Gradkin User Agreement

User Agreement

Welcome to Gradkin, owned and operated by Kintuition Pte Ltd. Gradkin is a professional online community designed to connect employers and job seekers. We intend to provide both parties with a fresh and innovative approach to the recruitment process.

The Website is hosted in Singapore.

Kintuition Pte Ltd is the parent organization whose main aim is to foster interpersonal skills and emotional intelligence among Generation Y in Asia. Kintuition has sole proprietary rights to Gradkin.

We are registered in Singapore under company number 200913938N and have our registered office at 10 Anson Road, #26-04, International Plaza, Singapore 079903.

Please read the following Terms of Business carefully before using our Website and/or engaging our Services. By using the Website and/or engaging our Services, you agree to be bound to the following Terms of Business. If you do not agree to be bound by the following Terms of Business then you are not permitted to use the Website or engage our Services.

  1. Definitions

    • The ‘Company’ means Kintuition Pte. Ltd. Herein also referred to as "we", “us”, “our”.
    • The term “User Agreement” or “Terms of Business” apply to the terms of use set out in this document.
    • The ‘Website’ means www.gradkin.com.
    • The “Services” refers to all features, content or applications on offer or made available through the Website.
    • The term “Software” means any software, including any files or images generated by such software, code and data accompanying such software.
    • The term “Contributions” refers to content or material (questions, comments, suggestions, ideas, feedback, postings or other information) in any form on or through the Website.
    • A “Guest” (meaning individuals, including representatives of businesses and legal entities, who have not registered with the Website
    • A “Candidate” refers to tertiary students or recent graduates from Singapore that have registered with the Website.
    • An “Employer” refers to a business or legal entity that has established a profile on the Website.
    • The expression “you’ / “User” therefore refers to Guests, Candidates and Employers.
    • A “Live Employer Profile” is a fully integrated multimedia online profile designed to give Candidates a comprehensive look at the business.
    • A “Live Candidate Profile” is a fully integrated multimedia online profile designed to give Employers a comprehensive look at the Candidate.
    • A “Subscription” means the purchase of a Licence by an Employer to utilise the Gradkin platform.

  2. Terms of Business

    Please read these terms of use carefully before you start to access or use the Website or make use of the Services as they contain important information about your legal rights, remedies and obligations.

    By accessing and/or using the Website, you indicate that you fully accept these terms of use and that you agree to abide by them. You are only authorised to use the Website and the services we offer through the Website if you agree to these terms of use and all applicable laws and regulations.

    If you wish to become a Candidate or an Employer and make use of those Services available only to Candidates or Employers, you must read these terms of use and indicate your acceptance during the registration process.

    Other terms may apply to the provision of services or supply or products and services that we provide via the Website or other means and you should check to see what specific terms and conditions apply.

    These terms of use shall remain in full force and effect while you use the Website or Services or are a Candidate or Employer. Candidates may terminate their registration and remove their profile at any time, for any reason.

    We may terminate your registration on the Website at any time if you are in breach of these terms of use or for other justifiable reason to protect other Users or our business.

    If you do not agree to these terms of use, please refrain from accessing or using the Website or making use of any Services.

  3. Access and Use of The Website

    Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend any Service (including any feature or link to or from another website or mobile application) we provide on the website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period.

    We may restrict access to some parts of the Website, to registered Candidates or Employers.

    In order to register to use the Website, you agree that you will ensure that your password is confidential between you and us. You will notify us immediately if the security of your password is compromised. We do not assume responsibility for lost or stolen account passwords and for any associated damages.

    You agree that we may in certain circumstances allow for third parties to place links on The Website. We do not endorse or approve of the content of any third-party website provided through the link. You agree that we are not responsible for the content of any third party site nor will we have any liability in connection with any third party site.

    You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these terms, and that they comply with them.

    The Website is accessed via the World Wide Web which is independent of our business. Using the web is at your own risk and subject to all applicable national and international laws and regulations.

    You are permitted to download materials from the Website for your personal use only. You may not otherwise publish, copy, distribute, modify, transmit or otherwise reproduce in any form the contents of the Website without our written permission, nor use the information and materials for any commercial purposes. No part of the content of the Website may be incorporated into or stored in any other web site or work in any form.

  4. Uploading Material to the Website

    You represent and warrant the following:

    • You own all Contributions uploaded through the Website and the posting of your Contributions does not violate the privacy rights, publicity rights, intellectual property rights or any other rights of any person.
    • Whenever you make use of a feature or Service that allows you to upload Contributions, or to make contact with other Users, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
    • Any Contributions you upload to the Website which is available to be viewed by other Candidates or Employers who you have connected with will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose without acknowledgement or financial compensation to you. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
    • We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User.
    • We have the right to remove any Contributions you make on the Website if, in our opinion, such material does not comply with acceptable use of the Website.

  5. Candidates’ Use of Contributions

    As a Candidate, you grant us a licence to Contributions and all other text, files, images, photos, videos and other materials you display, publish or post to the Website. You will continue to own such all such content and you continue to have the right to use the content as you wish.

    This license includes, inter alia, the right for Kintuition to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of Gradkin and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).

    Each User expressly authorises Kintuition to modify said content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of Gradkin for any purpose other than for those purposes strictly related to use of the Gradkin services for personal purposes. This Licence will terminate at the time you remove your Contributions from the Website, however you acknowledge that removal of Contributions is not instantaneous and further that we will retain archived copies of your Contributions and will, if required by law, disclose any such Contributions to relevant authorities.

