These terms and conditions outline the rules and regulations for the use of GKOF Company Limited.
This Agreement sets forth the terms and conditions that apply to your access and use of the Website owned and operated by GKOF (the “GKOF Website”) and related services.
Please read the following information carefully. By using the GKOF Website you agree to be bound by the terms and conditions of this Agreement and GKOF’s Privacy Policy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to be bound by the terms and conditions of this Agreement, promptly exit the GKOF Website.
“Billable Users” means those types of Users (defined below) for which we charge you fees as set forth on the pricing sheet provided.
“Billing Period” means the period for which you agree to prepay fees under an Order Form, which will be the same as or shorter than the Subscription Term. For example, if you subscribe to the Service for a one (1) year Initial Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.
“Order Form” or “Order” means the GKOF-approved form or online subscription process by which you agree to subscribe to the Service. Most Orders are completed through our website processed using Stripe and Billflow.
“Pricing Sheet” means the information sheet provided by the GKOF representative during the sales process. Or any pricing sheets that are shared with the individual.
“Subscription Fee” means the amount you pay for the Service.
“Subscription Term” means the Initial Subscription Term and all Renewal Subscription Terms.
By using the Software information, tools, features and functionality located on the GKOF Website (together the “Service” or “Services”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the GKOF Website) or you are a “User” (which means that you have signed up with GKOF). The term “you” or “User” refers to a Visitor or a User. If you wish to become a User and make use of the Service, you must read this Agreement and indicate your acceptance during the Sign up process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with GKOF. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
For information about GKOF’s privacy practices, please read GKOF’s Privacy Policy. This policy explains how GKOF treats your personal and corporate information, and protects your privacy, when you access the GKOF Website and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
Subject to the terms and conditions of this Agreement, GKOF grants to you, during the term of this Agreement, the non-transferable, non-sublicensable, nonexclusive, revocable right to use the Service and the GKOF Website for the sole purpose of research, generate reports, and for personal use and not for purposes of resale to public, dissemination to third parties or for any other purpose. All use of the Services not permitted in these Terms of Service are strictly prohibited. Nothing in this Agreement grants or transfers to you any ownership rights in the Service, including the software and other intellectual property rights related to the Service.
The Service is a web-based application that allows Users to engage, nurture, manage prospects and customers on the GKOF Website. You may access the Services by paying for one or more licenses to a GKOF product. The license determines the precise product and service plan you have purchased.
We modify the Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience. But we will not make changes to the Service that materially reduce the functionality of the Service provided to you during the Subscription Term. We might provide some or all elements of the Service through third party service providers.
In order to use our Services you must link a third party email account to your GKOF account. With your permission (which you are granting by using the Service), we will create and update versions of your address book and emails for you to access in GKOF. You will also have the option to import and update versions of your calendar, social media contacts, and you can later choose to upload files to or provide comments through GKOF (together, “Your Data”).
You retain full ownership of Your Data. We do not claim any ownership over any of Your Data.
You are solely responsible for your conduct, the content of Your Data and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have all rights and permissions needed to comply with these Terms and to avoid infringement or violation of any rights of others.
You acknowledge that GKOF has no obligation to monitor any information on the Services and that we are not responsible for the accuracy, completeness, appropriateness, safety or legality of Your Data or any other information or content you may be able to access using the Services.
Nothing in this Agreement will restrict GKOF from collecting, using and analyzing general information and data from its customers (including you) in an aggregated manner for purposes of improving and enhancing the quality and nature of Services, or to market or publish general information and statistics, provided that GKOF does not specifically identify You or disclose publicly any personally identifiable information in the course of collecting, using, analyzing, marketing or publishing that information or data. Additional information about what we do with Your Data and how we collect and use other information relating to You and Your use of the Services is explained in our Privacy Policy.
Subject to the limited exceptions specified in our Privacy Policy, until you choose otherwise, all of Your Data remains visible only to you. However, the Services do allow you to share Your Data with others. If you choose to share Your Data, we cannot be responsible for what those other users do with Your Data, so please carefully consider what you share and with whom you share it.
A Third Party Product is any third party product, application, service, software, network, system, directory, website, database and/or information obtained separately by you which links to the Services, or which you may connect to or enable in conjunction with the Services, including, without limitation, Third Party Products which may be integrated directly into the Services by you or at your direction. If you or your Authorized Users (which shall be defined as any employee, contractor, or agent of yours who is authorized to use the GKOF Services and who has access to the GKOF Services via a unique username and password under your account) choose to share Your Data in any manner, including through a Third Party Product or integration you are solely responsible for what that third party may do with Your Data, and your relationship with that third party . Likewise, you are solely responsible for any of the effects a Third Party Product may have on Your Data, including deleting or corrupting Your Data. You acknowledge that GKOF is not responsible for the disclosure of Your Data by you or your agents (including your Authorized Users) to any third parties or the effects of any Third Party Product on Your Data.
