G-2VNX50C0VN
Terms of Use
This Agreement was last revised on August 15ᵗʰ, 2020.
I. INTRODUCTION
www.kemetium.com (“website”) and Kemetium App and Kemetium Messenge App (“Mobile Application”)
owned and managed by KEMETIUM, INC.; (“we,” “us,” or “our”) welcomes you.
We offer you access to our product and services through our “website” and “Mobile Application”
(defined below) subject to the following Terms of this agreement, which may be updated by us from
time to time with or without notice to you. By accessing and using this Website and Mobile
Application, you acknowledge that you have read, understood and agree to be lawfully bound by these
Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference
(collectively, this “Agreement”). In case you do not agree with any of these terms, then please do
not use the Website and Mobile Application.
II. DEFINITIONS
• “Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents
provided to you by the Website and Mobile Applications.
• “Service” or “Services” refers any service shown below, which we may offer through our Mobile
Applications.
● “User”, “You” and “your” refers to the person who is accessing the Website or Mobile
Application for taking or availing any service from us but has not registered on this website or
applications;
• “Member” refers to the users, who has obtained registration under this website/Mobile
Applications for taking various services.
• “We”, “us”, “our” and “Company” are references to KEMETIUM, INC.;;
• ”Website” or “Platform” or “Kemetium” shall mean and
include "https://www.kemetium.com, Mobile Applications “Kemetium App” and “Kemetium Message App”
and any successor Website and Mobile Application of the Company or any of its affiliates;
• "Member Account” shall mean an electronic account opened for the User after registering on this
Website/Mobile Application for availing various services offered under the Website/Mobile
Application;
• “Subscription Plan” refers to the plan to enjoy the premium feature available on the Website and
Mobile Application.
• “Advertisement charges” refers to the charges to be paid by the user of the Mobile Application
and Website for promotional purpose.
III. INTERPRETATION
• All references to the singular include the plural and vice versa and the word "includes" should
be construed as "without limitation".
• Words importing any gender shall include all the other genders.
• Reference to any statute, ordinance or other law includes all regulations and other instruments
and all consolidations, amendments, re-enactments or replacements for the time being in force.
• All headings, bold typing, and italics (if any) have been inserted for convenience of reference
only and do not define limit or affect the meaning or interpretation of the terms of this
Agreement.
IV. INTRODUCTION AND SCOPE
• Scope. These Terms govern your use of the Website/ Mobile Application and the Services. Except
as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are
governed by their own terms of service.
● Eligibility: Certain Service of the Website and Mobile Application is not available to minors
under the age of 18 (or Twenty One (21) years in places where eighteen (18) years is not the age of
majority) or to any users suspended or removed from the system by us for any reason.
• Electronic Communication: When you use this Website/ Mobile Application or send e-mails and
other electronic communications from your desktop or mobile device to us, you are communicating
with us electronically. By sending, you agree to receive a reply communications from us
electronically in the same format and you can keep copies of these communications for your records.
V. SERVICES
Kemetium.com and Mobile Applications “Kemetium App” and “Kemetium Message App” are a meticulously
designed social networking app and website for the people of the African community and black
descent worldwide.
In a globalized world, where mobility is facilitated, this app will give you a wonderful benefit.
Not only does it help you in understanding new people all around the world, but it is also a great
advantage in general.
This app will help you learn and inspire, meet new people, make friends and connections, get new
opportunities in your jobs, new events, travel advice, growth of your profession or business, and
more.
VI. MODIFICATIONS TO THE SERVICE
We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms
(collectively, “Changes”), at any time. We may notify you of changes by sending an email to the
address identified in your Account or by posting a revised version of the Terms incorporating the
Changes to our Website and Mobile Applications. Your continued use of the Site following the
posting of changes will mean that you accept and agree to the Changes.
VII. ACCOUNT
For accessing the website and Mobile Applications and using its Resources, you may be required to
provide specific information and to create a user ID and password to establish an account.
