TERMS & CONDITONS

KIMECOPAK

TERMS & CONDITONS OF USE AGREEMENT

Last updated: 12th March 2022

Welcome to KIMECOPAK, can be accessed by www.KimEcopak.ca (referred to as the “Website”) operated by KIMECOPAK INC. By using our Services, you agree to be bound by these Terms & Conditions of Use Agreement (this “Agreement” or “Terms of Use”). If you wish to become a member or make use of the KIMECOPAK’s services (the “Services”), please read the Terms & Conditions of Use carefully. Please note that you may only use this Services if you agree to be bound by the full set of this Agreement and our Privacy Policy.

This Agreement is subject to change by KIMECOPAK at its sole discretion at any time, and any such changes will be posted on the Services. Your continued use of this Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions.

1. ACCEPTANCE OF TERMS OF USE AGREEMENT.

a. Electronic Agreements. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Services and your membership in the Services. Because the Services are provided electronically, you must consent to KimEcopak's providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively "Electronic Records"), rather than in paper form. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that KimEcopak may be required to provide to you.

b. Withdraw Your Consent. You may withdraw your consent to receive Electronic Records by contacting us in writing at the address provided above. However, the Services provided by KimEcopak are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent will result in your account being deactivated. You can obtain a paper copy of an Electronic Record by contacting us in writing at the address provided above, provided that KIMECOPAK may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.

2. ELIGIBILITY.

You must be at least 16 years old to use or to register for the Services. By using the Services, you represent and warrant that you are at least 16 years old. Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (i) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement and (ii) you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. KIMECOPAK DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, KimEcopak reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. By agreeing to these terms and conditions, you hereby authorize any such check.

3. USE OF SERVICES.

a. Membership. You may become a Member of the Services at no cost. As a Member, you will have the ability to participate in all of the features and services available within the Services.

b. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify KimEcopak of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. KimEcopak will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a shared smartphone so that others are not able to view or record your password or other personal information.

c. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that KimEcopak is not responsible for third party access to your account that results from theft or misappropriation of your usernames and passwords.

d. Information Submitted. You are solely responsible for, and assume all liability regarding to (i) the information and content you contribute on the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (collectively called as "Content") through the Services; and (iii) your interactions with other Members through the Services.

e. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including meetings. You agree to take all necessary precautions when meeting individuals through the Services.

f. No Guarantees. KimEcopak cannot and does not control the Content contained in any photos and conversations between any Members. You understand and agree that KimEcopak makes NO guarantees, either express or implied, regarding your ultimate compatibility with individuals you may communicate or meet or talk with through the Services. KimEcopak is NOT responsible for and disclaims any and all liability related to any and all Content. Accordingly, any communicate or meet or talk among Members will be made at the Member's own risk.

g. Operating Guarantees. KimEcopak will try its best to make KimEcopak available as much as possible, however, KimEcopak does not guarantee that it will be operating and running all of the time due to maintenance, upgrades and potential technical difficulties.

h. Reporting of Violations. You will promptly report to KimEcopak any violation of the Agreement by others, including but not limited to, Members.

i. Content Removal. KimEcopak reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. KimEcopak will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.

j. Posting and Communication Restrictions. You will not post on the Services, transmit to other users, communicate any Content (or links thereto), or otherwise engage in any activity on the Website or through the Services, that:
(i) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(ii) is intended to or tends to harass, annoy, threaten or intimidate any other Members of the Website or Services;
(iii) is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
(iv) contains others' copyrighted Content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
(v) contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
(vi) promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
(vii) are intended to defraud, swindle or deceive other Members of the Services;
(viii) contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
(ix) promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
(x) disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
(xi) is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Website;
(xii) impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
(xiii) solicits gambling or engages in any gambling or similar activity;
(xiv) uses scripts, bots or other automated technology to access the Website or Services;
(xv) uses the Website or Services for chain letter, junk mail or spam e-mails;
(xvi) collects or solicits personal information about anyone under 16; or
(xvii) is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.

k. No False Information. You will not provide inaccurate, misleading or false information to KimEcopak or to any other Member. If information provided to KimEcopak or another Member subsequently becomes inaccurate, misleading or false, you will promptly notify KimEcopak of such change.