What we do with Your Data, and how we collect and use other information relating to you generally is explained in our Privacy Policy.
The limits that apply to you will be specified in the Pricing Sheet provided through email or on our website. You will be charged fees associated with all Billable Users. If we make modifications to the limits set forth on the Pricing Sheet that would negatively impact you, these modifications will not apply to you until the start of your next Renewal Subscription Term. On renewal, the current product usage limits on our updated Pricing Sheet or will apply to your subscription, unless you and we otherwise agree.
The limit of prospects messaged per month provided in the pricing sheet is not a monthly guarantee and cannot be used against GKOF for refunds or subscription term adjustments. Based on the pricing sheet and the pricing plan you sign up for, you are allotted that specific amount of prospects to be messaged per month and you have the option in your client dashboard (Allotted Invites tab) to use the entire amount allotted or a lesser amount depending on your preference or situation.
Unless otherwise indicated on an Order Form or Statement of Work (SOW), all fees will be due and payable upon commencement of the Services (“Service Fees”). If you fail to pay Service Fees within five (5) business days of notice to you that payment is due or delinquent, or if you do not update payment information upon request, we may suspend or terminate access to the Services by you or your Authorized Users without notice. In the event your access to Services is suspended or terminated, you remain liable for all outstanding Service Fees, including the full charge for the remainder of your subscription term.
You will pay all applicable sales, use, service, value-added, consumption or other taxes associated with the Services you purchase. GKOF will pay all taxes on its income and all taxes and insurance associated with its personnel. Payments made by credit card or debit card may be billed and processed by an agent on behalf of GKOF. Such agent shall act solely as a billing and processing agent for and on behalf of GKOF and shall not be construed to be providing the Service. If you mandate the use of any specific payment portal or other processing agent which charges a fee to GKOF of any kind, you shall be invoiced the cost of such fee and obligated to pay it.
After the Initial Subscription Term, the Service Fees are subject to change and may be changed upon notice to you at least sixty (60) days prior to the start of any Renewal Subscription Term (as defined below).
The Service may permit you to see or link to other websites or resources on the Internet, and other websites or resources may contain links to the GKOF Website. GKOF makes no representations whatsoever about any other website that you may access through the GKOF Website.
These other websites are not under GKOF’s control, and you acknowledge that GKOF is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by GKOF or any association with its operators or that GKOF accepts any responsibility for the content, or the use, of the linked website.
You acknowledge that it is your responsibility to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. You further acknowledge and agree that GKOF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address, allows you to access the Service. That email address and password, together with any or other user information you provide form your “Profile Information.”
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate.
If you become aware of any unauthorized use of your Profile Information, you agree to notify GKOF immediately at the email address – [email protected].
You understand that GKOF has disclosed or may disclose business, technical or financial information relating to its business (hereinafter referred to as “Proprietary Information” of GKOF). Proprietary Information of GKOF includes non-public information regarding features, functionality and performance of the Service. You agree: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. GKOF agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that you can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from GKOF, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of GKOF or (e) is required to be disclosed by law.
GKOF shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with support, and (c) all intellectual property rights related to any of the foregoing.
Your right to access and use the GKOF Website and the Service is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are only entitled to access and use the GKOF Website for lawful purposes.
You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your Profile Information. In order for the Service to function effectively, you must also keep your Profile Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the GKOF Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the GKOF Website or other actions that GKOF, in its sole discretion, may elect to take. We monitor and maintain 99.9% uptime or better and notify you at the earliest possible time when there is system-wide service disruptions and provide you with an estimated time to recover.
The Service and the contents of the GKOF Website, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under Vietnam and international copyright, trademark and other laws. The contents of the GKOF Website belong or are licensed to GKOF or its software or content suppliers. You may download or print a copy of the information provided on or by the GKOF Website for your personal and internal use only. Any distribution, reprint or electronic reproduction of any content from the GKOF Website in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Any rights not expressly granted by the Terms or Conditions of this Agreement or any applicable end user license agreements are reserved by GKOF.
You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.
