Last modified: May 25, 2018
1. USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “I ACCEPT” OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL TERMS PROVIDED BY US. If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service.
These Terms are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time upon seven (7) days’ notice to you. You acknowledge and agree that it is your responsibility to review this Service and these Terms and to familiarize yourself with any modifications. Your continued use of this Service after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms; however, for any material modifications to the Terms or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms will automatically be effective upon your acceptance of such modified Terms. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms in effect at the time such dispute arose.
As used in these Terms:
“Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Service and/or its services.
"Clients" includes university, corporate, business, enterprise or individuals involved in purchasing this Service and/or its services for someone else's use.
"QLC Project" includes online and offline projects that are hosted by mentors to provide candidates an opportunity to work on solving a real business problem while learning on QLC.
“Candidates” includes individuals who have signed up to use the Service to learn a new skill and seek mentorship.
“Mentors/Businesses” includes all businesses and/or individuals who engage Candidates via the Service to provide mentorship and opportunity to work with their business on a QLC project.
“Users” means any person who uses the Service.
"Registration Fees" includes all payable fees Candidates upon acceptance of a "Project Offer".
2. OVERVIEW OF OUR SERVICE
QLC is an online platform which connects individuals to digital projects from around the world remotely. Over the course of a QLC Project, individuals will work individually or in a group partnered with a mentor. The platform will provide online learning material to help the individual complete the project. The platform aims to teach individuals digital skills, cross-border collaboration, innovation and industry experience. The platform also connects individuals, mentors and industry personnel.
3. ELECTRONIC SIGNATURE
By creating an account on the Service (an “Account”) and clicking to accept upon registration, you have agreed to these Terms digitally. This is effective on the date that you created an Account, and you acknowledge that you are able to access and review the Terms.
4. QLC ACCOUNTS
By agreeing to these Terms, you represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you have obtained consent from a legal guardian to use the Service; (c) you have not been previously suspended or terminated from using the Service; and (d) your registration and your use of the Service is in compliance with all applicable laws and regulations. Users may only create one QLC Account on the Service, and may not request other individuals to register new Accounts on their behalf, unless prior permission is obtained in writing from QLC.
Users are able to create a profile on the Service (“Profile”), in which they may describe their education and work history, experience, and other information. All QLC Profile will be available for the public, you can send us an email at [email protected] to remove your profile from the public. By creating a Profile, you agree to give an accurate, current and true representation of your business offerings or needs to other Users of the Service. Any information disclosed in a Profile is considered User Content (as defined below) for purposes of these Terms.
When you register for an Account, you may be required to provide us with some contact information about yourself, such as your email address. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your password, and you accept responsibility for all activities that occur under your account. If you share your login information with other people, and do not otherwise contact us to report a security breach of your account, we will assume that any User accessing the Service with your login information has the ability to act on your behalf, including connecting with other Users and processing payments. If you have reason to believe that your account is no longer secure, then you must immediately notify us at [email protected].
If you notice any suspicious activity on your Account, you should contact QLC immediately to alert us of this activity.
4.4 Closing an Account
If you would like to close your Account, you can deactivate your Account at any time by emailing [email protected]. Due to tax and legal requirements, we do not destroy or delete data that is needed for government records and reporting. To access the Service again, you may reactivate your Account by emailing [email protected]. Users must not use this feature to open multiple Accounts. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service.
5. USER CONTENT
5.1 User Content Generally
Certain features of the Service may permit users to upload content to the Service, including information on their Profile, messages, Reviews (as defined below), References (as defined below), photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. Users retain copyright and any other proprietary rights that they may hold in the User Content that they post to the Service.
5.2 Reviews & References
Candidates and Mentors have the opportunity to provide reviews about each other on the Service (“Reviews”), which for purposes of these Terms, will be considered User Content. QLC is not responsible for any User Content, nor does QLC endorse Users of the Service. Users acknowledge that any content they post in the form of Reviews is at their own risk. QLC does not edit or remove Reviews. Reviews can only be edited by the User who left the Review.
Users can also request references from non-Users and Users of the Service (“References”). References can be added and deleted by Users.
5.3 Limited License Grant to QLC
By posting or publishing User Content, you grant QLC a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, for purposes of providing the Service.
