ICONNHRM Terms of Service
Please read these Terms of Service (“Agreement”, “Terms of Service”, “Terms”) carefully. This Agreement is legally binding and made by and between Kerner Norland Pte Ltd (the “Company”, “our”, “us”, “we”) and each individual, business, organization or other person or entity (“you”, “your”, “user/s”) that uses and or accesses the website as well as any other media form including but not limited to, iCONN HRM software, media channel, mobile website or mobile application related or connected thereto (collectively referred to as “iCONN HRM Portal”) to use the iCONN HRM Application (“Licensed Application”) provided by the Company.
By accessing or using the iCONN HRM Portal, you agree to be bound to Terms and Service described in this Agreement. If you do not agree to these Terms of Service, do not subscribe to, access, or use the iCONN HRM Portal or the Licensed Application. Each time any iCONN HRM Portal is used, an implicit affirmation is given for the acceptance of the terms and conditions herein.
The Licensed Application is created to assist organizations to manage employee details, employee time logs and attendance, leave and payroll.
The iCONN HRM Portal system and the Licensed Application is offered to you conditional upon your acceptance of the terms, conditions, and notices contained herein and updated from time to time. We may modify these Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Although we will endeavour to provide you with notice of material changes, your use of the iCONN HRM Portal after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. The Company may modify, suspend, discontinue or restrict the use of any portion of the iCONN HRM Portal system, including the availability of any portion of the content at any time, without notice or liability.
Limited Right to Use
Subject to applicable subscription fee as set out in the Company fee and refund policy you are granted only a limited, non-exclusive, non-transferable, non-sub-licensable license to use the iCONN HRM Portal and the Licensed Application, for use solely by you and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the iCONN HRM Portal or the Licensed Application.
Description of the Licensed Application
The Licensed Application is a human resource monitoring mechanism. Access to the Licensed Application provides organizations with efficient management of the entire employee life cycle on a single integrated platform which includes but not limited to organization planning, profile management, document manager, leave management, manager self-service, employee self-service, attendance, employee journey, payroll, work schedule, notice builder and reports.
You may use the Licensed Application for your business use or for internal business purposes in the organization that you represent. It will be offered with 3-part access log in for each account. The individual who registers first is designated as the super admin. After a successful sign-up, the super admin gains the ability to create user roles and add employees as needed as manager and as employee.
The Licensed Application may include certain communications from the Company, such as service announcements, administrative messages and newsletters. You understand that these communications should be considered as part of using the iCONN HRM Portal. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
The Company will use its best efforts to make the iCONN HRM Portal available 24 hours a day, everyday. However, the Company makes no representation or warranty that uninterrupted 24 hours a day, everyday service will be available, especially since a third party provides the software and hosting of the iCONN HRM Portal. You agree and acknowledge that the iCONN HRM Portal will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures and that the Company shall not be liable for such downtimes. The Company shall not be responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the iCONN HRM Portal. The Company is not responsible for any problems or technical malfunctions of any telephone or fiber network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email to be received by the Company on account of technical problems or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to your computer or peripherals related to use or downloading any materials from the iCONN HRM Portal.
Posting information and User conduct
You agree to use the Licensed Application only for purposes that are legal, proper and in accordance with Terms herein, and all applicable laws and regulations in the relevant legal jurisdictions. Without limiting the foregoing, you represent and warrant to the Company that you have the rights and authority to submit the information you provide to the Company in connection with your use of the iCONN HRM Portal, and such submission and publication of such information through the iCONN HRM Portal for the usage of the Licensed Application does not and will not infringe the rights of any person or third party.
You further agree to:
(a) represent yourself accurately and truthfully at all times;
(b) grant us the right to verify independently by any lawful means any information that you submit to the iCONN HRM Portal about yourself;
You further represent, warrant and agree to NOT:
- use the iCONN HRM Portal and the Licensed Application for illegal purposes or for the promotion of dangerous activities;
- use (or encourage or help others to use) the iCONN HRM Portal and the Licensed Application for any purpose or in any manner that is prohibited by these Terms of Service or by applicable law;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with the Company or any other person or entity;
- upload, post or otherwise transmit to or distribute or otherwise publish through the Licensed Application any materials anonymously or under a false name;
- upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual duties (such as insider trading regulations, internal corporate policies or non-disclosure agreements);
- violate, plagiarize or infringe the rights of third parties, including, without limitation upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post or otherwise transmit any material that contains software viruses, worm, Trojan horse 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;
- interfere with or disrupt the iCONN HRM Portal or servers or networks connected to the Licensed Application, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Licensed Application;
- violate through use of the iCONN HRM Portal and the Licensed Application any applicable local, national or international law;
- “stalk” or otherwise harass another person or user of the iCONN HRM Portal and the Licensed Application, or take any action invasive to another’s privacy (by posting, for example, another’s photograph, address, email, phone number or any other contact information) without permission from such other person;
- solicit passwords or personal identifying information from other users for unintended, commercial or unlawful purposes;
- use any robot, spider, other automatic device, or manual process to monitor or copy the Sites or their contents, or any substantial part thereof without our prior written consent.
