Last Updated: 29 June 2020
The following Terms and Conditions of Use (“Terms and Conditions”) apply to your use of http://koshconsultinggroup.com/kosh/ (henceforth referred to as "the site" or "KCG site"). Please read these terms and conditions before accessing, browsing, or otherwise using the Site.
Your access to, and browsing, review and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and using this Site, you accept these Terms and Conditions, without limitation or qualification. If you do not agree to the following Terms and Conditions, please do not use this Site. If, at any time, any part of the Terms and Conditions is no longer acceptable to you, immediately terminate your use of the Site. If you have any questions about this agreement, you may contact us by submitting an inquiry form or via our contact details.
KCG reserves the right to change, modify, add, or delete portions of the Terms and Conditions at any time, without prior notice. Please re-review this Terms and conditions page periodically to remain updated on our changes. Your continued use of this Site will mean that you accept such changes or deletions.
Intellectual Property Rights
Unless otherwise indicated, KCG or its licensors own and retain all proprietary rights in the website and all material and information posted thereon, including without limitation photographs, text, graphics, logos, icons, content, sound recording, tutorials, audio/visual clips and design (collectively, “Content”). All of the materials contained on the Website are copyrighted, except where explicitly noted otherwise. These Terms and Conditions of Use do not grant to or create in the Customer, any user, or any other person any proprietary interest or intellectual property rights in or to the KCG site or any information or other content available on the KCG site. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the trademarks or the Content, without the express permission of KCG in each instance, unless such Content is posted by you. The use of KCG copyrighted materials on any other website is strictly prohibited. KCG will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Use of Site Content
KCG hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, and print one copy of the Site Content on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Site Content, and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site Content without KCG’s prior written consent. In addition, you may not “mirror” the Site Content or any portion thereof without KCG’s express written consent.
In addition, nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any KCG intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.
As a responsible visitor, you agree that you will not use the KCG site, or any service provided by or made available on or from the KCG site for any unlawful purpose. Specifically, you agree to not use the Site to:
Use any device, software, or routine to interfere or attempt to interfere with the proper working of the KCG site or any activity being conducted on the KCG site.
Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
Harm minors in any way;
Impersonate any person or entity, including but not limited to, a KCG official, or falsely state or otherwise mispresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through KCG;
Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any part of the KCG site;
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
Interfere with or disrupt the service of the KCG site or another person’s use of the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the KCG site;
Intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange;
Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by Singapore, your country or the United States government as a foreign terrorist organisation;
“stalk” or otherwise harass another;
Commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Service or otherwise and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in this agreement;
Create, display, transmit, or obtain materials that poses a threat to or adversely affects the national security and racial harmony of and in Singapore respectively;
Create, display, transmit, or obtain materials that violates intellectual property laws;
Use of machines, computers, scripts, “bots” or any automated system on the Site is strictly prohibited and may result in criminal liability. KCG may terminate and permanently disqualify any visitor who, in its sole discretion, determines as being in violation of these Terms of Service. All decisions by KCG are final.
KCG may include hyperlinks to Websites operated by parties other than KCG including advertisers and other content providers. Those sites may collect data or solicit personal information from you. KCG does not control such Websites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
KCG makes no guarantee of the accuracy, correctness, or completeness of any information on these web pages, surveys, databases, or results, and are not responsible for a) any errors or omissions arising from the use of such information; 2) any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or 3) losses or damages arising from the use of the content or services provided by us.
Notices of Infringement and takedown by KCG
KCG reserves the right to suspend or terminate your use of the KCG Site and the services at any time, without notice, if you are found in violation of our terms in this agreement.
