected by international copyright laws.
9. TRADEMARK RIGHTS
The names, trademarks, service marks, and logos of Kurrant belong exclusively to Kurrant Pte. Ltd. and/or its subsidiary and affiliates and/or shareholders and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on the Sites confers on the Subscribers and Subscriber’s users any license or right under any patent or trademark of Kurrant or any third party.
10. USE OF THE SITES & THEIR CONTENT
The Users may use the Sites and the Content of the Sites only for the purpose of (i) personal learning and entertainment; and (ii) internal sharing with their colleague, employees, and stakeholders during meetings and workshops. In addition, for marketing and promotion purpose only, and subject to the Subscription benefits and limitations as described in the order Form, the Subscriber’s Users can share Shareable Video on the Subscriber’s websites and social media as well as their own social media so long as they do not remove Kurrant logo, copyright and other proprietary rights notices that are contained in the video. In any case, no videos should be downloaded and/or posted or shared outside the Sites if it is not explicitly indicated and authorized by writing on the Sites by Kurrant.
The Subscriber and the Users may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of the Sites or any portion of such Content. Subscriber and Users may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Sites or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content. The Subscriber and Users may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. Any use of the Content not expressly permitted by these T&C is a breach of the T&C and may violate international copyright, trademark, and/or other laws. If a Subscriber or User violate these T&C, the Subscription and permission to access and use the Sites their Content will automatically be terminated and the Subscriber and the User must immediately destroy any copies they have made of any portion of the Content.
The Subscriber will use reasonable efforts to prevent any unauthorized use of the Sites and the content of the Sites and will immediately notify Kurrant in writing of any unauthorized use that comes to Subscriber’s attention. If there is unauthorized use by a Subscriber’s User or anyone who obtained access to certain Content or Features directly or indirectly through the Subscriber’s Subscription, the Subscriber will take all steps reasonably necessary to terminate the unauthorized use. The Subscriber will cooperate and assist with any actions taken by Kurrant to prevent or terminate unauthorized use of the Sites and the Content.
11. USE OF A LICENSED VIDEO
Subject to the T&C and the Order Form or the Registration Form, a Video License purchased by a Subscriber for free or for a fee as Additional Services or part of a Subscription, provides the Subscriber with a limited, non-exclusive, non-transferable, non-sublicensable right to publish the corresponding Non-Shareable Video during the term of the Subscription and on the Subscriber’s websites, blog, and social media only. Sharing of the embed code or the video file with any third party or after the Subscription Termination is considered as a breach of the T&C.
A Licensed Video provided as a video file will be shared with the Subscriber (i) using a drive set-up by Kurrant and/or (ii) by directly downloading it on the Sites following an authorized process or feature if and when made available by Kurrant. No Licensed videos should be downloaded from the Sites or through an embed code provided by Kurrant if not explicitly indicated and authorized by writing on the Sites by Kurrant.
The Subscriber and the Users may not modify, edit, cut, reproduce, copy, transmit, translate, sublicense, assign, transfer, sell, loan, or otherwise distribute in any way and format a Licensed Video. The Subscriber and the Users may also not remove Kurrant logo, copyright and other proprietary rights notices that are contained in the video and may not circumvent any mechanisms included in the Licensed Videos for preventing the unauthorized full or partial reproduction or distribution of the Licensed Videos.
At the end of the Subscription Term or in the case the Subscription is Suspended or Terminated by Kurrant under sections 10 and/or 17 of the T&C’s the Subscriber shall remove all Licensed Videos from his websites and social media or any Subscriber’s media where a Licensed Video was published and must immediately destroy any video file and embed code of a Licensed Video. Non-removal of a Licensed Video from the Subscriber websites, blogs, and social media and any other Subscriber’s media where it was published will automatically trigger the renewal of the Subscription and the corresponding invoicing by Kurrant.
Any use of the Licensed Videos not expressly permitted by these T&C is a breach of the T&C and may violate international copyright, trademark, and/or other laws. If a Subscriber or User violates these T&C, the Subscription and permission to access and use of the Sites and the Licensed Videos will automatically be terminated and the Subscriber and the User must immediately destroy any video file and embed code of Licensed Video and any copies they have made of any portion of the Licensed Video.
