About The Beta Test Non-Disclosure Agreement
Congratulations on being selected to participate in an upcoming beta test! This Beta Test Non-Disclosure Agreement is a legal document being executed between you and KinChip Systems Pty Ltd (KINCHIP) that outlines your confidentiality obligations to the company. It is important for you and KINCHIP that you are comfortable with these terms. While it may not be exciting reading, you should read the entire agreement before you sign it. If you do not understand or agree to any part of the agreement, you should not sign this document and instead ask questions before completing it.
By accepting this agreement, you are agreeing to all the provisions. Included in these terms is your agreement to:
- Not disclose that you are participating in this test
- Not show the materials to others
- Not share copies, pictures, or videos of the test materials in any form
Thank you! We look forward to your participation in the test.
Beta Test Program Participation Agreement
Please read this entire beta test program participation agreement (“agreement”) and indicate whether you agree to its terms by either:
- Accessing or downloading any of the beta materials; or
- By clicking the “YES” or “I ACCEPT” button.
This agreement is between you (“participant”) and the makers of Kindom (the “site”), KinChip Systems PTY LTD (“KINCHIP”, we, us, our) and can be accepted only by an adult 18 years or older. In addition, you may be subject to additional terms and conditions of KINCHIP or a third party publisher for certain beta materials. Please review those additional terms and conditions carefully. If you do not meet the age requirement or do not agree to all applicable terms and conditions, please do not access or download the beta materials. Otherwise, your access or download of any beta materials means that you have accepted all terms and conditions
1 ) Beta Materials and Program.
KINCHIP will provide you with software, documentation and access to the beta testing website (“Beta Materials”) that is required for participation in the beta test program (“Program”). The Program may include Beta Materials, including software, user documentation, specifications or other technical documentation related to Kindom, by published by KINCHIP or its third-party publishers. Program participation is subject to this Agreement’s terms and will require you to have access to the internet and certain software that are not provided to you by KINCHIP. KINCHIP may terminate this Program at any time without cause or advance notice to you.
KINCHIP hereby grants Participant a non-exclusive, non-transferable consent and license to use Beta Materials solely for the purpose of evaluating and testing the Beta Materials for Manufacturer. The Beta Materials may not be publicly disclosed, sublicensed, sold, assigned, leased, loaned, or otherwise transferred by Participant to any third party for any reason.
2 ) Participant Feedback.
KINCHIP or its authorized third parties may obtain information from you regarding the use of the Beta Materials or your participation in the Program. You agree to provide information to KINCHIP regarding your experiences using Beta Materials, such as the connectivity and usability of Beta Materials. Your desired responses may include responding to surveys or reporting bug problems. Information you provide to KINCHIP in connection with the Program, including ideas or inventions collected by KINCHIP is referred to as “Feedback.” You agree that Feedback
- contains your original ideas or invention and is provided by you to KINCHIP without payment or conditions;
- once conveyed to KINCHIP, becomes the property and confidential information of KINCHIP;
- may be used or distributed by KINCHIP for any purpose in connection with Beta Materials or development of any other product or services, including disclosure of such information to affiliates, subsidiaries or third-party developers and publishers; and
3 ) Ownership of the Program and Beta Materials.
KINCHIP, its affiliates or both own the Program, the Beta Materials and the intellectual property rights associated with them. You may not copy, distribute, sell, license, loan or transfer the Beta Materials. You shall keep the Beta Materials in your possession, custody and control and take reasonable efforts to prevent others from using those materials. You will be responsible for any loss or damage to the Beta Materials or to KINCHIP’s intellectual property rights in those materials, including loss or damage resulting from the disclosure of Beta Materials or Program information.
4 ) Personal and Sensitive Information
Certain Personal Information is considered more sensitive under some laws and is called ‘Sensitive Information’.
‘Personal information’ means:
Information or an opinion about an identified individual, or an individual who is reasonably identifiable:
- Whether the information or opinion is true or not; and
- Whether the information or opinion is recorded in a material form or not.
‘Sensitive information’ means:
- Information or an opinion about an individual’s:
- racial or ethnic origin
- political opinions
- membership of a political association
- religious beliefs or affiliations
- philosophical beliefs
- membership of a professional or trade association
- membership of a trade union
- sexual orientation or practices
- criminal record.
- health information about an individual
- genetic information about an individual that is not otherwise health information
- biometric information that is to be used for the purpose of automated biometric verification or biometric identification
- biometric templates.
You explicity agree that you will not enter Sensitive Information into the Beta Test Application.