THE KCG SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND, AND USE OF OUR SITE IS AT VISITORS’, AND EACH USER’S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KCG DISCLAIMS ALL EXPRESS, AND IMPLIED WARRANTIES, AND CONDITIONS, WHETHER BY STATUTE, COMMON LAW, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, RELATING TO KCG INCLUDING (BUT NOT LIMITED TO) ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, LACK OF VIRUSES, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KCG MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY RELATING TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, ACCURACY, OR COMPLETENESS OF THE KCG SITE, ANY DATA, INFORMATION, RECORD, OR RESULTS OBTAINED THROUGH OR RESULTING FROM THE USE OF THE KCG SITE, OR THE ACCURACY OF THE INFORMATIONAL CONTENT, FOR ANY PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLIABLE LAW, KCG MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY THAT KCG WILL MEET THE CLIENTS’, OR ANY USER’S REQUIREMENTS OF EXPECTATIONS, THAT KCG WILL BE ERROR-FREE, THAT NAY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE DATA, INFORMATION, RECORDS, OR OTHER RESULTS OBTAINED FROM THE USE OF THE KCG SITE WILL BE ACCURATE OR RELIABLE FOR ANY OTHER PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLIABLE LAW, KCG SHALL NOT BE LIABLE TO THE VISITOR, ANY USER, OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN ANY ACTION OR CONTACT, EQUITY, STRICT LIABILITY, TORT (INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY) ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF PERFORMANCE OF OR INABILITY TO USE KCG OR ANY ERROR, OMISSION OR INACCURACY CONTAINED IN, ANY DATA, INFORMATION, RECORD OR RESULTS OBTAINED THROUGH OR RESULTING FROM THE USE OF KCG OR FROM ANY LOSS OR CORRUPTION OF DATA OR OTHER INFORMATION OR RECORD, EVEN IF KCG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH POSSIBILITY WAS REASONABLY FORESEEABLE INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF USE, FOR DELAY, LOSS OF BUSINESS, LOSS OF REVENUE, PROFITS OR SAVINGS, BUSINESS INTERRUPTION LOSS, LOSS OR CORRUPTION OF DATA OR OTHER INFORMATION OR RECORD, LOSS OF PRIVACY, AND LOSS OF GOODWILL, AND LIABILITY TO THIRD PARTIES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATED TO THE USE OF PERFORMANCE OR INABILITY TO USE KCG OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF INABILITY TO USE ANY DATA OR OTHER INFORMATION, RECORD, OR RESULTING OBTAINED THROUGH OR RESULTING FROM THE USE OF OR INABILITY TO USE KCG, ANY LOSS OR CORRUPTION OF DATA OR OTHER INFORMATION OR RECORD, OR ARISING FROM ANY FAILURE TO MEET ANY DUTY, INCLUDING (BUT NOT LIMITED TO) ANY DUTY OF GOOD FAITH OR TO EXERCISE COMMERCIALLY REASONABLE CARE, OR ARISING OUT OF ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE, EVEN IF KCG WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLIABLE LAW, KCG’S TOTAL LIABILITY AND OBLIGATIONS ARISING OUT OF OR IN ANY MANNER CONNECTED WITH OR RELATING TO THE VISITOR’S OR ANY USER’S USE OR INABILITY TO USE KCG IS LIMITED OT DIRECT DAMAGES WHICH SHALL NOT IN ANY EVENT EXCEED ONE HUNDRED SINGAPORE DOLLARS (S$100.00) IN THE AGGREGATE. TO THE MAXIMUM EXTENT PERMITTED BY APPLIABLE LAW, THIS LIMITATION APPLIES REGARDLESS AS TO WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLIABLE LAW, YOU WILL NOT BRING, REQUEST, JOIN, OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION PROCEEDING AS TO ANY CLAIM, DEMAND, SUIT OR CAUSE OF ACTION YOU MAY HAVE AGAINST KCG ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH THE KCG SITE, YOUR USE OF THE SITE, OR ANY SERVICES OBTAINED THROUGH THE KCG SITE, AND YOU WAIVE AND RELINQUISH ANY RIGHT YOU MAY NOW OR IN THE FUTURE HAVE TO BRING, REQUEST, JOIN OR PARTICIPATE IN ANY LAWSUIT OR ARBITRATION OR OTHER PROCEEDING ON A CLASS ACTION OR CONSOLIDATED BASIS OR TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM, DEMAND, SUIT OR CAUSE OF ACTION ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR USE OF THE KCG SITE, OR ANY OTHER SERVICE OBTAINED THROUGH THIS SITE. THIS PROVISION DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS AND REMEDIES TO PURSUE A CLAIM INDIVIDUALLY, AND NOT ON A CLASS ACTION, CLASS ARBITRATION OR CONSOLIDATED BASIS OR AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS.
Confidential Information includes these terms, statements of work, license agreements, business and marketing plans and strategies, non-public business and technology information, trade secrets, content provided in contact forms by you, which reasonably should be understood to be confidential. KCG will use commercially reasonable technology, industry best practices to ensure the integrity and security of all Confidential Information with respect to theft, piracy, and unauthorized access.
To the extent allowed by law, you agree to indemnify and hold harmless KCG against any and all claims and expenses, including reasonable attorneys’ fees, arising from the use of this Site. This indemnification expressly includes your responsibility for any and all liability arising from the violation or infringement of copyrights, trademarks or other proprietary rights and from the use of any libellous or unlawful material contained submitted.
Third-Party websites & Providers
In the event that any one or more of these provisions should be held invalid, illegal or unenforceable, such provisions will be modified, if possible, to the minimum extent necessary to make them valid and enforceable, or if they cannot be so modified, then severed, and the remaining provisions contained herein will not in any way be affected or impaired.
Governing Law; Jurisdiction
The validity, construction, enforcement and interpretation of these Terms and Conditions of Use is to be governed the laws of Singapore.
KCG’s failure to enforce strict performance of any provision of these Terms does not constitute a waiver of the right to subsequently enforce such provision.
By using our site, you consent to our terms and conditions as written in this agreement.