The Subscriber will use reasonable efforts to prevent any unauthorized use of the Licensed Video and immediately notify Kurrant in writing of any unauthorized use that comes to the Subscriber’s attention. If there is unauthorized use by a Subscriber’s User or anyone who obtained access to the Licensed Videos directly or indirectly through the Subscriber’s Subscription, the Subscriber will take all steps reasonably necessary to terminate the unauthorized use. The Subscriber will cooperate and assist with any actions taken by Kurrant to prevent or terminate unauthorized use of a Licensed Video.
12. PRIVACY
12.1 Definitions:
“Applicable Data Protection and Privacy Laws” means applicable national data protection and privacy laws and, to the extent applicable, the GDPR.
“GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
12.2 Data collection and processing
Kurrant will access and otherwise process certain categories of personal data (or personally identifiable information, as defined in the Applicable Data Protection and Privacy Laws, hereinafter “Personal Data”) from the Subscriber’s Users, for the sole and unique purpose of providing Subscriber and Users access to and use of the Site and achieving the goals and executing this Agreement (the “Purpose”).
The Subscriber shall only share the minimum amount of Personal Data necessary for the Purpose with Kurrant and represents and warrants that it has complied with all applicable information obligations vis-à-vis the data subjects (as defined in the Applicable Data Protection and Privacy Laws) and has obtained, to the extent necessary, all consents and authorizations to lawfully share Personal Data with Kurrant.
The Subscriber undertakes to liaise, coordinate, cooperate and provide all reasonable assistance, data or information as may be reasonably required by Kurrant, and as required to comply with any legal or regulatory obligations or in respect of any complaints, inquiries, investigations or requests that Kurrant may receive from a third party, a data subject or any legal or regulatory authority in relation to the transfer of Personal Data. This includes in particular the Subscribers’ obligation to cooperate in order to fulfil the data subject rights under the Applicable Data Protection and Privacy Laws.
13. LICENSE GRANT
If a Subscriber or a Subscriber’s User makes any submission or communications on the Sites, including submitting story ideas for the platform, the Subscriber and the Subscriber’s Users automatically grant, or warrant that the owner of such content has expressly granted Kurrant, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Kurrant may sublicense its rights through multiple tiers of sublicenses.
14. LINKS TO EXTERNAL SITES
The Sites may contain links to other web sites. Kurrant is not responsible for the availability of these external sites nor do Kurrant endorse the activities or services provided by these web sites. Under no circumstances shall Kurrant be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a Subscriber’s User in connection with the use of or reliance on any content, goods or services available on such external web sites.
15. TERM
15.1 Trial Term
Trial Term when applicable can be up to 6 months as decided by Kurrant in its sole discretion and indicated in the Order Form or the registration confirmation provided by Kurrant by email or automatically on the Sites after the Subscriber has submitted a Registration Form or an Online Order Form.
15.2 Subscription Term
Initial Subscription term (“Initial Subscription Term”) is one year and will be renewed on a yearly basis (“Renewal Term”).
15.3 Subscription’s Automatic Renewal
Following the Initial Subscription Term or a Renewal Term, the subscription to the Services will automatically renew for a Renewal Term, unless either Party gives the other written notice of termination at least thirty days prior to the expiration of the then-current Subscription term.
15.4 Additional Services Term
Unless agreed otherwise in writing by the parties, any Additional Services included in the Subscription will be renewed along with a Renewal Term. The Term of Additional Services not included in the Subscription and purchased additionally by the Subscriber will be as indicated in the corresponding Order Form or Online Order Form.
16. RIGHT TO SUSPEND OR TERMINATE
Kurrant has the right to immediately suspend or terminate these T&C as well as a Subscription, Trial, or User’s access to the Sites and/or a Licensed Video if Kurrant, in its sole discretion, considers any use or actions to be unacceptable, or in the event of any breach by a Subscriber or a User of the T&C or if Kurrant reasonably and in good faith believes such suspension or Termination is necessary to prevent unauthorized use of the Sites or the Video License or to prevent an ongoing violation of any applicable laws or regulations. In addition, if Subscriber fails to timely pay any fees in accordance with the terms of the Order Form and the T&C, Kurrant may, without limitation to any of its other rights or remedies, suspend or terminate the Subscriber subscription and Subscriber’s Users’ access to the site. The provisions of Sections 3, 7, 8, 9, 10, 11, 12, 16, 17, 18, 19 and 20 shall survive suspension or termination of these T&C.