l. No Advertising or Commercial Solicitation. You will not advertise or solicit any Member to buy or sell any products or services through the Website or Services. You may not transmit any chain letters, junk or spam e-mail to other Members. Furthermore, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to KimEcopak, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay KimEcopak US$500 for each such unsolicited communication you send through the Services.

m. Unique Profile. As a Member of the Services, you will create only one unique profile. Not all Members are available for ranking. From time to time, KimEcopak may create test profiles in order to monitor the operation of the Services. KimEcopak reserves its right to immediately remove any similar Profile at its sole discretion and claim to have the Member reimburse KimEcopak, its partners/clients and any other Members for any and all of damages incurred.

n. Removal of Profile. KimEcopak also reserves the right, at any time and without prior notice, to immediately remove any Profile which, at its sole discretion, it considers to be in violation with KimEcopak’s policies or applicable laws, or otherwise harmful to the Website or Services.

o. Selection of Profiles. From time to time, your profile may be selected for introducing of our special function. For example, if we win one of our campaign or if decided to post your photo in our Website, we might want to promote your photo & promote them in our Website and in other social networking pages.

p. Rewarding. KimEcopak has the right to reward to its Members and/or reward Members with prizes at its own discretion.

q. No Harassment of KimEcopak's Employees or its Subsidiaries/Agents. You will not harass, annoy, intimidate or threaten any KimEcopak employees or its Subsidiaries/Agents engaged in providing any portion of the Services to you.

r. Social Media. The primary condition to sign up for any Member is using their mobile phone number. However, we may provide you the option to connect your KimEcopak Account to your accounts on other social networking websites (such as via Facebook) for the purpose of sharing and uploading information. When enabling this feature, we will disclose to you the information we collect from the connected social networking website, and will use such information in compliance with our Privacy Policy. By connecting your KimEcopak Account to your account on any social networking website, you hereby consent to the continuous release of information about you to KimEcopak. We will not send any of your KimEcopak Account information to the connected social networking website without first disclosing that to you. You can always disconnect the accounts via your KimEcopak “Account Settings” screen. Each social network may further allow you to set privacy controls around your information on their system, and KimEcopak’s collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking website involved, and therefore the available features and shared information are subject to change without notifying you.



4. PROPRIETARY RIGHTS.

a. Ownership of Proprietary Information. You hereby acknowledge and agree that, as the owner of the Website, KIMECOPAK is the owner of highly valuable proprietary information, including without limitation, the patented compatibility profiles and photos (collectively, "Confidential Information"). KIMECOPAK owns and hereby retains all proprietary rights in the Services and the Website, including but not limited to, all Confidential Information.

b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.

c. Other Members' Information. Other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any KimEcopak or third party proprietary information available via the Services or the Website.

d. License to Posted or Accessed Content. By posting information or Content to any profile page or public area of the Services, or making it accessible to us by linking your KimEcopak Account to any of your social network account (e.g. via Facebook), you automatically grant, and you represent and warrant that you have the right to grant, to KimEcopak and its Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and Content, and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sub-licenses of the foregoing in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such information or Content, whether in whole or in part and in any format or medium currently known or developed in the future). From time to time, we may create, test or implement new features or programs on the Website in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.

5. COPYRIGHT POLICY.

a. By submitting Content to KimEcopak you are warranting that you are the exclusive author and owner of that Content and you agree that you waive any and all moral rights relating to that Content (including, without limitation, the right to be identified as the author).
b. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide us at the email address halo@KimEcopak.ca with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
c. KimEcopak has the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or of their right to privacy or any other laws.

6. PROHIBITED ACTIVITIES.

KimEcopak reserves the right to investigate and terminate your membership if you have misused the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Services:
a. You will not impersonate any person or entity.
b. You will not “stalk” or otherwise harass any person.
c. You will not loiterer or solicit prostitution in any form or doing any prostitution-related activities.
d. You will not express or imply that any statements you make are endorsed by KimEcopak without our specific prior written consent.
e. You are not allowed to have an abstract profile pictures (like cartoon pictures), your detailed profile description must describe yourselves accurately.
f. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its Content.
g. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
h. You will not remove any copyright, trademark or other proprietary rights notices contained in the Services.
i. You will not interfere with or disrupt the Services or the Website or the servers or networks connected to the Services or the Website.
j. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
k. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services.
l. You will not “frame” or “mirror” any part of the Services or the Website, without KimEcopak's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to KimEcopak or the Services or the site in order to direct any person to any other website for any purpose.
m. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or the Website or any software used on or for the Services or cause others to do so.