You agree that you will not:
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE GKOF WEBSITE OR PROVIDED THROUGH THE SERVICE OR THE GKOF WEBSITE ARE PROVIDED TO YOU ON AN “AS-IS”, WITH ALL FAULTS, AND “AS AVAILABLE” BASIS. GKOF MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE CONTENT OR OPERATION OF THE GKOF WEBSITE, THE GKOF WEBSITE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
GKOF MAKES NO REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE GKOF WEBSITE OR OF THE SERVICE, OR WHICH IS DERIVED FROM OR BY THE USE OF THE GKOF WEBSITE OR THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE CONTENT AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE GKOF WEBSITE OR THE SERVICES. GKOF DOES NOT WARRANT OR REPRESENT THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OR IMPROPER ACCESS TO YOUR DATA. GKOF IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
GKOF IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY GKOF.
GKOF, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE GKOF WEBSITE, GKOF WEBSITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE GKOF WEBSITE, AND/OR ANY HYPERLINKED WEBSITE. UNLESS OTHERWISE STATED HEREIN, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE GKOF WEBSITE, GKOF WEBSITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE GKOF WEBSITE AND/OR THOSE SERVICES.
Although GKOF attempts to ensure the integrity and accurateness of the GKOF Website, it makes no guarantees whatsoever as to the correctness or accuracy of the GKOF Website. It is possible that the GKOF Website could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the GKOF Website by third parties. In the event that an inaccuracy arises, please inform GKOF, so that it can be corrected.
THE SERVICE AND THE GKOF WEBSITE IS PROVIDED FOR EVALUATION AND TESTING PURPOSES ONLY, AND OWING TO ITS EXPERIMENTAL NATURE, YOU ARE ADVISED NOT TO RELY ON THE FEATURES OR PERFORMANCE OF THE SERVICE AND THE GKOF WEBSITE FOR ANY REASON. YOU AGREE TO USE THE SERVICE AND THE GKOF WEBSITE WITH ALL DUE CAUTION, AND TO TAKE EVERY PRECAUTION TO ENSURE THE INTEGRITY OF YOUR DATA, HARDWARE, SOFTWARE.
GKOF IS NOT A LINKEDIN PRODUCT. GKOF SERVICES, SOFTWARE AND TOOLS ARE NOT ENDORSED BY LINKEDIN AND ARE NOT AFFILIATES WITH LINKEDIN.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GKOF OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES HEREIN.
GKOF SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, DATA, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR USE OR ACCESS TO THE GKOF WEBSITE, THE SERVICE OR THIS AGREEMENT, EVEN IF GKOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, GKOF’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED, IN AGGREGATE FOR ANY AND ALL CLAIMS ARISING OUT OF, OR RELATED TO THIS AGREEMENT, TO THE LESSER OF ONE HUNDRED DOLLARS OR THE TOTAL AMOUNTS YOU HAVE ACTUALLY PAID FOR THE SERVICE IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR HAVE A TRIAL BY JURY FOR ANY MATTER, DISPUTE, PROCEEDING OR ACTION ARISING OUT OF, OR RELATED TO, THIS AGREEMENT.
You shall defend, indemnify and hold harmless GKOF and its officers, directors, agents, owners, shareholders and employees, from and against all claims, actions, proceedings, fees, costs, damages and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you or to any use by you of the Service or the GKOF Website.
GKOF may modify this Agreement from time to time. You will be notified of any and all changes to this Agreement through a prominent notice on the GKOF Website site or an email notice. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
If there is any dispute between you and GKOF about or involving the GKOF Website or the Service, by using the GKOF Website or the Service, you agree that the dispute shall be governed by and construed in accordance with the laws of Vietnam applicable therein without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in respect to any claim, proceeding or action relating to or otherwise arising out of or related to this Agreement, the GKOF Website, or its Service howsoever arising, provided always that GKOF may seek and obtain injunctive relief in any jurisdiction in relation to this Agreement.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if GKOF does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which GKOF has the benefit of under any applicable law), this will not be taken to be a formal waiver of GKOF’s rights and that those rights or remedies will still be available to GKOF.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
Notwithstanding any term to the contrary contained in this Agreement, the provisions which by their nature ought reasonably to survive shall survive any actual or purported termination or expiry of this Agreement, and continue in full force and effect, including without limitation all sections herein.
This Agreement represents the entire understanding and agreement between you and GKOF regarding the subject matter of the same, and supersedes and replaces all other previous agreements, including, without limitation all previously posted agreements.
End of Terms of Service
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at [email protected]