Terms and Conditions - eKutumb Terms and Conditions - eKutumb

Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS MARKETPLACE YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS MARKETPLACE.

  1. Introduction

    Welcome to our Marketplace, www.ekutumb.com (“Marketplace”). This Marketplace is owned and operated by eKutumb Pte Ltd, if you (“You”) continue to browse and use this Marketplace, You are agreeing to comply with and be bound by these terms and conditions (“Terms of Use”), which together with our privacy policy (“Privacy Policy”) govern eKutumb Pte Ltd’s relationship with You. If You disagree with any part of these Terms of Use, You may not use this Marketplace entirely.

  2. Definitions

    “Company Member” shall mean a subscriber of eKutumb who offers and enrols various products, applications and services including but not limited to implementation, software development, data analytics, software testing etc.

    “eKutumb Clients” shall mean clients who avail the services of Members through Marketplace.

    “eKutumb Pte Ltd” or “eKutumb” or “us” or “we” or “our” shall mean eKutumb Pte Ltd, a limited liability Company, incorporated under Singapore Companies Act, 1967, having its registration number 201534878N.

    Individual Member” shall mean a subscriber of eKutumb who enrols with the aim to monetize individual skills, capabilities and spare time by performing one or more  roles including but not limited to sales, account and relationship management, client advisory, program management, domain consulting and technical consulting etc.

    “Marketplace” shall mean www.ekutumb.com including its applications on mobile and/or tablet, as owned, operated and managed by eKutumb.

     “Member or Members” shall mean and include all of the Company Members (i.e. the solution partner, the resellers, the service partners) and the Individual Members (i.e. sales, account and relationship management personnel, client advisor, program management personnel, domain and technical consultants) who subscribe to Marketplace.

    “Services” shall mean services provided by Marketplace, facilitating connection between eKutumb Clients and Members that helps eKutumb Clients to select their desired Members who provide services to them and helping Members to offer and enroll their offerings, that include product and services portfolio.

    “Subscription” shall mean when a user agrees to all terms of this Agreement and registers to become the Member.

    “You” or “Your” or “Yourself” shall mean to the users or Members or viewers of this Marketplace.

  3. SCOPE OF SERVICES:

    Marketplace is a next generation mode of offering certain services to users. Marketplace is facilitating a connection between eKutumb Clients, Company Members and individual members in order to service eKutumb Client needs with relevant services and Member offerings. Marketplace shall act as a platform to allow the Members, who comply with these Terms of Use, to connect and share their business offerings, services, expertise and other details with eKutumb Clients and  other Members registered and listed on this Marketplace. eKutumb shall be deemed to be involved when the business between eKutumb Clients and Members is conducted and contracted through the Marketplace.  You understand, hereby acknowledge and agree that eKutumb or this Marketplace shall have no liability to any party in relation to the transactions where eKutumb or this Marketplace has not been engaged or contractually involved in.  

  4. SERVICES DESCRIPTION:

    The Services are subject to the limitation to these Terms of Use. The Services are also subject to eKutumb’s Privacy Policy and the Subscription Agreement. eKutumb may discontinue or revise any or all other aspects of the Services at its sole discretion.

    The Services provide features that allow You to grow your business realm in a cost-effective and hassle-free manner by facilitating connections between various eKutumb Clients, Members and vice versa. You agree that all the Members shall have access to the Details provided by You. Please consider carefully what You choose to share or make public, eKutumb has no responsibility for that activity.

  5. REGISTRATION, PASSWORD:

    As a guest, You can navigate and browse but cannot avail any Services. For availing Services, You need to register to Marketplace. You shall be required to register and then we shall create your account with user ID and Password for availing the Services. You need to provide us Your name, date of birth, address and any other details as required by Marketplace from time to time.

    In case You are registering on behalf of any organisation, You shall have necessary authority to do so and bind Your organisation.

    You agree that any registration information provided by You shall always be accurate, correct and complete. If You use the Services, You shall be responsible for maintaining the confidentiality of Your Account and password and You agree to accept responsibility for all activities that occur under Your Account. eKutumb reserves the right to change or amend these Terms of Use from time to time, without any prior notice to You. We also reserve the right to refuse registration of, or cancel, accounts which we deem inappropriate.

  6. MEMBER INFORMATION:

    Members shall be required to submit and share their business details and necessary documents on this Marketplace (“Details”), as may be required by eKutumb, from time to time, of their establishments/companies/organisations for verification purposes. eKutumb may authenticate these Details as part of Know Your Customers (KYC) check or otherwise.

  7. FEES FOR MEMBERS:

    The Services may be subject to payment of subscription fees. The subscription fee shall be charged as per the terms of the Subscription Agreement agreed at the time of subscribing to Marketplace (“Subscription Agreement”). The prices are subject to change at any time. The mode of payment for the subscriptions fee shall be as detailed under the Subscription Agreement.