7. MEMBER INFORMATION.

a. Privacy Policy. For information about the collection and possible use of information and material provided by you, please click on KimEcopak's Privacy Policy. By accessing the Website or becoming a Member, you accept this Agreement, our Privacy Policy and agree to all of the terms, conditions and notices contained or referenced herein.

b. Private information protection. KimEcopak shall not reveal your private and confidential information such as you email, phone number, bank account or credit card. You are aware that you will not and should not display any personal and confidential information such as bank account, credit card, email and phone number to the public and other people. If you choose to do so, you do so at your own risk.

c. No Contact Information. You agree that you will not post any e-mail addresses, personal address or profile page you may have on a third party website, or other contact information in your profile when using the Services or in any other communications you may have with other Members.

d. Disclosure By Law. You acknowledge and agree that KimEcopak may disclose information you provide if required to do so by laws, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (ii) protect or defend KimEcopak's or a third party's, rights or property; or (iii) protect someone's health or safety, such as when harm or violence against any person (including the Member) is threatened.

e. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Policy, KimEcopak reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole discretion, KimEcopak suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that KimEcopak, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that KimEcopak is permitted to make such disclosure.

f. Use of Anonymous Information for Research. By using the Services, you agree to allow KimEcopak to anonymously use the information from you and your experiences through the Services to continue KimEcopak's research into successful relationships and to improve the Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.

8. REGISTER TO THE SERVICES

a. What can Members buy from KimEcopak? You can pay to: (i) Buy product in the Website & (ii) Receiving special promotion packages exclusive for member, that are from time to time.

b. Billing and Payment. KimEcopak bills you through an online account (your “Billing Account”) for use of the Services. You agree to pay KimEcopak all charges at the prices you agreed to for any use of the Services by you or other persons (including your agents) using your Billing Account, and you authorize KimEcopak to charge your chosen payment provider (your “Payment Method”) for the Services. You agree to make payment using that selected Payment Method. KimEcopak may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section 8 includes any agreements you made with KimEcopak on the Website when becoming a KimEcopak’s Member. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.

c. Period. Your membership will continue indefinitely until cancelled by your request or being cancelled by KimEcopak at its sole discretion, at the same conditions and terms you agreed to when registering.

d. Current Information. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify KimEcopak if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your username or password). Changes to such information can be made at “Account Settings” screen on the Website. If you fail to provide KimEcopak any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers of you credit or debit card as provided by your credit or debit card issuer.

e. Reaffirmation of Authorization. Your non-termination or continued use of the Services reaffirms that KimEcopak is authorized to charge your Payment Method. KimEcopak may submit those charges for payment and you will be responsible for such charges. This does not waive KimEcopak's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially registered to the Services.

f. Marketing SMS: By consenting to KimEcopak's SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

• If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
• If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
• For any questions, please text HELP to the number you received the messages from. You can also contact us at halo@kimecopak.ca for more information.
• We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

9. LINKS TO THIRD-PARTY WEB SITES/DEALINGS WITH ADVERTISERS AND SPONSORS.

The Services may contain links to websites of third-parties, including without limitation, advertisers, which are not under the control of KimEcopak, and KimEcopak is not responsible for the Content of any linked site or any link contained in a linked site, or any changes or updates to such websites. KimEcopak provides these links to you only as a convenience, and the inclusion of any link does not imply that KimEcopak endorses or accepts any responsibility for the Content on such third-party website. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that KimEcopak will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to KimEcopak with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services. Please visit our Privacy Policy to learn more about how we use your information.

10. DISCLAIMER OF WARRANTY.

a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AS THE OWNER OF KIMECOPAK, KIMECOPAK LIMITED PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE WEBSITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KIMECOPAK LIMITED DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. KIMECOPAK LIMITED DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.

b. Third Party Content. Opinions, advice, statements, offers, or other information or Content made available through the Services, but not directly by KimEcopak, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. KimEcopak does not: (i) guarantee the accuracy, completeness or usefulness of any information provided on the services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than KIMECOPAK LIMITED. Under no circumstances will KimEcopak be responsible for any loss or damage resulting from anyone's reliance on information or other Content posted on the services, or transmitted to or by any Members.

c. Beta Features. From time to time, KimEcopak may offer new "beta" features or tools with which its Members may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at KimEcopak's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.