You agree that by clicking “Join Now”, “Sign Up” or similar, registering, accessing, or using our
services, you are agreeing to enter into a legally binding contract with Kemetium Inc. If you do
not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar)
and do not access or otherwise use any of our Services. If you wish to terminate this contract, at
any time you can do so by closing your account and no longer accessing or using our Services.
You accept that the details you provide about establishing any account are correct and that you
will keep your details up-to-date. Creating an account with false information is a violation of our
terms, including accounts registered on behalf of others or persons under the age of 18.
You are responsible for the security of all of your user names, passwords, and registration
information (such as unique account identifiers or historical billing information), and you are
solely responsible for any use (authorized or not) of your accounts. You agree to notify us
immediately about any unauthorized activity regarding any of your accounts or other breaches of
security. We may at our discretion suspend or terminate any of your user names and passwords at any
time with or without notice.
Registration and Access
• The Mobile App is not free to use. The user has to pay a subscription plan for using this
application.
• Users have to download the App from Play Store for Android users and App Store for Apple
users.
VIII. USER CONTENT
A. Content Responsibility.
The website/ Mobile Applications permits you to post comments, feedback, etc. but you are solely
responsible for the content posted by you. You represent that you have required permission to use
the content.
When posting content to the website/ Mobile Applications, please do not post content that:
• contains ill-mannered, profane, abusive, racist or hateful language or expressions, text,
photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a
personal, racial or religious nature;
• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent,
inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
• violates the privacy rights of any third party, is unreasonably harmful or offensive to any
individual or community;
• discriminates on the grounds of race, religion, national origin, gender, age, marital status,
sexual orientation or disability, or refers to such matters in any manner prohibited by law;
• violates or inappropriately encourages the violation of any municipal, state, federal or
international law, rule, regulation or ordinance;
• uses or attempts to use another's account, password, service or system except as expressly
permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive or
destructive files;
• sends repeated messages related to another user and/or makes derogatory or offensive comments
about another individual or repeats prior posting of the same message under multiple emails or
subjects.
Any submitted content will be refused by us. If repeated violations occur, we reserve the right to
cancel user access to the website/ Mobile Application without advanced notice.
IX. PAYMENT
• For availing our Premium services, the User shall be required to subscribe to the subscription
plan available on the website/Mobile Applications.
• Any order for subscribing to our Subscription plan shall be between User and Kemetium Inc. The
user agrees to take particular care when providing us with its details and warrant that these
details are accurate and complete at the time of ordering.
• SUBSCRIPTION CHARGES:
It is agreed by the user that:
o The User shall pay the required subscription fee to us as per the Subscription plan available on
the Website.
o Payment options: Payment mode shall be:
⮚ Debit and Credit Cards
⮚ PayPal
• Premium services automatically renew continuously at the end of your subscription period, and
your payment method will be charged the then-current renewal price (plus applicable taxes)
automatically, without any additional action by you. You acknowledge and agree that the premium
services automatically renew unless you cancel them or we suspend or terminate them under this
agreement.
• Promo Codes. Kemetium Inc. may, from time to time in its sole discretion, offer certain
promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for
cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional
codes cannot be used in conjunction with any other offer or promotional discount and must be
redeemed by the date published, if provided. Lost promotional codes cannot be replaced. There is a
limit of one promotional code per customer. Promotional codes are void where prohibited. Any
promotional program may be terminated or modified by Kemetium Inc. at any time in our sole
discretion.
• We are happy to support you if there is any issue you can contact our back-office team for any
inquiry or problem.
• We take customer feedback very seriously and use it to constantly improve the quality of
service.
X. TRIAL PERIOD
Access to Website and Mobile Application Premium Services may from time to time be made available
on a time-limited free trial basis (a “Trial” or “Trial Premiums”). Please note that this Agreement
also applies to any Trial. You may be asked to provide your credit or debit card information when
registering for a Trial. In such an event, your credit or debit card will only be charged if you do
not cancel Your Trial before the end of the Trial period. If We ask for Your credit or debit card
information and You do not affirmatively cancel before the end of the Trial, then Your Trial may be
converted into a paid subscription and Your credit or debit card may be charged the subscription
fee in effect at the time Your Trial first began. Trial Premiums are not available to former Users
of Premium Services or Users who have previously received a free trial and canceled it before
paying for Premium Services.
