THIS WEBSITE, THE INFORMATION CONTAINED HEREIN, AND ALL MATERIALS ARE PROVIDED "AS IS," AND MAY NOT BE RELIED UPON FOR ANY PURPOSE AND ARE NOT SUBJECT TO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. KICKSTART DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. KICKSTART DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION.
You should be aware that a significant portion of the Materials include or consist of information that has been provided by third parties and has not been validated or verified by us. In connection with our activities, we often become subject to a variety of confidentiality obligations to funds, investors, portfolio companies, and other third parties. Any statements we make may be affected by those confidentiality obligations, with the result that we may be prohibited from making full disclosures. Without limitation on the effect of other warnings and disclaimers set forth in these Terms, you should interpret any statements we make (on this Website or otherwise) in that context. Please ensure that your own computer security is comprehensive and up-to-date. We accept no responsibility for viruses, malware or other malicious or damaging software contained in the Materials or otherwise.
No Offer, Solicitation, or Advice
Nothing on this Website or its associated services is intended to constitute (i) an offer, or solicitation of an offer, to subscribe or purchase or sell any security, other asset or service, (ii) professional or financial advice or an offer to provide such advice (including business, employment, investment advisory, accounting, tax, and/or legal advice), or (iii) a basis for making any investment decision.
Neither this Website nor any of the Materials make any effort to present a comprehensive or balanced description of Kickstart or its investment activities. Any portfolio company described on this Website may not be representative of all investments made by any Kickstart fund and is intended to be illustrative of the types of investments that may be made by such Kickstart fund.
You acknowledge and agree that neither Kickstart nor any other person (including, without limitation, any affiliate of Kickstart) is in any way obligated to invest in any business you are associated with or offer you to invest in any Kickstart entity or affiliate. Further, Kickstart makes no representation, warranty nor guarantee that any use of its services will result in your employment or engagement as a consultant or receiving career development services of any kind.
Restrictions on Use; No License
We reserve all rights with respect to the design and content of this Website. In particular, you must not misappropriate the design or content of this Website and you must not alter or deface such design or content in any way. Nothing on this Website grants any license with respect to such design or content, except that you may use Materials solely for your own personal information.
Ownership of Content, etc.
Except as otherwise noted in this website, all content and material on this website – including text, photos, graphics/charts, icons, logos, content and other Materials on this Website – are the property of Kickstart and should not be used, modified or reproduced without our prior written consent. In particular, all trade names and logos displayed on this Website are proprietary to Kickstart, its affiliates or their respective owners, and this Website grants no license to them.
Submissions of Business Plan or Other Confidential Information
Due to the large number of business plan ideas, pitch decks, business proposals, and related materials that Kickstart reviews, and the similarity of many such plans and materials, we cannot agree to obligations of confidentiality, non-use or non-disclosure with regard to any information or materials submitted or provided to or otherwise shared with us. Neither can we cannot accept responsibility for protecting against misuse or disclosure of any confidential or proprietary information or other materials in the absence of our express written agreement to do so. By submitting information or materials to Kickstart, you or anyone acting on your behalf, agree that any such information or materials will not be considered confidential or proprietary and any plans, information, and other materials you submit in connection with this Website may be used or disclosed by us for any purpose and in any manner, as we determine in our sole discretion. In no event will Kickstart be limited in, or restricted from, the pursuit of any opportunities, either alone or with third parties. Please consider this carefully before sending us any information or other materials that you deem confidential or proprietary.
At Kickstart, we take your privacy seriously. We may collect and store any personal data and information that you knowingly provide to us, as well as information that we automatically receive from your browser or device. We may communicate with you if you’ve provided us the means to do so, unless you inform us that you do not want to receive communications from us. We do not rent or sell your personal information to anyone. We may share the personally identifiable information (PII) you provide us with third parties, but only as necessary to provide to this website and our associated services. In addition, we may share information to third parties on a non-personal or aggregated basis such that any individual would not be able to be identified.
We reserve the right to track visitors to, and usage of, this Website through "cookies" and similar techniques and to use any resulting information as we determine in our sole discretion.
Limitation on Liability
To the fullest extent allowed by applicable law, under no circumstances and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability or otherwise, will Kickstart or its affiliates be liable to you or any other person for any actual, consequential, incidental, special, punitive, or exemplary damages based upon your use of, or reliance upon, this website or the Materials.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Kickstart, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the website or its affiliated services (including any actions taken by a third party using your account), and (b) your violation of these terms.
Modification of Terms
We reserve the right to modify these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Website after the posting of changes constitutes your binding acceptance of such changes.
This Website is maintained, operated, and controlled by Kickstart Ventures, Inc. in the Philippines, which provides administrative and other services to various Kickstart entities and affiliates. In accordance with industry custom, this Website occasionally uses terminology that may be interpreted to suggest that our firm is actually a single entity. However, there is no such single entity and all of the entities that comprise our firm have their own separate legal existence.
If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. These Terms, and any disputes relating to these Terms or your use of this Website or the Materials, shall be governed in all respects by the laws of the Philippines, without regard to conflicts of laws principles. Except as otherwise agreed in writing by the applicable Kickstart entities, any disputes relating to these Terms shall be resolved exclusively in Makati City, Philippines, to the exclusion of all other courts.
These Terms set forth the entire agreement between you and Kickstart with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. Our rights under these Terms may be waived by us only in writing. These Terms are binding on you as well as your successors and permitted assigns. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.
For any questions, concerns, or complaints regarding these Terms, kindly send a message to email@example.com.
Effective Date: 1 July 2019