  6. Service Eligibility

    By using the Website or Services, you represent and warrant the following:

    • all registration information you submit is truthful, accurate and up to date;
    • you will maintain the accuracy of such information;
    • you are 17 years of age or older; or
    • you are a legal entity or registered company incorporated in Singapore
    • your use of the Website does not violate any applicable law or regulation;
    • you have not previously been suspended or removed from Gradkin;
    • you are not a direct competitor of Gradkin.

    Candidates and Employers agree not to open more than one account. We will not merge two or more accounts of the same person/entity. You may appear under a single name/company name on the Website.

    We may accept or reject account applications at our own discretion.

    Candidates should be aware that we may block or delete your profile and/or cancel your registration if we believe that any information is incorrect or inaccurate or if we have received a complaint about your use of the Website. More detail can be found in the acceptable use policy.

  7. Indemnity

    You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with these Terms of Business, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to Gradkin or (c) any activity in which you engage on or through Gradkin.

  8. Payments

    If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.

  9. Changes to this Website

    We may change, terminate, suspend or discontinue any aspect of this Website at any time without notice or liability, including (i) changing the availability of any features; (ii) adding, modifying, removing any Content on or from this Website; or (iii) imposing limits on certain features and Services or restricting your access to parts or all of this Website.

    If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

  10. Changes to the User Agreement

    Kintuition has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of this User Agreement in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Website. If any change is not acceptable to you, you must discontinue your use of this Website immediately. Your continued use of this Website or downloading or use of content from it after any such changes are posted will constitute acceptance of those changes.

  11. Use of Information

    We may exchange Account related information about you with your consent to other parties, such as participating partners, merchants or service providers, as required to administer our Services. All collection, use or disclosure of personal information about you shall be in accordance with our privacy policy, a copy of which is accessible here or can be found from the home page of this Website.

  12. Intellectual Property Rights

    The Service names, company names and logos used on this Website may be trademarks, including registered trademarks of Kintuition. Such Service names, company names and logos of Kintuition may not be copied, imitated or used, in whole or in part, without the prior written consent of Kintuition. Other services and company names mentioned on this Website may be the trademarks of their respective owners.

    Kintuition’s Services, methods and processes may be covered by one or more patents or other intellectual property rights, and are subject to trade secret and other proprietary rights. Kintuition reserves all such rights.

    Any Software, including any files or images generated by such software, code and data accompanying such software, used or accessible through this Website is the copyrighted work of Kintuition or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Website. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Website.

  13. Third Party Material Posted on the Website

    Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any Guest to our site, or by anyone who may be informed of any of its contents.

    We do not represent or guarantee the truthfulness, accuracy or reliability of communications posted by Users or endorse any opinions expressed by Users. In using the Website you acknowledge that any reliance on material posted by other Users will be at your own risk. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Website. We do require all Users to act in accordance with the acceptable use policy when using the Website. We have no obligation to screen communications or information in advance and we are not responsible for screening or monitoring material posted by users.

    If notified by a User of communications which allegedly do not conform to these terms of use or the acceptable use policy, we may investigate the allegation and determine in good faith and at our sole discretion whether to remove or request the removal of the communication. We have no liability or responsibility to Users for performance or non-performance of such activities. We reserve the right to terminate Users and prevent their further access to the Website for violating these Terms of Business, the acceptable use policy or the law and the right to remove communications which are abusive, illegal or disruptive. We may take any action with respect to User submitted information that we deem necessary or appropriate in our sole discretion if we believe it may create liability for us.

    The Website is a venue for Candidates to follow and connect with Employers and for Employers to follow Candidates. The Website facilitates communication through use of networking tools, allowing Employers to engage with Candidates, to post job opportunities and participate in discussions. For Candidates the Website is an avenue to research potential employers and to participate in dialogue with other Candidates and Employers of choice in order to develop career opportunities. We are not involved in the actual transaction between employers, educators/universities or recruitment agencies and candidates. We are not a recruitment agency.

    We have no control over the quality, safety or legality of the jobs, courses, information, education programmes or professional profiles or resumes posted, the truth or accuracy of the listings, the ability of Employers or recruitment agencies to offer job opportunities to Candidates, the ability of educators/universities to offer the courses or education programmes to Candidates or the ability of Candidates to fill Employer job openings or attend courses or education programmes. In addition, note that there are risks including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other Users with whom you come in contact through the Website.

    We shall not be responsible for any employment or educative decisions, for whatever reason made, made by any entity posting jobs or courses on the Website.

  14. References to Existing Brand Names

    During the Beta Test phase of the website, some data within the system has been invented for the purpose of demonstrating the software's capabilities. Some references to existing brands and corporations are purely for demonstration purposes and are in no way an indication of any incumbent endorsement, relationship or affiliation. Such sections of the website are clearly marked as "Sample Only".

  15. Liabilities

    YOU AGREE THAT KINTUITION AND ANY THIRD PARTY MENTIONED ON THIS WEBSITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES OR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, OR LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS WEBSITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF KINTUITION, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

    The limitations of liability and disclaimers in this User Agreement apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

  16. General

    We shall at our discretion terminate this agreement with you, or prevent or limit your use of the Website.

    You agree to allow the Company to display your company logo and your company name on the Website as it pertains to a particular recruitment campaign unless you notify us beforehand in writing before the start of the search.

    You confirm that you are aware of, and will comply with, all of your legal obligations and you confirm that you are over the age of 17 years and have legal standing to enter into a contractual relationship with us.

    The laws of Singapore govern this contract and the Courts of the Republic Singapore shall have non-exclusive jurisdiction.