- access (or attempt to access) the iCONN HRM Portal and the Licensed Application by any means other than through the interface(s) provided by the Company, or access (or attempt to access) through any automated means (including use of scripts, web crawlers or the like) or otherwise engage in a manner reasonably likely to be harmful to the systems operating the iCONN HRM Portal and the Licensed Application or the access or use of the iCONN HRM Portal and the Licensed Application by others;
- reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the iCONN HRM Portal Licensed Application; and
If you encounter any of these prohibited uses, we encourage you to report them to us immediately.
If we receive a complaint from any person against you with respect to your activities as part of use of the Licensed Application, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within seven (07) days of receiving the complaint forwarded by us. If you do not respond to the complainant within seven (07) days from the date of our email to you, we may disclose your name and contact information to the complainant enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the seven (07) days’ time limit will be construed as your consent to disclosure of your name and contact information by us to the complainant.
User Sign-up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Licensed Application. If you represent an organization and wish to use the Licensed Application for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to a) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may terminate your user account and refuse current or future use of Licensed Application.
Creating and logging into a User Account
When registering through the iCONN HRM Portal to the Licensed Aplication, the user will be required to create a user account and the password (‘Login Credentials’) in order to log into the account. The user may be asked to provide us with specific information including, but not limited to, user name, organization email, organization domain, organization name, organization phone number, Fax, tax ID, registration number, address, city, zip code, country, state. By doing so, each user represents that the user is the individual who is registering, and that the user has the right to provide information through the iCONN HRM Portal. You further acknowledge that we have no responsibility for verifying the identity of users and determining whether a particular user is authorized to use the iCONN HRM Portal and the Licensed Application.
The Login Credentials must not be used by multiple people. If the user has designated several users, each user will have to create separate Login Credentials to log into their accounts. The user and each other user are responsible for keeping confidential all Login Credentials associated with a user account. You must promptly notify Company:
- of any disclosure, loss or unauthorized use of any Login Credentials;
- of a user’s departure from the user’s organization;
- of a change in a user’s role in the user’s organization;
- of any termination of a user’s right for any reason.
Upon successful signup, the first registered user will assume the role of the initial super admin. This super admin can then proceed to create user roles and assign individuals as administrators, managers, and employees as necessary.
User Password and Security
Using the iCONN HRM Portal and the Licensed Application requires the use of a username and password. Safeguarding the confidentiality of the username, password and account itself are the responsibility of the user and the user agrees to take any and all actions necessary to maintain the privacy of such information. Any activities that occur under users’ accounts shall be the responsibility of the user. The use of another person’s username and / or password is expressly prohibited.
You acknowledge that the use of username and password is an adequate form of security and that any additional security measures such as dual authentication while enhancing security, are not necessary. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining strict confidentiality of your username and password, (2) not allowing another person to use your username or password, (3) any changes or damage that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly informing the Company in writing of any need to deactivate a username due to security concerns or otherwise. The Company is not liable for any harm related to the misuse or theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use the iCONN HRM Portal and the Licensed Application using your username or password.
The Company will use its best efforts to make the iCONN HRM Portal secure from unauthorized access. However, you agree that you recognize that a risk still exists, however small, that a breach of such security may occur. You agree that you shall not attempt to disable or circumvent any security features on the iCONN HRM Portal or ask any third party to do so on your behalf.
The company makes no warranty, express or implied, regarding the efficacy of the security of the ICONN HRM portal and the licensed application and shall never be liable for any actual or consequential damages, claimed or otherwise, arising from any breach or alleged breach of security of the ICONN HRM portal and the licensed application.
Termination of user Account
You agree to notify the Company immediately when your account through the iCONN HRM Portal is to be terminated. The Company will make every effort to terminate access immediately upon receipt. However, you cannot be assured that access has been terminated until you receive confirmation of the termination from the Company. In addition, weekends, holidays and other non-business days could cause a delay in the receipt of such request for termination.
You can cancel your subscription for the Licensed Application and terminate same through the billing page. Upon cancellation access to the Licensed Application will be discontinued at the end of the billing period.