17. PAYMENT
17.1 Payment by Bank Transfer:
17.1.1 Invoicing
Upon reception by Kurrant of a signed or digitally signed Order Form and at the beginning of every Renewal Term, Kurrant will invoice in advance the Subscription fee (“Subscription Fee”) and any fee related to Additional Services (“Additional Services Fee”) in the currency indicated in the Order Form minus any applicable discount indicated in the Order Form or agreed by writing. Kurrant may revise the Subscription Fee and Additional Services Fees by providing the Subscriber at least forty-five days’ notice prior to the next invoice.
17.1.2 Payment
All invoices whether related to the purchase of a Subscription or any Additional Services not included in the Subscription should be settled within 30 days pursuant to its issuance by Kurrant. Kurrant may, in accordance with section 17 of the T&C, suspend or terminate the Subscription or any Additional Services if the invoice is past due.
17.2 Payment by credit/debit card or online wallet:
17.2.1 Payment
Upon completion and submission of an Order Form including payment details by email or on any of Kurrant’s Sites or at the end of a Trial and at the beginning of every Renewal Term, Kurrant will charge the Subscription fee (“Subscription Fee”) and any fee related to Additional Services (“Additional Services Fee”) yearly in advance if not indicated differently in the Order Form and using the payment details provided by the Subscriber and in the currency indicated in the Order Form. Kurrant may revise the Subscription Fee and Additional Services Fees by providing the Subscriber at least forty-five days’ notice prior to the next invoice.
17.2.2 Invoicing
All invoices whether related to the purchase of a Subscription or any Additional Services not included in the Subscription will be provided automatically on the Sites, on which the Order Form was submitted or by email within 10 days pursuant to payment issuance by Kurrant.
17.3 Refund
Subscription Fees and Additional Services Fees are not refundable.
17.4 Taxes
All fees are exclusive of taxes. Kurrant will charge taxes when required to do so. Customer will pay Kurrant net of any applicable withholding taxes.
18. MARKETING
The Subscriber allows Kurrant to mention and promote the User, the Subscriber and/or the Subscriber organization’s name and logo (when applicable) as well as any testimonial provided by writing or on-camera as a reference client on Kurrant and its affiliates’ marketing material, website, and social media.
19. DISCLAIMER OF WARRANTIES
The Sites are provided to you on an AS IS and AS AVAILABLE basis. Kurrant disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Sites, or the availability and reliability of any other client software. Kurrant does not guarantee that the Subscribers and Subscriber’s Users will be able to access or use the Sites (either directly or through third-party networks) at all times or locations of their choosing. Kurrant also reserves the right to modify, suspend or discontinue the Sites with or without notice at any time and without any liability to you.
Kurrant does not, at no time, guarantee the availability on the Sites of (i) a minimum number of videos or (ii) a minimum number of Shareable Videos. Kurrant does not guarantee the availability of (i) any type of video content or (ii) any video format, including length, image quality, etc. Kurrant does not commit or guarantee to produce any video from the story ideas submitted by Subscribers or Users on the Sites or directly to Kurrant.
Kurrant, does not endorse and makes no warranty regarding the accuracy or reliability of any opinion, information, advice or statement on the Sites. Under no circumstances will Kurrant be liable for any loss or damage caused by your reliance on information obtained through the content on the Sites. It is the Subscriber and the Subscriber’s Users’ responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the sites.
20. LIMITATION OF LIABILITY
In no event shall Kurrant, its partners, sponsors, advertisers, agents, or licensors, or any third parties mentioned on the Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites, the content, or any communications of the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not Kurrant is advised of the possibility of such damages.
The Subscriber and Subscriber’s users’ sole and exclusive remedy for any other dispute with Kurrant is to discontinue the use of the Sites or any service offered by Kurrant. In no event shall Kurrant’ liability, for any and all claims relating to the use of the sites exceed the total amount of fees that were paid by the Subscriber during a one-year period for the specific service at issue.
21. INDEMNIFICATION
By enabling his Users using the Sites the Subscriber agrees to indemnify and hold Kurrant, its officers, directors, employees, affiliates, agents, attorneys, representatives, and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Sites.
22. CHOICE OF LAW
These Terms and Conditions will be interpreted, construed, and enforced in all respects in accordance with the local laws of Singapore. By Agreeing to these Terms and Conditions, the Subscriber is: (i) Waiving claims that they might otherwise have against Kurrant based on the laws of other jurisdictions, including its own and (ii) irrevocably consenting to the exclusive jurisdiction of the courts of Singapore.