Note: If you sign up for a free trial and then cancel it, you won't be eligible to sign up for
another free trial for at least 12 months.
XI. CANCELLATION POLICY
If you cancel your Premium subscription and return to a free Basic account, you’ll still retain
your profile, connections, and other data. However, you’ll lose access to Premium features like
premium insights on job postings, Website or Mobile Application Pages, and the full list of Who's
Viewed My Profile.
To avoid getting charged for the next billing period, you need to cancel at least one day before
the billing date listed here. Cancelation will end billing and remove your access to any Premium
features at the end of your current billing cycle. Access to all accumulated credits will be lost
at the end of your billing cycle and can't be credited back. You will only be able to delete your
payment method at the end of your current billing cycle.
XII. MEMBER ACCOUNT CLOSURE
If you choose to close your Website and Mobile Applications account, your data will generally stop
being visible to others on our Services within 24 hours. We generally delete closed account
information within 30 days of account closure, except as noted below.
We retain your data even after you have closed your account if reasonably necessary to comply with
our legal obligations (including law enforcement requests), meet regulatory requirements, resolve
disputes, maintain security, prevent fraud and abuse (e.g., if we have restricted your account for
breach of our Professional Community Policies), enforce our User Agreement, or fulfill your request
to "unsubscribe" from further messages from us. We will retain de- personalized information after
your account has been closed.
Information you have shared with others (e.g., through post or group posts) will remain visible
after you close your account or delete the information from your own profile, and we do not control
data that other Members have copied out of our Services. Group content and ratings or review
content associated with closed accounts will show an unknown user as the source. Your profile may
continue to be displayed in the services of others (e.g., search engine results) until they refresh
their cache.
XIII. NO ADVISORY
Please note that some of the content, text, data, graphics, images, information, suggestions,
guidance, and other material (collectively, "Information") that may be available on the Website and
Mobile Applications (including information provided in direct response to your questions or
postings) may be provided by individuals. We do not in any way endorse any individual described
herein. In no event shall we be liable to you or anyone else for any decision made or action taken
by you in reliance on such information.
XVII. GENERAL CONDITIONS
For the Users
• We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by
us.
• We make material changes to these terms and conditions from time to time, we may notify you
either by prominently posting a notice of such changes or via email communication.
• The Website and Mobile Applications is licensed to you on a limited, non-exclusive,
non-transferable, non-sublicensable basis, solely to be used in connection with the Service for
your private, personal, non-commercial use, subject to all the terms and conditions of this
Agreement as- they apply to the Service.
• You further acknowledge and agree that we have no obligation whatsoever to furnish any
maintenance and support services concerning the Apps.
• You acknowledge and agree that we are not responsible for addressing any claims you or any third
party may have concerning the Website and Mobile Applications;
• Kemetium Inc. reserves the right to suspend/terminate usage or access to the platform or
system.
• Kemetium Inc. is not responsible for your use of the services or for the actions of other users
with whom you may exchange information or have contact.
• Kemetium Inc. does not conduct criminal or other background screenings of its users. Kemetium
Inc. does not verify the information provided by users concerning users’ identity, health, physical
condition, or otherwise.
• Kemetium Inc. also is not responsible for activities or legal consequences of your use in
locations that may attempt to criminalize or limit your interactions. You must make your own
informed decisions about the use of the application in your location and assess any potential
adverse consequences.
XVIII. LIMITED GUARANTEE
By these Website and Mobile Applications:
• We provide an opportunity for you to avail the offered Products and Services from our Website
and Mobile Applications.
• We do not provide any warranty or guarantee that the products and service descriptions are
accurate, complete, reliable, current, or error-free. If a Services offered by the Website/ Mobile
Applications is not as described, your sole remedy is to intimate us about Services for taking
further action.
XIX. GEOGRAPHIC RESTRICTION
We reserve the right, but not the obligation, to limit the usage or supply of any service to any
person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve
the right to suspend any Service at any time. Any offer to provide any Service made on this
Website/ Mobile Application is invalid where banned.