The Licensed Application, iCONN HRM Portal, iCONN HRM materials, iCONN HRM trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by Company and its third-party vendors and hosting partners. iCONN HRM materials are protected by copyright, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. Company, its affiliates and licensors retains all right, title and interest in such Licensed Application, iCONN HRM Portal, iCONN HRM materials, iCONN HRM trade names and trademarks, and any parts or elements. Your use of the iCONN HRM Portal and the Licensed Application, iCONN HRM materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the iCONN HRM materials is strictly prohibited unless you have received the express prior written permission from Company or the otherwise applicable rights holder. The company reserves all rights to the Licensed Application, iCONN HRM Portal, iCONN HRM materials and iCONN HRM trade names and trademarks not expressly granted in the Terms.
Company warrants you that support services will be delivered with reasonable skill and care. Any changes to the functionality of the Licensed Application is in effect from the upcoming billing period. If the Company makes any major changes to the iCONN HRM Portal, the Company shall provide you with a grace period of 3 months to prepare for alternatives.
The warranties do not apply to any breach caused by: (a) any change to the Licensed Application provided by the iCONN HRM Portal, except where the changes were made by the Company; (b) your failure to provide a suitable installation or operating environment for the Licensed Application; (c) use of the Licensed Application on or caused by software, firmware, computer systems, data, technology or a hardware platform not approved by the Company in writing; (d) any telecommunications medium used by you; (e) failure of you to comply with the documentation.
You expressly understand and agree that the use of the Licensed Application is at your sole risk. It is provided on an as-is-and-as-available basis. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The Company makes no warranty that the iCONN HRM Portal and the Licensed Application will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of the iCONN HRM Portal and the Licensed Application shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the Service or the download of any such material. No advice or information, whether written or oral, obtained by you from the Company or its employees or representatives shall create any warranty not expressly stated herein.
Limitation of Liability
In no event shall either party be liable under this Agreement for any indirect, incidental, special, consequential or punitive damages, or damages for business interruption, loss of profits, revenue, data or use, or cost of cover suffered by the other party or by any third party, whether in an action in contract or tort, and even if the party has been advised of or is aware of the possibility of such damages. Company’s total liability for direct damages suffered by the user or any of its affiliates under this Agreement or related to the Service shall in no event exceed an amount equal to three (3) times the average monthly fee paid by you to the Company under this Agreement.
The Company takes no accountability or responsibility for any damages caused due to a breach of duties under this Agreement.
You are aware and have been made aware at the time of accessing the iCONN HRM Portal and installing the Licensed Application the functions and capabilities of the said Licensed Application and you shall not thereafter at anytime make any claims against the Company with regard to the result of all such functions if the users do not use the Licensed Application as advised, if the Licensed Application is being used for illegal activity or used for other than the purpose for which the Licensed Application is supposed to be used for and intended as its purpose by the Company.
The Company shall not be liable or responsible for any data leakage or data breach which maybe a direct result of you selling to third parties your devices which has the Licensed Application downloaded through the iCONN HRM Portal without necessary deletions of the Licensed Application.
iCONN HRM Portal Operation Disclaimer
We do not guarantee that our iCONN HRM Portal will be error free or that our servers are free of viruses or other potentially destructive entities. The user understands that the Company cannot and do not guarantee or warrant that information or files downloaded from the iCONN HRM Portal will be free of viruses or other destructive code. The user is responsible for implementing sufficient procedures and checkpoints to satisfy the user’s particular requirements for anti-virus protection and accuracy of data input and output. We are not liable for any costs associated with the contraction of viruses, damage to equipment (either hardware or software), or loss of data arising from the utilization of our iCONN HRM Portal. We are not liable for any costs for the replacement of damaged equipment (either hardware or software) or for any loss of data as the result of a virus or other destructive entity contracted through the use of any the iCONN HRM Portal. You use our iCONN HRM Portal at your own risk and agree to hold us harmless from any and all liability arising from such use.
We do not warrant the operation or availability of the iCONN HRM Portal. Hardware or software issues may at times cause the iCONN HRM Portal to slow down or fail to function properly. The user expressly agree that the use of, or inability to use, the iCONN HRM Portal is at the user’s sole risk. We are not liable for any consequences of the iCONN HRM Portal not being fully operational or available and shall be held harmless from any claims or disputes arising from such inoperability or unavailability. You acknowledge that any damages resulting from lack of operability or availability are born solely by you.
External Database Disclaimer
We use external databases for specific functionalities related to the Licensed Application we provide. We do not control the content or security of these external databases. Errors and/or omissions may periodically occur and are foreseeable when relying upon external databases and we are unable to assume responsibility for oversight of these errors and/or omissions. We make commercially reasonable efforts to ensure that information gleaned from external databases are accurate but assume no responsibility for the accuracy of such information. Although we make commercially reasonable efforts to ensure the information received from an external database is free from viruses, or any destructive instrumentality, we assume no responsibility for the presence of any viruses or any other destructive instrumentality transmitted to us from an external database.