5.4 Limited License Grant to Other Users
By posting or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
5.5 User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
5.5.1 you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize QLC and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by QLC, the Service, and these Terms; and
5.5.2 your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause QLC to violate any law or regulation.
5.6 User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. QLC may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against QLC with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, QLC does not permit copyright-infringing activities on the Service.
6. QLC PROJECT CONTENT
6.1 Data provided by Mentors for the facilitation of a QLC Project
When participating in a QLC Project, the ownership of any proprietary information and data disclosed by Mentors to Users will not be transferred before, during and after a QLC Project. QLC and all Users participating in the QLC Project are not allowed to use any of the provided information without the acknowledgement and consent of the Mentors. This includes, but not limited to, data shared during the QLC Project for the purpose of understanding and analysis, and data collected from the QLC Project in perpetuity.
QLC has no responsibility for or obligation to protect, any confidential information disclosed via the Site.
6.2 Content generated by Users for the facilitation of a QLC Project
Ownership of any content generated by Users for the completion of a QLC Project will be transferred to the Mentors at the end of the QLC Project. We are under no obligation to edit or control QLC Project Content that you or other users post or publish, and will not be in any way responsible or liable for QLC Project Content. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against QLC with respect to QLC Project Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that QLC Project Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the QLC Project Content, which we reserve the right to do at any time and without notice. For clarity, QLC does not permit copyright-infringing activities on the Service.
7.1 Relationship between Mentors and Candidates
Mentors and Candidates may use the Service to discuss and execute QLC Projects. QLC is not involved in the agreement of any ("Additional Project Terms") (if any exist) that a Mentor and Candidate might get into, and is not a party to these Additional Project Terms.
7.2 Relationship between Users and QLC
Users, including Mentors, Candidates and Clients accessing the Service, recognize, acknowledge, and agree that they are not an employee of QLC. No partnership or employment relationship between QLC and Users can be construed by these Terms. No agency relationship exists between QLC and a User, and as such, Users are not authorized to represent QLC as their agent.
QLC does not oversee, supervise, monitor, train, or manage Candidates, nor does QLC determine Candidate hours or schedules of work or the manner in which their work is performed.
QLC does not perform background checks on Users. While the Service allows Users to leave Reviews and add References, QLC is not responsible for this content nor does QLC endorse Users of the Service.
QLC is not responsible for withholding taxes for the Users, and it is the responsibility of each User to file and comply with any local, state, or federal tax laws in their jurisdiction.
8. NON-CIRCUMVENTION OF THE SERVICE
By using the Service, Clients, Mentors and Candidates agree to use QLC to connect through QLC Project. Clients, Mentors and Candidates acknowledge that QLC earns the registration fees a Candidate pays to get involved in a QLC Project with Mentors. Clients, Mentors and Candidates agree not to take any action, directly or indirectly, to circumvent these fees. If it has come to your attention that a Candidate or Mentor solicits payment outside the Service, you agree to notify QLC immediately by sending an email to [email protected].
By way of illustration, and not in limitation of the foregoing, you must not:
● Solicit parties identified through the Service for employment opportunities, paid-work, or any reasonable form of service that is identical to what a User would have originally been involved in through QLC.
● Accept proposals or solicit parties identified through the Service to contact, deliver services, invoice, or receive payment outside the Service.
Any agreement or attempted agreement between the Mentor and Candidate in connection with a service contract, requiring that payment be made outside of the Service constitutes a material breach of these Terms. If a Mentor and Candidate initially connected through the Service, QLC will terminate a User’s access to and use of the Service (without limiting any additional remedies QLC may have) if such User is found to be in breach of these Terms.
9. TERMINATION OF SERVICE
QLC reserves the right to terminate a User from the Service, at any time, for any reason, including Users who violate these Terms. If any illegal or fraudulent activity is suspected, Users acknowledge that QLC may contact the relevant officials and law enforcement agencies. Users acknowledge that QLC may discontinue the Service, or any part thereof, with or without notice. You acknowledge that QLC is not liable to you or any third party for any termination of service. We also reserve the right to modify the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
10. RESTRICTIONS ON USE
Modification of QLC's content is a violation of the copyrights and other proprietary rights of QLC or its subsidiaries.
In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of QLC or its subsidiaries suppliers or Affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with QLC's consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use any trademarks, trade names, service marks, copyrights, or logos of QLC or its subsidiaries in unsolicited mailings or spam material.