For the avoidance of doubt, if you submit Sensitive Personal Information during the Beta Test phase, you are giving us your express consent to our accessing and processing it for the purposes of our Beta Test program.
5 ) Children’s Personal Information
KinChip Systems Pty Ltd does not directly solicit subscription or personal information from children. We do, however, provide opportunities for parents and guardians to invite children in their care and supervision, to use the Kindom platform to participate in the management of their own development and family interactions within the family kindom.
This may mean that children upload Personal Information into the platform.
To ensure compliance with the Children’s Online Protection Act, children under the age of 13 should not access this site or provide Personal Information to this site, unless or except with the permission, guidance and supervision of their parent and/or guardians.
If we become aware that a user is under the age of 13 and has provided Personal Information to us without parental or guardian consent, we will remove such personal information from our records.
6 ) User Generated Content.
The Beta Materials may include tools that give you the ability to communicate with other users and to create, post and distribute various forms of content for and in connection with the Program, including but not limited to pictures, photographs, videos, and other information (individually and collectively, “User Generated Content”). You acknowledge that KINCHIP and the other creators of User Generated Content have rights in their respective content under copyright and other applicable laws, and that except as expressly described in this Agreement, such rights are not licensed or otherwise transferred to you. You accept full responsibility and liability for your use of any User Generated Content in violation of any such rights.
You agree that you will not create, transfer, share, send, submit or upload any User Generated Content that:
- is protected by copyright, patent, trademark or trade secret or otherwise subject to third-party proprietary rights, including but not limited to rights of privacy and publicity (unless you are or have permission from the rightful owner);
- contains fraudulent statements or misrepresentations that could damage KINCHIP or any third party;
- contains any statements or materials that disparage, ridicule or scorn KINCHIP or any third party;
- contains Sensitive Information
- is obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would violate any law or is otherwise inappropriate;
- is an advertisement or solicitation of business;
- is an impersonation of another person; or
- violates any of the rules of Online Conduct, other terms of this Agreement, or any other terms related to this Program.
You agree that KINCHIP is not responsible or liable for User Generated Content submitted or posted by you or by others. KINCHIP does not claim ownership of any User Generated Content that you submit or make available as part of the Program, and KINCHIP expressly disclaims any and all liability in connection with any User Generated Content. KINCHIP has no duty to pre-screen User Generated Content.
KINCHIP has the right to edit, remove, block or refuse to post any submitted User Generated Content from any network or Internet site, including but not limited to the Kindom websites, for any reason without prior notice, but assumes no obligation to do so and is not responsible for any failure or delay in doing so.
You hereby appoint KINCHIP as your attorney-in-fact to request from third parties removal under the Digital Millennium Copyright Act or other applicable law or basis, in KINCHIP’s discretion, of any of your User Generated Content posted on a third party network or Internet site. You agree to not contest KINCHIP’s request for removal of your User Generated Content from such network or Internet site. You also agree to execute all documents, as requested by KINCHIP, to effect such removal.
7 ) Confidential Nature of Beta Materials, Program.
You acknowledge and agree that:
- Beta Materials, the Program and any information regarding your use of Beta Materials, whether shared with KINCHIP or not, are KINCHIP’s confidential information. You will use Beta Materials only on your own devices solely for the purpose of testing the Beta Materials in connection with the Program, and you will not transfer, distribute or disclose any of the Beta Materials, Feedback, or any information in connection with the Program to any third party, including through a public exhibition or display of this information. You will not discuss your experience with Beta Materials with third parties or publish or disseminate information about those experiences;
- Beta Materials are not thoroughly tested and are pre-release materials that are not intended for public release;
- the features provided in Beta Materials may not be available in the final release;
- Beta Materials may be serially numbered for tracking purposes and traceable to you;
- disclosure of any part of Beta Materials, Program, Feedback or your experiences using Beta Materials or the Program to any third party, including any trade or consumer press, news agency or any competitor of KINCHIP, will cause significant and irreparable harm to KINCHIP, the extent of which may be difficult to ascertain. Accordingly, you agree that KINCHIP is entitled to injunctive relief as well as all other legal remedies that may be available in the event you breach this Agreement.
8 ) Participant’s Warrants and Representations.
You warrant and represent that you:
- knowingly agree to assume the risk that any latent physical defects you may have could be aggravated by participation in this Program;
- will conduct yourself responsibly in regards to participation in the Program and treatment of the Beta Materials and Feedback, following a reasonable, common-sense code of conduct;
- will not in any way cause harm to KINCHIP, its parent company, affiliates, subsidiaries or publishers;
- agree that if you allow anyone else to use the Beta Materials, you accept responsibility for their acts, including any violations of this Agreement which could result in the termination of your Kindom account (“Accounts”);
- will immediately notify KINCHIP if you become aware that the Beta Materials provided to you part of this Program are distributed or transferred to a third party, and you will use your best efforts to help recover those Beta Materials and to prevent any further loss of disclosure.
