1.1 Contract
When you use our Platform you agree to all of these terms. Your use of our Platform is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information. You agree that by clicking “Join Now”, “Join Enchantxp”, “Sign Up” or similar, registering, accessing or using our platform (described below), you are agreeing to enter into a legally binding contract with Enchantxp (even if you are using our Platform on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Platform. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Platform.
This Contract applies to Enchantxp.com, Enchantxp-branded apps, Enchantxp Learning and other Enchantxp-related sites, apps, communications and other platform that state that they are offered under this Contract (“Platform”), including the offsite collection of data for those Platform, such as our advertising network and the “Apply with Enchantxp” and “Share with Enchantxp” plugins. Registered users of our Platform are considered as “Members”.
1.2 Members
When you register and join the Enchantxp platform or become a registered user on Enchantxp, you become a Member.
We may make changes to the Contract. We may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Platform, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Platform after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.
2.1 Service Eligibility
Here are some promises that you make to us in this Contract: You’re eligible to enter into this Contract and you are at least our “Minimum Age.” The Platform are not for use by anyone under the age of 15. To use the Platform, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Enchantxp account, which must be in your real name; and (3) you are not already restricted by Enchantxp from using the Platform. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16. “Minimum Age” means 16 years old. However, if law requires that you must be older in order for Enchantxp to lawfully provide the Platform to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
You will keep your password a secret. You will not share an account with anyone else and will follow our rules and the law. Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our list of Dos and Don’ts and Professional Community Policies. You are responsible for anything that happens through your account unless you close it or report misuse. As between you and others (including your employer), your account belongs to you. However, if the Platform were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices. Refunds are subject to our policy. If you buy any of our paid Platform (“Premium Platform”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Platform. Failure to pay these fees will result in the termination of your paid Platform. Also, you agree that:
You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices. You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. Please review your settings to control and limit messages you receive from us.
When you share information on our Platform, others can see, copy and use that information. Our Platform allow messaging and sharing of information in many ways, such as your profile, articles, group posts, links to news articles, job postings, messages and InMails. Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Platform). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Enchantxp connections, restricting your profile visibility from search engines, or opting not to notify others of your Enchantxp profile update). For job searching activities, we default to not notifying your connections network or the public. So, if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster. We are not obligated to publish any information or content on our Service and can remove it with or without notice.
You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it. We’ll honor the choices you make about who gets to see your information and content, including how it can be used for ads. As between you and Enchantxp, you own the content and information that you submit or post to the Platform, and you are only granting Enchantxp and our affiliates the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Platform and the platform of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
1. You can end this license for specific content by deleting such content from the Platform, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
2. We will not include your content in advertisements for the products and platform of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy. If you use a Service feature, we may mention that with your name or photo to promote that feature within our Platform, subject to your settings.
3. We will get your consent if we want to give others the right to publish your content beyond the Platform. However, if you choose to share your post as “public “, we will enable a feature that allows other Members to embed that public post onto third-party platform, and we enable search engines to make that public content findable though their platform. Learn More
4. While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
5. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license You and Enchantxp agree that if content includes personal data, it is subject to our Privacy Policy. You and Enchantxp agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding our Platform to Enchantxp, you agree that Enchantxp can use and share (but does not have to) such feedback for any purpose without compensation to you. You promise to only provide information and content that you have the right to share, and that your Enchantxp profile will be truthful. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Enchantxp may be required by law to remove certain information or content in certain countries.
We may change or end any Service or modify our prices prospectively. We may change, suspend or discontinue any of our Platform. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law. We don’t promise to store or keep showing any information and content that you’ve posted. Enchantxp is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
Your use of others’ content and information posted on our Platform, is at your own risk. Others may offer their own products and platform through our Platform, and we aren’t responsible for those third-party activities. By using the Platform, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Enchantxp generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Platform, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. Members have choices about this feature. Enchantxp may help connect Members offering their platform (career coaching, accounting, etc.) with Members seeking platform. Enchantxp does not perform nor employs individuals to perform these platform. You must be at least 18 years of age to offer, perform or procure these platform. You acknowledge that Enchantxp does not supervise, direct, control or monitor Members in the performance of these platform and agree that (1) Enchantxp is not responsible for the offering, performance or procurement of these platform, (2) Enchantxp does not endorse any particular Member’s offered platform, and (3) nothing shall create an employment, agency, or joint venture relationship between Enchantxp and any Member offering platform. If you are a Member offering platform, you represent and warrant that you have all the required licenses and will provide platform consistent with our Professional Community Policies.Similarly, Enchantxp may help you register for and/or attend events organized by Members and connect with other Members who are attendees at such events. You agree that (1) Enchantxp is not responsible for the conduct of any of the Members or other attendees at such events, (2) Enchantxp does not endorse any particular event listed on our Platform, (3) Enchantxp does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.