To the extent allowed by applicable law, user agrees to defend, indemnify and hold harmless Company and any of its directors, officers, members, shareholders, and employees and their heirs from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of or related to user’s use of the iCONN HRM Portal and the Licensed Application, or any breach by user of any term or condition of this Agreement. If any such action shall be brought against any indemnified party, they shall notify user in writing and user shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses associated with such action. Any indemnified party shall have the right to employ separate counsel in any such action and participate in the defense, at their own cost unless otherwise agreed to by user.
Changes to Terms and Conditions of Use
The Company reserves the right to modify the terms, conditions, and notices under which the iCONN HRM Portal and the Licensed Application. Your continued use of the iCONN HRM Portal after the postings of any amended terms and conditions shall constitute your agreement to be bound by any such changes.
This Agreement is the entire Agreement between the Company and you regarding the use of the iCONN HRM Portal and the Licensed Application and all changes must be in writing as an amendment to this document. Verbal or other communications are not valid until written in this document. This Agreement does not modify any existing or future engagement letter for services provided to you by the Company and is not intended to be an engagement letter.
The term of this Agreement extends past the life of the iCONN HRM Portal and the Licensed Application and remains in full force and effect even if access is terminated to you to the iCONN HRM Portal and the Licensed Application or if you cease to be a user.
Your rights under these Terms will automatically terminate without notice if you fail to comply with any provision of these Terms. Further, the Company may terminate for any action taken by you that the Company believes in its sole discretion is an inappropriate use of the iCONN HRM Portal and the Licensed Application even if not specifically detailed by these Terms, including, any use of the iCONN HRM Portal and the Licensed Application that is prohibited by the law. Any warranty will automatically terminate without notice if you fail to comply with any provision of these Terms. The parties expressly acknowledge and agree that all provisions of these Terms that concern Copyright or other protectable interests of the Company shall remain in full force and effect notwithstanding termination of the use of the iCONN HRM Portal and the Licensed Application.
Upon any termination of this Agreement, the Company shall have the right to maintain a copy of all user content in accordance with, and for the period of time it determines is required or permitted by, Applicable Law. Termination of this Agreement shall not limit either party from pursuing other remedies available to it, including injunctive relief.
We may transfer, assign, sub-contract or otherwise deal with our rights and/or obligations under this Agreement. You may not transfer or assign this Agreement or your obligations thereunder.
If a provision of the Terms of Services is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provisions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
All Confidential Information disclosed hereunder will remain the exclusive and confidential property of the disclosing party. The receiving party will not disclose the Confidential Information of the disclosing party and will use at least the same degree of care, discretion and diligence in protecting the Confidential Information of the disclosing party as it uses with respect to its own confidential information, but in no case less than reasonable care. The receiving party will limit access to Confidential Information to its affiliates, employees and authorized representatives with a need to know and will instruct them to keep such information confidential. Notwithstanding the foregoing, the receiving party may disclose Confidential Information of the disclosing party (i) to the extent necessary to comply with any applicable law, (ii) as appropriate, to respond to any summons or subpoena or in connection with any litigation.
You acknowledge that the Company may use Confidential Information as permitted by applicable law to evaluate possible commercial arrangements between the Company, its affiliates or its recommended vendors and user, and to communicate with user from time to time regarding the Company’s products and services (including, without limitation, third party services) that may improve the efficiency of user’s operations or otherwise benefit user.
The Company may use internet/website analytics software tools and programs that collect, transmit, store, disclose and analyze certain information about the actual use of the iCONN HRM Portal and the Licensed Application by users, Permitted Entities and/or Providers (such as, but not limited to, pages viewed, links clicked, help functions used and other workflow information); such information shall not be considered Confidential Information hereunder and may be used by the Company for the purpose of license administration, error resolution and product analysis and improvement.
Should any portion of this agreement be deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of all remaining provisions which will remain in full force and effect. The failure of the Company to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against the Company unless made in writing and signed by the Managing Member of the Company, and no such waiver shall be construed as a waiver in any other or subsequent instance.
This Agreement shall be governed by and construed in strict compliance with the relevant laws and regulations established by the government of Singapore.
Any dispute, controversy or claims arising out of this Agreement or breach, termination or invalidity thereto between the Parties shall first be resolved amicably via negotiations.
Any dispute that cannot be resolved via negotiations, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The language shall be English, and the Arbitral seat shall be Singapore.
The Company is not liable under this Agreement for the non-performance caused by acts of war, terrorism, pandemic, epidemic, natural disasters (e.g., hurricanes, earthquakes), human-made disasters, other acts of God or nature, public health emergencies (including pandemics), public safety incidents, telecommunication or internet service interruption, strikes or other labor disputes or unrest, civil insurrections, riots, or other acts of civil disorder, acts of military, civil, or regulatory authority or any other events, conditions or causes beyond the Company’s reasonable control.