XX. USER RESPONSIBILITIES
• You shall use the Service, Website and Mobile Applications for a lawful purpose and comply with
all the applicable laws;
• You shall not use or access the Website/ Mobile Applications for collecting any market research
for some competing business;
• You shall not misrepresent or personate any person or entity for any false or illegal
purpose;
• You will not use any device, scraper, or any automated thing to access the Website/ Mobile
Applications for any means without taking permission.
• You will inform us about anything is inappropriate or you can inform us if you find something
illegal;
• You will not interfere with or try to interrupt the proper operation of the Website/ Mobile
Applications through the use of any virus, device, information collection or transmission
mechanism, software or routine, or access or try to gain access to any data, files, or passwords
connected to the Website/ Mobile Applications through hacking, password or data mining, or any
other means;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or
safety features (e.g., report abuse button) on the Website/ Mobile Applications;
• You will let us know about the unsuitable content of which you become aware. If you discover
something that infringes any law, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website and
Mobile Applications or any service, or any portion of the Website/ Mobile Applications or service,
without notice, and to remove any content.
XXI. EXCLUSION OF LIABILITY
We shall not be liable and responsible for the behavior of the users (both Sellers and the buyers).
And we are also not accountable for the quality of the products provided by the Sellers on the
website/ Mobile Applications.
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or
timeliness of information listed by us or any third parties; and (b) shall not be responsible for
any materials posted by us or any third party. You shall use your own judgment, caution, and common
sense in evaluating any prospective methods or offers and any information provided by us or any
third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or
damage that may be suffered by a user through the use of the www.kemetium.com Website and Mobile
Applications KEMETIUM APP AND KEMETIUM MESSAGE APP including loss of data or information or any
kind of financial or physical loss or damage.
In no event shall KEMETIUM, INC.; nor its owners, directors, employees, partners, agents,
suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or
exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other
intangible losses, consequential from (i) your use or access of or failure to access or use the
Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access,
use or alteration of your transmissions or content, whether or not based on guarantee, agreement,
domestic wrong (including carelessness) or any other lawful concept, whether or not we've been
aware of the possibility of such damage.
XXII. NO RESPONSIBILITY
We are not responsible to you for:
● any reliance that you may place on any material or commentary posted on our website/ Mobile
Applications. Please note that nothing contained in our website or the material published on it is
intended to amount to advice on which you should rely; or
● any losses you suffer because the information you put into our website/ Mobile Applications is
inaccurate or incomplete; or
● any losses you suffer because you cannot use our website/ Mobile Applications at any time; or
● any errors in or omissions from our website/ Mobile Applications; or
● any losses you may suffer by relying on any commentary, postings or reviews (of our services or
that of our partners) on our website/ Mobile Applications; or
● any unauthorized access or loss of personal information that is beyond our control.
XXIII. SAFTETY TIPS
• Never share your password, personal information, any official identity document with
anyone.
• This is a social site; always share your expectations to avoid misunderstanding.
• Never send any money to another member.
XXIV. RELEASE
You release us and our successors from all losses, damages, rights, and demands and actions of any
kind, including personal injuries, death, and property damage, that are directly or indirectly
related to or arising from your use of the Services (collectively, “Claims”).
XXV. THIRD-PARTY LINKS
The Website and Mobile Applications may comprise links to external or third-party Websites
(“External Sites”). These links are provided exclusively as ease to you and not as an
authorization by us of the content on such External Sites. The content of such External Sites is
created and used by others. You can communicate the site administrator for those External Sites. We
are not accountable for the content provided in the link of any External Sites and do not provide
any representations about the content or correctness of the information on such External Sites. You
should take safety measures when you are downloading files from all these Websites to safeguards
your computer from viruses and other critical programs. If you agree to access linked External
Sites, you do so at your own risk.
XXVI. PERSONAL INFORMATION AND PRIVACY POLICY
By accessing or using this Website and Mobile Applications, you approve us to use, store, or
otherwise process your personal information as per our Privacy Policy.
