1. Accepting These Terms
These Terms are a legally binding contract between you and Kanopiiis. The contract is between you and Kanopiiis SAS France. We'll just refer to Kanopiiis SAS. and all of its subsidiaries collectively as "Kanopiiis."
Please note that Section 11. Disputes with Kanopiiis contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use Kanopiiis.com, and our mobile apps, and the other services provided by Kanopiiis (we'll refer to all of these collectively as our "Services"), so please read it carefully. By using any of our Services (even just browsing one of our websites), you agree to the Terms. If you don't agree with the Terms, you may not use our Services. You with us? Great, read on!
2. Those Other Documents We Mentioned
Kanopiiis's Services connect people around the world, both online and offline, willing to share their asset in the field of career opportunities and especially:
- Users they have open positions to be filled, called here Company, and publishing these positions with Kanopiiis.
- People, they assume they have the talent required to fill positions Company publish with Kanopiiis platform, called here Talent
- People, they assume to make a referral for Talents they want to be candidates for the open positions, called here Referrer
- People they are acting in NGOs and willing to share and publish their social projects supported by all others 3 Users, called here NGO.
Here's a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
Our House Rules for Everyone:
Our House Rules for Company.
If you publish any positions for recruitment through our Services, these policies apply to you. You can read them here.
Our House Rules for Talents.
If you use our Services to apply to positions by being referred, these policies apply to you. You can read them here.
Our House Rules for Referrers.
If you use our Services to refer Talents to help them to be hired in Companies they publish position through our Services. You can read them here.
Our House Rules for NGOs.
If you use our services to find donation by linking one of your published social projects to one of the other Users, you can read them here.
Our House Rules for Third Parties.
These policies apply to intellectual property owners, Kanopiiis API users, affiliates, and anyone requesting information from Kanopiiis.
All of these policies are a part of our Terms, so be sure to read the ones that are relevant to you.
All following information's applies to everyone.
3. Your Privacy
Both Kanopiiis and sharing process members' personal information (for example, buyer name, email address and shipping address) are therefore considered separate and independent data controllers of User's personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a referrer accidentally discloses a Talent's name and email address when fulfilling another Company's project, the referrer, not Kanopiiis, will be responsible for that unauthorised disclosure.
If, however, Kanopiiis and users are found to be joint data controllers of user's personal information, and if Kanopiiis is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of user's personal information, you agree to indemnify Kanopiiis for the expenses it occurs in connection with your processing of Company's personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Kanopiiis.
4. Your Account with Kanopiiis
You'll need to create an account with Kanopiiis to use some of our Services. Here are a few rules about accounts with Kanopiiis:
- You must be 18 years or older to use our Services.
Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Kanopiiis or the Services. You are responsible for any and all account activity conducted by a minor on your account. For more information, see Kanopiiis's Minors Policy.
- Be honest with the sharing community and with us
Provide accurate information about yourself. It's prohibited to use false information or impersonate another person or company through your account.
Registered Users warrant that all "User-Generated Content " or UGC posted on the Website is correct and accurate (where they state facts) or genuinely held (where they state opinions).
- Choose an appropriate name.
If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone's intellectual property rights, or otherwise violates the Terms.
- You're responsible for your account.
You're solely responsible for any activity on your account. If you're sharing an account with other people, then the person whose personal information is on the account will ultimately be responsible for all activity. If you're registering as a business (in your Company's or NGO's Name i. e.) entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
- Protect your password.
As mentioned above, you're solely responsible for any activity on your account, so it's important to keep your account password secure. Here's a Help article on how to make your account more secure.
- Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Kanopiiis.
This detailed Help article should answer any questions you may have about registering an account with Kanopiiis.
5. Your Content
Content that you post using our Services is your content (so let's refer to it as "Your Content"). We don't make any claim to it, which includes anything you post using our Services (like company's names, social projects name's for NGO's, profile pictures, listing photos, listing descriptions, reviews, comments, usernames, etc.).
- Responsibility for Your Content.
You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you're not infringing or violating any third party's rights by posting it.
- Permission to Use Your Content.
By posting Your Content through our Services, you grant Kanopiiis a license to use it. We don't claim any ownership to Your Content, but we have your permission to use it to help Kanopiiis function and grow. That way, we won't infringe any rights you have in Your Content and we can help promote your stuff.
- Rights You Grant Kanopiiis.
By posting Your Content, you grant Kanopiiis a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Kanopiiis, your Kanopiiis account, or the Services in general, in any formats and through any channels, including across any Kanopiiis Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent.
It's necessary for us to keep Kanopiiis going and to obtain these rights. Here a few examples why: if you upload a photo of a position or a social project on your Kanopiiis account, we have permission to display it to Referrals and Talents, and we can resize it, so it looks useful to these Users using our mobile app; if you post a description in English, we can translate it into French so a user in Paris can learn the story behind your sharing project; and if you post a beautiful photo of your latest social project or Company`s position illustration, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your intention in sharing it and Kanopiiis's.