  8. CONTENT AVAILABLE:

    You acknowledge that eKutumb does not make any representations or warranties about the material, data, and information, such as data files, text, facts and figures, Members details, computer software, code, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which You may have access to as part of the Services, or through Your use of this Marketplace. Under no circumstances, eKutumb is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Marketplace.

    You agree that You are solely responsible for Your reuse of Content made available through Marketplace.

  9. CONTENT SUPPLIED BY YOU:

    You represent, warrant, and agree that no Content/Details shared by You with eKutumb (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.

    You grant us a personal, limited, revocable, non-transferable and nonexclusive right to use the Content and Details including but not limited to Trademarks, Service Marks, logos etc. submitted by You for providing the Services, You also grant us the right (i) to display Your Contents and Details on Marketplace (ii) promote or distribute it for the access of other Members. 

  10. LINKS TO THIRD PARTY SITES:

    This Marketplace may contain links to other websites owned and operated by third parties who are not related to Website (“Linked Websites”). The Linked Websites are not under the control of eKutumb and eKutumb is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites.

    eKutumb provides these links to You as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by eKutumb. Your link to any such Linked Website is entirely at Your own risk. eKutumb is not a party to any transaction between You and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site.

    Marketplace may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or services. You are referred to the relevant advertiser for all information regarding the advertisement and its products and/or services. eKutumb accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

  11. ACCESS TO MARKETPLACE:

    The Services offered by Website are not available to minors under the age of eighteen (18) for any reason whatsoever.

    Registration: You agree to (a) only provide accurate and current information about yourself, (b) maintain the security of Your passwords and identification, (c) promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You, and (d) be fully responsible for all uses of Your account. You must not set up an account on behalf of another individual or entity unless You are authorized to do so.

    No Membership of Marketplace or using of the Services deem to make You a permanent member, shareholder or affiliate of eKutumb for any purposes whatsoever, nor shall You have any of the rights of statutory members of eKutumb.

  12. PROHIBITED CONDUCT:

    You agree not to engage in any of the following activities:

    • Violating laws and rights:

      You may not (a) use Marketplace for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

    • Solicitation:

      You may not use Marketplace or any information provided through Marketplace for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.

    • Disruption:

      You may not use Marketplace in any manner that could disable, overburden, damage, or impair Marketplace, or interfere with any other party’s use and enjoyment of Marketplace; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on Marketplace, or violating any regulation, policy, or procedure of any network, equipment, or server.

    • Harming others:

      You may not share or transmit Contents or Details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act; You may not intimidate or harass another through Marketplace.

    • Impersonation or unauthorized access:

      You may not impersonate another person or entity, or misrepresent Your affiliation with a person or entity when using Marketplace.

      You may not use or attempt to use another’s account or personal information; and, You may not attempt to gain unauthorized access to Marketplace, or the computer systems or networks connected to Marketplace, through hacking password mining or any other means.

    • User complaint

      If You have questions or concerns or grievances regarding this Terms of Use, You can email at eKutumb’s grievance email-id i.e.  membership@ekutumb.com

  13. ANCILLIARY SERIVCES:

    You may get access to Site Message boards, chat rooms, forums, blogs, e-mail  and other features (“Ancillary Services”) that may be offered from time to time on the Marketplace and may be operated by us or by a third party on our behalf. You shall not (nor cause any third party to) use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism, or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity. You shall not use the message boards, chat rooms, e-mail to express Your concerns or differences with any specific Member.

    You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by You on the Account.

  14. DEALINGS WITH ORGANISATIONS AND INDIVIDUALS:

    You acknowledge and agree that Marketplace shall not be liable for Your interactions with any Members on Marketplace where ekutumb is not engaged or involved. This includes, but is not limited to, payment of services, if any, and any other terms, conditions, warranties or representations associated with any interaction You may have with Members. These dealings are solely between You and such other Members. You agree and acknowledge that eKutumb shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between Members on Marketplace, or between Members and any third party, You understand and agree that eKutumb is under no obligation to become involved in such dispute. In the event that You have a dispute with one or more Members, you hereby release eKutumb, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Marketplace.

  15. CHANGE IN TERMS:

    eKutumb reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently eKutumb, the Services and Marketplace (or any part thereof) with or without notice. Further, eKutumb reserves the right to change these Terms of Use at any time and to notify You by posting an updated version of the Terms of Use on this Marketplace. You are responsible for regularly reviewing the Terms of Use. Continued use of Marketplace after any such changes shall constitute Your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms of Use; any policy or practice of ours in operating Marketplace or any Content available through Marketplace, is to stop visiting and using Marketplace.