11. LIMITATION OF LIABILITY.

a. Incidental Damages and Aggregate Liability. To the maximum extent permitted by applicable law, in no event will KimEcopak be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the services, including, without limitation, damages for loss or corruption of data or programs, services interruptions and procurement of substitute services, even if KimEcopak knows or has been advised of the possibility of such damages.

b. No liability for KimEcopak's non-actions. To the maximum extent permitted by applicable law, in no event will KimEcopak be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members of the services. This includes any claims, losses or damages arising from the conduct of Members who have registered under false pretenses or who attempt to defraud or harm you.

c. Information Verification. KimEcopak and its contractors may use various ways of verifying information that Members have provided. However, none of those ways are perfect, and you agree that KimEcopak and its contractors will have no liability to you arising from any incorrectly verified information.



12. INDEMNIFICATION.

You agree to indemnify, defend and hold harmless KimEcopak, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (i) your use of or inability to use the Website or Services, (ii) any postings made by you, (iii) your violation of any terms of this Agreement or your violation of any rights of a third party, or (iv) your violation of any applicable laws, rules or regulations. KimEcopak reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KimEcopak in asserting any available defenses.

13. CUSTOMER SERVICES AND ABUSE/COMPLAINTS/QUESTIONS.
To resolve a complaint regarding the Service, you should firstly review our Frequently Asked Questions (FAQs) by clicking on the Help link located at the bottom of any page of the Website. You can also report to us any inappropriate actions from other Members by using the “Report” function in the Website. Otherwise, KimEcopak provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of any unused applicable fees.

14. COMMUNICATION AND PRIVACY.

Use of the Website and/or the Services is also governed by our Privacy Policy. When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Services, such as administrative notices and services announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see the KimEcopak’s Privacy Policy for more information regarding these communications.

15. TERM AND TERMINATION.

This Agreement will become effective upon your acceptance of the Agreement by your use of the Website or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or KimEcopak may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. KimEcopak reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to KimEcopak by you will be nonrefundable and all outstanding or pending payments will immediately be due. Following any termination of any Member's use of the Services, KimEcopak reserves the right but not obligation to send a notice thereof to other Members which whom you have corresponded.

16. CANCELLATIONS.

Except as otherwise stated in this section, you may cancel your registration to any Services at any time during the term of such registration by accessing the "Account Settings". In such case, your registration will terminate right at the time you terminate you will not receive any refund for any fee had paid.

17. TAXES

a. As a Member of KIMECOPAK, you understand and acknowledge that you are solely responsible for the tax obligations in connection with any income and/or any other prizes/awards obtained from KimEcopak with appropriate governmental agencies, departments or authorities. KimEcopak hereby cannot and shall not offer tax-related advice to any Members.
b. KimEcopak reserves its right at its sole discretion to withhold taxes from payments to you and/or freeze all payouts to you as required by law and pay such applicable taxes to the tax authorities.

18. GOVERNING LAWS AND DISPUTE RESOLUTION.

a. Governing Laws. This Agreement and any dispute between the Parties shall be governed by the laws of Singapore without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by Rules of Arbitration of Singapore International Arbitration Centre (SIAC).

b. Arbitration of Disputes. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Services, or the Website shall be BINDING ARBITRATION administered by the SIAC, under the Rules of Arbitration of SIAC, by one or more arbitrators appointed in accordance with said Rules.

c. Notice of Rights. By using the Website or the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and KimEcopak. You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury.

19. GENERAL PROVISIONS.

This Agreement, which you accept upon registration for the Services, the Policy, and any applicable payment, renewal, additional Services terms, comprise the entire agreement between you and KimEcopak regarding the use of its Services.

20. AMENDMENTS.

This Agreement contains the entire agreement between you and KimEcopak regarding the use of the Website and/or the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by KimEcopak at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the KimEcopak Website and your use of the Services after such posting will constitute acceptance by you of the revised Agreement.

Please Contact Us with any questions regarding this agreement. KimEcopak is a registered trademark.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.