KnowBull User Agreement

If you wish to use KnowBull products and services (the "Services") you must agree to our terms as set out in this Agreement. Please note that in using the Services, you are entering into a legally binding agreement.

This Agreement applies to any use of the KnowBull website and mobile applications.

Agreement

Purpose

KnowBull is an online platform, supporting professional people (the "Members") in identifying and recommending suitably qualified people for jobs and gigs on behalf of Employers and Recruitment Agencies (the "Clients"). Candidates for selection and recommendation may be identified from among the Member's own connections, or the connections of other Members.

Agreement

When you use our Services you are entering into a legal agreement, and you agree to all of these terms.

You also agree to the KnowBull Code of Practice, which sets out the rules we've established to make sure the Service works correctly and safely for everyone who uses it.

You also agree to our Privacy Policy, which covers how we collect, use, share, and store personal information.

You agree that by clicking on "Register as a Member" "Join KnowBull", "Sign Up" or similar, registering, accessing or using our services, our related mobile apps, or any content or information provided as part of these services (collectively, "Services") you are entering into a legally binding agreement. This applies if you are using the Services as an individual or on behalf of a company. Your agreement is with KnowBull Limited, headquartered in Auckland, New Zealand.

Your Agreement with KnowBull includes this User Agreement and our Privacy Policy. It also includes other terms that will be displayed to you when you apply for KnowBull Membership.

This Agreement applies to KnowBull Members, their corporate and agency clients and any person or corporation accessing the KnowBull services as a "Registered User"

If you do not agree to this Agreement, do not click "Register as a User" "Join KnowBull" (or similar) and do not access or otherwise use any of our Services.

Obligations

In this Agreement, you undertake and promise the following:

Eligibility

You are legally eligible to enter into this Agreement and you are at least 18 years of age. You must use the name you are usually known by (whether personal or corporate) and operate only one KnowBull Member Account.

Your Membership

You agree to follow the KnowBull rules and comply with the law in your country or region.

To ensure the security and integrity of the KnowBull platform, you agree to keep your password completely secret, known to no-one but yourself. Your password must contain a mixture of letters, numbers and symbols and must be at least 8 characters long.

Members may not share their Member accounts with others and must observe KnowBull rules and the law.

The information in your Member Database or Member Account belongs to the account holder. Unless you report misuse, you are solely responsible for the accuracy of the information in your account and any consequences or outcomes arising from information in your account.

Success fees & payments

If you use the services of a KnowBull Member as a Client, and subsequently engage a candidate from a "Verified Shortlist" provided to you by that Member, you will be billed for success fees by KnowBull. Unless you dispute the amount or the service received, you agree to pay the amount in full by credit card or direct bank payment within 10 business days of receipt. You agree that KnowBull may record and retain your payment information. A payment transaction fee of 2.95% will be added to the negotiated success fees. Where they apply, local fees and taxes may be added to our Members' negotiated fees or KnowBull fee guidelines.

We do not issue refunds. We provide a 30-day "settling-in" period for any person recommended by a KnowBull Member and bill you after that time has expired. If you do not advise your KnowBull Member of any problems within that period, our invoice is due in full.

We pay success fees to Members within three business days of receipt of payment into our account. Our fee is 10% of the success fee and is deducted from our payment to the KnowBull Member. Where two or more Members jointly provide the service resulting in a success fee being paid, we will split the success fee equally between them.

Success fees may be subject to foreign exchange fees and/or differences in exchange rates between currencies.

Notices and Service Messages

You agree that we may use the KnowBull website, mobile app and/or email to provide you with important information and serve notices to you. You agree that it is your responsibility to update your contact details and KnowBull is entitled to provide notices to you by a banner notice on the website or mobile app, an email sent to an email address notified by you, or by telephone or postal service.

Sharing of private information

When you provide information about yourself for your Member profile, others can see, copy and use that information.

Our Services include the exchange and sharing of private information. Information about you as a KnowBull Member is intended for potential Clients wishing to engage the services of a Member, but can be seen by anyone.

When you post to your private Member Database resume information about your own professional connections, this information is kept secure and accessible only by you and KnowBull.

When you post information about available jobs or gigs to the KnowBull NoticeBoard, this information is accessible only by yourself and other KnowBull Members.

Where we have made settings available, the choices you make about who can see content or information will be honoured by us. When you exchange information and other content through the KnowBull mail system with Clients, other Members and your own connections, this information is private and only visible to the addressee(s).

We are not obliged to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

Refer also to our Privacy Policy.

Rights and Limits

Your license to KnowBull

Any information you provide to us about yourself or your professional connections is your property, and we'll respect your choices about who gets to see your information and content.

You promise to only provide information and content that you have the right to share with others, and that your Member profile will be truthful.

1. While we may make changes to your content (such as translating, modifying or formatting), we will not alter the meaning of your original content.
2. We will ask for your consent if we want to give others the right to publish your posts beyond the Service. However, other Members may access and share your content and information.
3. 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.

By submitting suggestions or other feedback regarding our Services to us, you agree that we can use and share your feedback for any purpose without compensation to you.

You agree to only provide content or information that isn't against the law in regard to intellectual property rights, breaching a contract or other violation of other legal obligations. You agree that your profile information will be truthful. In some countries we may be obliged by law to remove certain information or content.

You agree that we may access, store and use any information that you provide in accordance with the terms of our Privacy Policy.

Service availability & accuracy

You agree that we have no obligation to record or provide any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

At our discretion we may change or discontinue any of our Services. We don't promise to maintain availability of any information and content you've posted, and we don't promise that information or content posted by others is accurate.