  16. DISCLAIMER OF WARRANTIES:

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF MARKETPLACE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT MARKETPLACE AND THE SERVICES THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, E-KUTUMB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH MARKETPLACE THE SERVICES AND YOUR USE THEREOF. E-KUTUMB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR MARKETPLACE’S CONTENT OR THE DETAILS AND CONTENTS SHARED BY THE MEMBERS OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO MARKETPLACE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF MARKETPLACE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MARKETPLACE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH MARKETPLACE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MARKETPLACE OR THE SERVICE. E-KUTUMB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH MARKETPLACE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND E-KUTUMB SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER MEMBERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

    E-KUTUMB SHALL NOT BE RESPOSNSIBLE AND HELD LIABLE FOR NON-PERFORMANCE OF ANY SERVICE OR DELAY IN TIME COMMITEMENTS FROM ANY MEMBER WHO ARE PROVIDING SERVICE TO E-KUTUMB CLIENTS.

  17. LIMITATION OF LIABILITY:

    IN NO EVENT SHALL E-KUTUMB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF E-KUTUMB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF MARKETPLACE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF MARKETPLACE OR THE SERVICE, FROM INABILITY TO USE MARKETPLACE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF MARKETPLACE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH MARKETPLACE OR THE SERVICES OR ANY LINKS ON MARKETPLACE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH MARKETPLACE OR THE SERVICES OR ANY LINKS ON MARKETPLACE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT E-KUTUMB SHALL NOT BE LIABLE FOR MEMBER DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MEMBER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    THE FORGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.

  18. INDEMNIFICATION:

    You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to: (i) Details and Contents that you submit or transmit for the Services (ii) Your violation of any rights of any other person in connection with Marketplace, (iii)  infringement of any third party intellectual property rights, (iv) any breach of the terms and conditions of this Terms of Use, (v) any breach of applicable law (vi) any representation and warranties made in relation to the Services and (vi) transactions (present and subsequent) between You and the Members.

  19. ANTI-SPAM POLICY:

    You certify that you shall use the Services in accordance with these Terms of Use. You are forbidden to transmit unsolicited commercial email (spam) by using the Services. Additionally, You are required to reconfirm (permission pass) or stop mailing an existing list when it is determined to be in violation of our anti-spam policy. Repeated violations or failures to comply with this anti-spam policy shall result in termination of Your access to the Services. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to Your violation of this anti-spam policy.

  20. PRIVACY POLICY:

    eKutumb is committed to responsibly handling the information and data we collect through Marketplace in compliance with our Privacy Policy. Please review the Privacy Policy so you are aware of how we collect and use Your personal information.

  21. OWNERSHIP OF INTELLECTUAL PROPERTY:

    Marketplace and all the rights including but not limited to intellectual property rights subsisting under or in relation to Marketplace are owned by the eKutumb and its affiliates, subsidiaries, licensors, users as the case may be. Marketplace respects copyright, and we prohibit users of the Services from submitting, uploading, posting, or otherwise transmitting any Content or Details on Marketplace that violates another person’s proprietary rights.

    If You believe that Marketplace contains elements that infringe Your intellectual property rights in Your work, please notify Us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, We may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.  

    All materials on this Marketplace, including but not limited to Member details, images, software, text, icons and such like (the “Marketplace Content”), are protected by copyright under the copyright laws. You cannot use Marketplace Content, except as specified herein.

    eKutumb is the logo solely owned by eKutumb Pte Ltd. There may be proprietary logos, service marks and trademarks found on Marketplace whether owned/used by us or otherwise. By displaying them on Marketplace, we are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of Marketplace Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

  22. TERMINATION:

    If You wish to terminate this Terms of Use, You may immediately stop accessing or using the Services. Your right to access and use the Platform terminates automatically upon your material breach of any of the terms of these Terms of Use.

    The deletion of Member account does not immediately remove the contents of the account or parts thereof being used by other users of Marketplace. Similarly, if such data is being used in offline mode, it shall not be possible for Marketplace to remove it completely and permanently.

    Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions shall survive any termination.

  23. MISCELLANEOUS TERMS:

    • Choice of Law and Jurisdiction:

      These Terms of Use are governed by and construed according to the laws of Singapore, the acceptance of the Terms of Use shall be deemed to have been given at Singapore and the courts in Singapore shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms of Use or any rights, duties, obligations or liabilities arising there under.

    • No waiver:

      eKutumb’s failure to insist on or enforce strict performance of any of the terms of these Terms of Use shall not be construed as a waiver of any provision or right.

    • Severability:

      If any part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

    • No agency relationship

      You agree that no joint venture, eKutumb, employment, or agency relationship exists between You and eKutumb as a result of these Terms of Use or from Your use of Marketplace or the Services.

    • Entire Agreement:

      These Terms of Use and Privacy Policy constitute the entire agreement between You and eKutumb relating to this subject matter and supersede any and all prior communications and/or agreements between You and eKutumb relating to this subject matter.

      I ACCEPT