- will not misappropriate any of the intellectual property of KINCHIP or any other party;
- will not reverse engineer, decompile or disassemble the Beta Materials or engage in the unauthorized transfer, exhibition, export, import or transmission of programs and will not use any devices to circumvent any authentication schemes; and
- will read and become familiar with the use of the appropriate Kindom Web Application, and the warnings and instructions for any Beta Materials before any installation or setup of the Beta Materials.
9 ) Limitations and Service.
Some ISPs limit the number of devices that may be connected to the service. If you are unsure about your service terms, please contact your ISP. For all other questions concerning product installation and home network setup, contact Gry Stene at KINCHIP on 0414 322 215.
10 ) Acknowledgment of Data Collection.
Cookies are small text files that websites often store on computer hard drives or mobile devices of visitors to their sites. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.
In addition to cookies, we also collect other information that is automatically provided to us by your browser when you visit the Site. This may include your computer’s IP address, operating system, log in times, browser type, internet service provider, referring/exit pages, operating system, date/time stamp, and click stream data.. We use this information to better understand how visitors use the Site and for internal reporting purposes.
11 ) Google Analytics.
Our website uses Google Analytics, a service which transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage.
12 ) Consent to international transfer of data
13 ) Limitation of Liability and Remedies.
You agree that notwithstanding any damages that you might incur for any reason whatsoever (including direct or general damages), the entire liability of KINCHIP and any of its affiliates under any provision of this Agreement and your exclusive remedy for all of the foregoing is limited to ten dollars ($AUS10 ). The foregoing limitations, exclusions and disclaimers apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose. In no event will KINCHIP or its affiliates be liable for any special, incidental, indirect, or consequential damages.
14 ) No Guarantee of Server Uptime/Disclaimer.
KINCHIP, and each of their subsidiaries and affiliates do not guarantee the continuous operation of the servers used in connection with this Program. KINCHIP is not liable for your inability to use the Beta Materials or delay or failure of the servers to perform. If you receive a message during login identifying an error, please contact Gry Stene at KINCHIP on 0414 322 215.
15 ) No Warranties and Representations.
The beta materials, the program, and any software or hardware provided by KINCHIP under the terms of this agreement are provided “as is” and, to the maximum extent provided under law, KINCHIP disclaims all representations and warranties of any kind, whether express or implied, including any warranties of merchantability or fitness for a particular purpose, or non-infringement. Without limiting the foregoing, KINCHIP does not guarantee that you will be able to use the beta materials on or offline or participate in the program at any time. From time to time, problems beyond KINCHIP’s reasonable control may prevent or delay your access to the program or cause the program or the beta materials to fail to perform. In the event of a dispute regarding your use of any of the beta materials, hardware, or software, you agree that the sole liability of KINCHIP and its affiliated companies will be limited to repair or replacement of the beta materials at KINCHIP’s option. KINCHIP or a participating publisher reserves the right to include a self expiring (“time bomb”) version of the software or cease hosting the software at any time. You agree that KINCHIP has no liability for program discontinuance for any reason. All other software not published by KINCHIP is the sole responsibility of the named publisher. Please check the publisher’s terms and conditions associated with software before using.
16 ) Term/Termination.
You may terminate this Agreement at any time by deleting all electronic Beta Materials and returning hard copy Beta Materials sent to you and providing written notification of your termination by sending an email to firstname.lastname@example.org. Your Accounts participation privileges may be terminated immediately if you fail to comply with this Agreement’s terms and conditions or if you fail to provide reasonable feedback in a timely manner. KINCHIP also reserves the right to terminate your participation in the Program at any time without cause.
17 ) Entire Agreement.
This Agreement is the entire understanding between you and KINCHIP, governing the Program and Beta Materials. In the event of any conflict between this Agreement and the terms of any other, including third-party agreement, the terms of this Agreement will prevail as between you and KINCHIP.
18 ) Governing Law and Venue.
You agree that the laws of Western Australia shall govern the terms of this Agreement and your participation in the Program.
19 ) Questions.
Should you have any questions concerning this Agreement, please contact KINCHIP Systems PTY LTD, 441 Stirling Highway, Claremont WA 6160, Australia or email@example.com