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CAREERBOT USER AGREEMENT

Set forth herein are the terms of use (hereinafter the “Terms”) that will govern the access or use by you, an individual, of the CareerBot ™ application made available in the United States by Asaan LLC (hereinafter the “Company”) . The application and the services related thereto are collectively referred to herein as the “Services.”

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Our Agreement

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and the Company. If you do not agree to these terms, you may not access or use the Services. The Company may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services.

 

Amendments

The Company may amend the Terms related to the Services from time to time. Amendments will be effective upon posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as so amended.

Our collection and use of personal information in connection with the Services is as provided in our Privacy Policy.

The Services

The Services constitute a technology platform that enables users of our mobile application to arrange and schedule services with third party providers of such services, including restaurant and hotel establishments, under agreement with the Company (“Third Party Providers”). Unless otherwise agreed by the Company in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

 

License

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to: (i) access and use the Application on your personal device solely in connection with your use of the Services; and (ii) access and use of any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by the Company and its licensors.

 

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Company, (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by law; (iv) link to, mirror or frame any portion of the Services; (v) 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; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

Source of the Services

You acknowledge that portions of the Services may be made available under the Company’s various brands. You also acknowledge that the Services may be made available under such brands or request options by or in connection with independent Third Party Providers.

 

Third Party Services and Content

The Services may be made available or accessed in connection with 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 in no event shall the Company be responsible or liable for any products or services of such Third Party Providers.

 

Ownership

The Services and all rights therein are and shall remain the Company’s property or the property of its licensors. The software, workflow processes, user interface, designs, know-how and other technologies provided by the Company as part of the Services are the proprietary  property of the Company and its licensors, and all right ,title and interest in and to such items, including all associated intellectual property rights, remain solely with the Company, which expressly reserves all rights thereto.

Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner the Company’s names, logos, product and service names, trademarks or service marks.

Your use of the Services

User Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction to obtain an Account. Account registration requires you to submit certain personal information, such as your name, address, mobile phone number and age. If you wish to order Services from one of the Company’s Third Party Providers, registration will require you to also provide valid credit card information. You agree to maintain accurate, complete, and up-to-date Account information, including having a valid  credit card on file. Failure to do so may result in your inability to access and use the Services or the termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by the Company in writing, you may only possess one Account.

 

User Requirements and Conduct

The Service is not available for use by persons under the age of 18. Accordingly, you may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from the Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances the Company may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.

 

Text Messaging

By creating an Account, you agree that information may be sent to you via text  messages as part of the normal business operation of your use of the Services. You may opt-out of the receiving text messages from the Company at any time by texting from the mobile device receiving the messages. You acknowledge that opting out of receiving text messages may impact your use of the Services.

 

Promotional Codes

The Company  may, in its sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to a Third Party Provider’s services, subject to the terms that the Company establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by the Company; (iii) may be disabled by the Company at any time for any reason without liability to the Company; (iv) may only be used pursuant to the specific terms that the Company establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. The Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by Agreement  with you or other users in the event that the Company determines or believes that the use or redemption of the Promo Code was an error, illegal, or in violation of the applicable Promo Code terms or these Terms.

 

User Provided Content

The Company may in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to the Company through the services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to the Company you grant the Company a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Company business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant the Company license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor the Company’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulations.

You agree to not provide Company Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by law. The Company may, but shall not be obligated to, review, monitor, or remove User Content at its discretion and at any time and for any reason without notice to you.

 

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications 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.

Payment

You understand that use of the Services may result in payments by you for the Services you receive from a restaurant, hotel or other Third Party Provider (“Charges”). After you have received  Services, the Company will facilitate payment of the Application charges on behalf of the Third Party Provider,  as such Third Party Provider’s limited payment collection agent, using the preferred payment method designated in your Account, and will send you a receipt by email. Payment shall be made with a credit card, via ACH or other method authorized by the Company. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by the Company.

All Charges are due immediately. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that the Company may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.

The Company reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in the Company’s sole discretion. The Company will use  reasonable efforts to inform you of the Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. The Company may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

This payment structure is intended to fully compensate the Third Party Provider for the services provided. The Company does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. You understand and agree that while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. In the event you feel unwelcome pressure to provide a gratuity, you may factor that experience into the rating or additional feedback you give.

Limited Remedy and Disclaimer

Except for the violation of the Company’s intellectual property rights, neither party shall be liable  FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, COSTS OF DELAY, LOSS OF DATA OR INFORMATION, AND ANY FAILURE OF DELIVERY OF THE SERVICES.

Your sole and exclusive remedy for breach of any warranties by the Company shall be termination of this Agreement. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY THAT SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

Indemnification

You agree to indemnify and hold the Company and its officers, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) the Company’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

Other Provisions

Governing  Law

These Terms are governed by and construed in accordance with the laws of the State of Illinois, U.S.A., without giving effect to any conflict of law principles. User consents to the personal jurisdiction of the courts presiding in the State of Illinois, County of Cook and waives any claim that such jurisdiction is an inconvenient forum.

 

Claims of Copyright Infringement

Claims of copyright infringement should be sent to the Company’s designated agent. Please visit Company’s web page http://careerbot.ai for the designated address and additional information.

 

Notice

The Company may give notice by means of a general notice of the Services via electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company via electronic email to the Company at careerbot@asaan.net.

 

Use of Customer Name

You hereby grant the Company the right to use your name in customer lists and related promotional materials identifying you as a customer of the Company.

 

No Assignment; Waiver

You may not assign these Terms without the Company’s prior written approval. The Company may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Company’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, the Company or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions of the Terms shall be enforced to the fullest extent of the law. The Company’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

Entire Agreement

This Agreement constitutes the entire agreement between the parties relating to the Services provided herein. No modification or waiver of any term of the Agreement shall be effective absent the Company’s prior written consent.