BY USING THE SERVICE YOU AGREE NOT TO:
- Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- Use the Service and information contained therein to construct a database of any kind;
- Store the content contained in the Service, in its entirety or in any part, in databases for access or distribution by you or any third party;
- Demand or receive payments without the intention of receiving or providing any services in exchange for the payment;
- Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- Express a preference in any User Content for, or unlawfully discriminate on the basis of, race, religion, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender identity or gender expression, age, sexual orientation, military or veteran status, or any other classes protected by applicable law;
- Post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- Interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- Interfere with the operation of the Service or any User’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
- Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material; or
- Attempt to do any of the acts described in this Section 9, or assist or permit any person in engaging in any of the acts described in this Section 9.
11. THIRD-PARTY SERVICES AND LINKED WEBSITES
QLC may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on QLC with an account on the third party service, such as LinkedIn or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
12. OWNERSHIP; PROPRIETARY RIGHTS
The Service is owned and operated by QLC. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by QLC are protected by intellectual property and other laws. All Materials included in the Service are the property of QLC or our third-party licensors. Except as expressly authorized by QLC, you may not make use of the Materials. QLC reserves all rights to the Materials not granted expressly in these Terms.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant QLC an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
14. DISCLAIMER OF WARRANTIES
USE OF THIS SERVICE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. QLC AND ITS EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES AND AGENTS (TOGETHER, THE “QLC ENTITIES”) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. THE QLC ENTITIES DO NOT WARRANT THE QUALITY OR ACCURACY OF ANY DELIVERABLES PROVIDED AND/OR SERVICES RENDERED UNDER ANY JOB AGREEMENT AND DOES NOT WARRANT THAT ANY SUCH DELIVERABLES AND SERVICES WILL BE PROVIDED AND/OR RENDERED IN A TIMELY OR PROFESSIONAL MANNER. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL PROJECT TERMS ARE BETWEEN MENTORS AND CANDIDATES ONLY, AND THAT THE QLC ENTITIES ARE NOT PARTIES TO ANY ADDITIONAL PROJECT TERMS. THE QLC ENTITIES OFFER A PLATFORM TO CONNECT MENTORS AND CANDIDATES ONLY AND WILL TAKE NO RESPONSIBILITY FOR ANY DELIVERABLES PROVIDED AND/OR SERVICES RENDERED IN CONNECTION WITH ANY ADDITIONAL PROJECT TERMS, OR FOR ANY BREACH OF ANY ADDITIONAL PROJECT TERMS.
WITHOUT LIMITATION, THE QLC ENTITIES MAKES NO WARRANTY OR GUARANTEE THAT THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY
IN NO EVENT WILL QLC ENTITIES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO, OR ARISING FROM, THIS SERVICE OR ANY USE OF THIS SERVICE, OR OF ANY SERVICE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SERVICE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF QLC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
THE AGGREGATE LIABILITY OF THE QLC ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO QLC FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN YOU AND QLC UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND QLC. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. INDEMNIFICATION & RELEASE
You agree to release, indemnify and hold the QLC Entities harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms or your violation of any rights of another. All Users acknowledge that they have been advised to consult with legal counsel and that they are familiar with the principle that a general release does not extend to claims that the releaser does not know or suspect to exist in their favor at the time of executing the release, which, if known by them, must have materially affected their settlement with the releasee. Users, being aware of said principle, agree to expressly waive any rights they may have to that effect, as well as under any other statute or common law principles of similar effect.
16.1 Professional Risk & Indemnity
QLC hereby releases all Clients, its agents, officers, students, and employees ("Client Entities") from any liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, cost, damage, or injury, that may be sustained by QLC, its agents, officers, and employees, resulting from the participation by Client Entities in a QLC Project.
QLC hereby agrees to indemnify Clients Entities from any claim made or loss it may suffer in the future as a result of the participation of a QLC Project.
QLC hereby agrees to indemnify all Clients Entities from any claim made or loss it may suffer in the future relating to any claim by a third-party participating in QLC Project.
18. GOVERNING LAW
These Terms are governed by the laws of the Republic of Singapore without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and QLC agree to submit to the personal and exclusive jurisdiction of the legal courts located within Republic of Singapore, for the purpose of litigating any dispute. We operate the Service from our offices in Singapore, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
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