Other content and services

Content and information posted on our Services by other Members is used by you solely at your own risk.

Where other Members recommend their own connections to you for jobs and gigs through KnowBull, we aren't in any way responsible for the accuracy of the information given by those Members and you are responsible for carrying out your own due diligence on any person recommended.

If you choose to use the KnowBull "Know Your Customer" (KYC) system to assist you with your due diligence in selecting a candidate for recommendation, you do so entirely at your own risk. KnowBull doesn't guarantee that the KYC system will correctly identify the individual candidate, or all or any items of information about the candidate, whether positive or negative.

As a rule, we don't moderate content provided by our Members. When using the Services, content or information that might be inaccurate, incomplete, misleading or otherwise harmful may be encountered and you rely on it at your own risk. You agree that we're not responsible for third parties' (including other Members') content or information, or for any damages as may result from your use of it.

Limits of service

We have the right to limit how you connect and interact on our Services. We reserve the right to limit your use of any or all of the Services and the right to restrict or terminate your account if we believe that you're in breach of this Agreement or applicable law, or are misusing the Services in a way that is contrary to the purposes of the KnowBull platform.

KnowBull reserves all of its intellectual property rights in the Services. The KnowBull logo is a registered trademark of KnowBull. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.

Disclaimer and Limit of Liability

No Warranty

Some jurisdictions don't allow certain disclaimers, so some or all of these disclaimers might not apply to you.

To the extent allowed under law, KnowBull and any service providers who contract to or otherwise assist KnowBull to provide the Services:

1. Disclaim all implied warranties and representations, such as (but not limited to) warranties of merchantability, fitness for purpose, non-infringement, and accuracy of data.
2. Don't guarantee that the Services will function without interruption or errors.
3. Provide the Service (including content and information) on an "all care but no responsibility" basis.

Exclusion of Liability

The following are the limits of any legal liability we may have to you. Some jurisdictions don't allow the limitation or exclusion of liability, so these limits might not apply to you.

When you provide recruitment services to your Client by identifying and recommending suitably qualified people, you are acting for them and on their behalf as their Agent. The KnowBull platform simply provides the tools and resources to assist you in doing this. Any obligations, legal or otherwise, to your Clients are yours alone and not shared in any way by KnowBull.

To the extent permitted under law, and in the absence of a separate written agreement that supersedes this agreement, KnowBull and any third parties providing support services to KnowBull will not be liable to any party for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services such as (but not limited to), offensive or defamatory statements, loss of time, data or revenue, or loss of or changes to your information or content.

In no event will KnowBull, and third parties providing support services to KnowBull, be liable in the aggregate for all claims, for more than $US1,000.

This limitation of liability is part of the agreement between you and KnowBull and will apply to any claim of liability, for example but not limited to, warranty, tort, negligence and contract law, and will even apply if KnowBull has been advised of the possibility of any such damage, and if these remedies fail in their essential purpose.

Termination

KnowBull or you may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

• Our rights to use and disclose your feedback;
• Any amounts owed by either party prior to termination remain owed after termination.

Dispute Resolution

If we are unable to resolve a dispute, we encourage you to first contact us directly to seek a resolution by emailing us at support@KnowBull.net

For the benefit of both parties, we prefer to resolve a dispute in a cost effective manner through binding non-appearance-based arbitration (ADR). If we choose arbitration, this will be through an established alternative dispute resolution (ADR) provider, to be selected by you from a panel of ADR providers that we will provide to you. The ADR provider and the parties must comply with the following rules:

1. The arbitration will be conducted by telephone or online meeting and be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration.
2. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
3. Any judgment pronounced by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against us must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement will be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, we may recover our legal fees and costs, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.

• Depending on your residency or location, and the location of your Client, you may be subject to taxes on Success Fees that you earn.
• You agree that you will comply with your own tax obligations according to the regulatory requirements pertaining in your tax jurisdiction.
• Some Members who are required to be registered for GST or VAT may be required to charge goods and services or value added taxes to local clients domiciled in the same jurisdiction.

Communication with other Users

Even if you have a prior relationship with another KnowBull User, you must only communicate with other Users and Clients of KnowBull by means of the KnowBull platform when communicating regarding an employment or engagement matter.

Identity / Know Your Customer

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity and the identity of people you are recommending for jobs or gigs. When requested, you will provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you, or verify your information against third party databases or through other sources.

You must also, at our request, provide copies of identification documents (such as your passport or driver's licence). We may also ask you to provide photographic identification holding your identification together with a code that we provide as an additional identity verification step. We may also require an online interview with you to validate your identity and your resume information.

We reserve the right to close or suspend your Account and access to the Services if we're unable to verify your identity and professional background to our satisfaction.

General Terms

This Agreement is between you and KnowBull. There are no third party beneficiaries to this Agreement.

The provisions of this User Agreement are severable. If any provision of this User Agreement is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforceable. This Agreement may be assigned by us to an associated entity (e.g. in the event of a sale or other transfer of some or all of our assets), or to a third party without your consent. In the event of any sale or transfer you will remain bound by this User Agreement.

To the extent allowed by law, the English language version of this Agreement applies and is binding, and any translations are solely for convenience. This Agreement (including any additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don't act to enforce a breach of this Agreement, we haven't waived our right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that KnowBull may assign this Agreement without your consent to another party without your consent. We reserve the right to change the terms of this Agreement and will give you notice if we do, and we agree that changes cannot be retrospective. If you don't agree to these changes, you must stop using the Services.