- Reporting Unauthorized Content.
By being an actor in the sharing economy, Kanopiiis will defend all rights of users willing to share, with great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person's intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We'll notify you if any of that happens.
E. Inappropriate, False, or Misleading Content.
This should be common sense, but there are certain types of content we don't want to be posted on Kanopiiis's Services (for legal reasons or otherwise). You agree that you will not post any content that is an abusive one, threatening, defamatory, obscene, vulgar, sexist, political or racial character or otherwise offensive or in violation of our Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
6. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services-subject to the Terms and the following restrictions in particular:
- Don't Use Our Services to Break the Law.
You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it's your responsibility to obtain any permits or licenses that your open position in a Company requires; you may not publish anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Kanopiiis, another Kanopiiis user, or a third party.
- Pay Your Bills.
You are responsible for paying all fees that you owe to Kanopiiis and third parties engaged in your use of Kanopiiis services. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. For users collecting benefits by using our services in Australia, Belarus, the EU, Iceland, India, New Zealand, Norway, Russia, Serbia, South Africa, South Korea, Switzerland, Taiwan, Turkey, or United Arab Emirates, Kanopiiis will help collect and remit the correct amount of value-added tax or VAT, if requested. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we'll just refer to VAT, GST, and any local sales taxes collectively as "VAT." In addition, Kanopiiis will calculate, collect, and remit sales tax where applicable. Please see this FAQ for more information. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.
- Dont't steal our stuff.
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- Don't Try to Harm Our Systems.
You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- Follow Our Trademark Policy
The name "Kanopiiis" and the other Kanopiiis marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Kanopiiis in 164 countries. If you'd like to use our trademarks, please follow our Trademark Policy.
- Share Your Ideas.
Of course, as an actor in the sharing economy, we love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Kanopiiis (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Talk to Us Online.
From time to time, Kanopiiis will provide you with certain legal information in writing. By using our Services, you're agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it's better for the environment), and that your electronic agreement is the same as your signature on paper.
Termination By You.
It isn't a good feeling to see you go, but you may terminate your account with Kanopiiis at any time from your account settings. You can find more information in this Help article. Terminating your account will not affect the availability of some of your Content that you posted through the Services prior to termination. By the way, you'll still have to pay any outstanding bills.
Termination By Kanopiiis.
We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it's important to understand that you don't have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Kanopiiis may refuse service to anyone, at any time, for any reason.
If you or Kanopiiis terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services.
Kanopiiis reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties and Limitation of Liability
Services You Purchase.
It seems clear to all of our community members, that Kanopiiis does not manufacture, store, or inspect any of the services "sold through" our Services. We provide the venue; the offers in our marketplaces are listed and promised directly by independent users, so Kanopiiis cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to a service you become must be brought directly against the seller of the services. You release Kanopiiis from any claims related to services through our Services.
Content You Access.
You may come across services that you find false or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Kanopiiis is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content. You will easily understand that the complex world of legal regulations worldwide will not allow us to enter in responsibility in your place for your handling of sharing services. As our Service will, in addition, be based on the scoring of the appropriate and right contribution to all users, all false or inappropriate content and handling will be part of what we call here your Reputation.
People You Interact With.
You will use the Services to interact with other individuals, either online or in person, because Kanopiiis purpose is to let you share your interests and your reputation. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Kanopiiis is dedicated to making our Services the best they can be, but we're not perfect and sometimes things can go wrong. You understand that our Services are provided "as is" and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither Kanopiiis, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Kanopiiis's aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars (USD) or the amount you paid Kanopiiis in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
9. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if Kanopiiis gets sued because of something that you did, you agree to defend and indemnify us. That means you'll defend Kanopiiis (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney's fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account's infringement of someone else's rights.
We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with Other Users
If you find yourself in a dispute with another user of Kanopiiis's Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Users who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. You can find details about the case system in this Help article. Kanopiiis will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Kanopiiis has no obligation to resolve any disputes.
Release of Kanopiiis.
You release Kanopiiis from any claims, demands, and damages arising out of disputes with other users or parties.
11. Disputes with Kanopiiis
- Governing Law.
The Terms are governed by the laws of France, Paris, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live, but if you live outside of France, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
You and Kanopiiis agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language. A sole arbitrator will handle arbitration by following those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis - class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Kanopiiis are each waiving the right to trial by jury or to participate in a class action or class arbitration.
If we make any changes to this "Disputes with Kanopiiis" section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Kanopiiis prior to the date the changes became effective. Kanopiiis will notify you of substantive changes to the "Disputes with Kanopiiis" section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Kanopiiis a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Kanopiiis in accordance with the provisions of this "Disputes with Kanopiiis" section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
12. Changes to the Terms
These Terms will be updated from time to time. If we believe that the changes are material, we'll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Kanopiiis regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
14. Contact Information
If you have any questions about the Terms, please email us at legal@Kanopiiis.com.