We use data and information about you to make relevant suggestions to you and others. We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
This is our disclaimer of legal liability for the quality, safety, or reliability of our Platform. Enchantxp AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE Platform, INCLUDING ANY REPRESENTATION THAT THE Platform WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE Platform (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, Enchantxp AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
These are the limits of legal liability we may have to you. TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS Enchantxp HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), Enchantxp, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS),
We have the right to limit how you connect and interact on our Platform. Enchantxp reserves the right to limit your use of the Platform, including the number of your connections and your ability to contact other Members. Enchantxp reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Platform (e.g., violating any of the Dos and Don’ts or Professional Community Policies ).
We’re providing you notice about our intellectual property rights. Enchantxp reserves all of its intellectual property rights in the Platform. Trademarks and logos used in connection with the Platform are the trademarks of their respective owners. Enchantxp, and “in” logos and other Enchantxp trademarks, service marks, graphics and logos used for our Platform are trademarks or registered trademarks of Enchantxp.
LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. Enchantxp AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO Enchantxp FOR THE Platform DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.
The limitations of liability in this Section 4 are part of the basis of the bargain between you and Enchantxp and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Enchantxp or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose. These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of platform and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
We can each end this Contract, but some rights and obligations survive. Both you and Enchantxp may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Platform. The following shall survive termination: • Our rights to use and disclose your feedback; • Members and/or Visitors’ rights to further re-share content and information you shared through the Platform; • Sections 4, 6, 7, and 8.2 of this Contract; • Any amounts owed by either party prior to termination remain owed after termination.
You can visit our Help Center to close your account.
In the unlikely event we end up in a legal dispute, you and Enchantxp agree to resolve it in Singapore courts using Singaporean law. This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Platform to you, where you have your habitual residence.
You and Enchantxp Ireland agree that the laws of Ireland, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Platform. You and Enchantxp Ireland agree that claims and disputes can be litigated only in Dublin, Ireland, and we each agree to personal jurisdiction of the courts located in Dublin, Ireland.
You and Enchantxp agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Platform. You and Enchantxp both agree that all claims and disputes can be litigated only in the federal or state courts in Santa Clara County, California, USA, and you and Enchantxp each agree to personal jurisdiction in those courts.
Here are some important details about the Contract. If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Platform) is the only agreement between us regarding the Platform and supersedes all prior agreements for the Platform. If we don’t act to enforce a breach of this Contract, that does not mean that Enchantxp has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Platform) to anyone without our consent. However, you agree that Enchantxp may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract. You agree that the only way to provide us legal notice is at the addresses provided in Section 10. 8. Enchantxp “Dos and Don’ts”
8.1. Dos Enchantxp is a community of professionals. This list of “Dos and Don’ts” along with our Professional Community Policies limit what you can and cannot do on our Platform.
You agree that you will: a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements; b. Provide accurate information to us and keep it updated; c. Use your real name on your profile; and d. Use the Platform in a professional manner.
1 .Create a false identity on Enchantxp, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
2. Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Platform or otherwise copy profiles and other data from the Platform;
3. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
4. Copy, use, disclose or distribute any information obtained from the Platform, whether directly or through third parties (such as search engines), without the consent of Enchantxp;
5. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
6. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
7. Violate the intellectual property or other rights of Enchantxp, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Enchantxp” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
8. Post anything that contains software viruses, worms, or any other harmful code;
9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
10. Imply or state that you are affiliated with or endorsed by Enchantxp without our express consent (e.g., representing yourself as an accredited Enchantxp trainer);
11. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Platform or related data or access to the same, without Enchantxp’s consent;
12. Deep-link to our Platform for any purpose other than to promote your profile or a Group on our Platform, without Enchantxp’s consent;
13. Use bots or other automated methods to access the Platform, add or download contacts, send or redirect messages;
14 .Monitor the Platform’ availability, performance or functionality for any competitive purpose;
15 . Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform;
16. Overlay or otherwise modify the Platform or their appearance (such as by inserting elements into the Platform or removing, covering, or obscuring an advertisement included on the Platform);
17. Interfere with the operation of, or place an unreasonable load on, the Platform (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
18. Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service, and the Bing Maps terms where applicable.
9. Complaints Regarding Content Contact information for complaint about content provided by our Members. We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.
10. How To Contact Us Our Contact information. Our Help Center also provides information about our Platform. For general inquiries, you may contact us online. For legal notices or service of process, you may write us at these addresses