XXVII. ERRORS, INACCURACIES, AND OMISSIONS
Every effort has been taken to ensure that the information offered on this Website and Mobile
Applications is accurate and error-free. We apologize for any errors or omissions that may have
occurred. We cannot give you any warranty that usage of the Website and Mobile Applications will be
error-free or fit for purpose, timely, that defects will be amended, or that the site or the server
that makes it available are free of viruses or bugs or signifies the full functionality, accuracy,
reliability of the Website and Mobile Applications and we do not make any warranty whatsoever,
whether express or implied, relating to fitness for purpose, or accuracy.
XXVIII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE, MOBILE APPLICATIONS AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR
THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR
CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF
TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE
AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN
RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY
UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA
OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, MOBILE
APPLICATIONS OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.
THE WEBSITE AND/OR MOBILE APPLICATIONS MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS
OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH
TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE/MOBILE
APPLICATIONS. THE WEBSITE/ MOBILE APPLICATIONS MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL
OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST
THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO DO CHANGES,
CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE/MOBILE APPLICATIONS AT ANY TIME WITHOUT NOTICE.
XXIX. COPYRIGHT AND TRADEMARK
The Website and Mobile Applications contains material, such as software, text, graphics, images,
designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us
(collectively referred to as the “Content”). The Content may be possessed by us or third parties.
Unauthorized use of the Content may infringe copyright, trademark, and other
laws. You have no rights in or to the Content, and you will not take the Content except as allowed
under this Agreement. No other use is allowed without prior written consent from us. You must
recollect all copyright and other proprietary notices contained in the original
Content on any copy you make of the Content. You may not transfer, provide license or sub- license,
sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of,
distribute, or otherwise use the Content in any way for any public or commercial purpose. The use
or posting of the Content on any other Website or in a networked computer environment for any
purpose is expressly prohibited.
If you infringe any part of this Agreement, your permission to access and/or use the Content and
the Website and Mobile Applications automatically terminates and you must immediately destroy any
copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Website and Mobile Applications
are registered and unregistered trademarks or service marks of us. Other company, product, and
service names located on the Website and Mobile Applications may be trademarks or service marks
owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).
Nothing on the Website and Mobile Applications should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use the Trademarks, without our prior written
permission specific for each such use. None of the Content may be retransmitted without our
express, written consent for every instance.
XXX. INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors,
licensees and assigns harmless from and against any claims, actions, or demands, including, without
limitation, reasonable legal and accounting fees, arising or resulting from your breach of this
Agreement or your misuse of the Content or the Website and Mobile Applications. We shall provide
notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in
defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the
exclusive defense and control of any matter that is subject to indemnification under this section.
In such case, you agree to cooperate with any reasonable requests assisting our defense of such
matter.
XXXI. MISCELLANEOUS SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in
full force and effect and enforceable.
TERMINATION
Term. The Services will be provided to you can be canceled or terminated by us. We may terminate
these Services at any time, with or without cause, upon written notice. We will have no liability
to you or any third party because of such termination. Termination of these Terms will terminate
all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or
expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled
to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us
will immediately become due and payable in full, and (d) we may delete your archived data within 30
days. All sections of the Terms that expressly provide for survival, or by their nature should
survive, will survive termination of the Terms, including, without limitation, indemnification,
warranty disclaimers, and limitations of liability.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties hereto concerning the subject
matter contained in this Agreement.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed under the law of Canada and Ontario without
giving effect to any principles of conflicts of law. The courts of Canada shall have exclusive
jurisdiction over any dispute arising from the use of the Mobile Applications.
FORCE MAJEURE
We will have no liability to you, your users, or any third party for any failure us to perform its
obligations under these Terms if such non-performance arises as a result of the occurrence of an
event beyond the reasonable control of us, including, without limitation, an act of war or
terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil
commotion or other force majeure event.
ASSIGNMENT
The Company shall have the right to assign/transfer this agreement to any third party including its
holding company, subsidiaries, affiliates, associates, and group companies, without any consent of
the User.
CONTACT INFORMATION
If you have any questions about these Terms, please contact us at info@kemetium.com.