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Terms of Use



1. Relationship with Chinese A+

1.1 Your use of Chinese A+ products, software, services, and websites (referred to collectively as the “Services” in this document and excluding any services provided to you by Chinese A+ under a separate written agreement) is subject to the terms of a legal agreement between you and Chinese A+. “Chinese A+” means ChineseAplus Pte Ltd., whose principal place of business is at 33 Ubi Avenue 3, #07-37, Vertex, Singapore 408868. This document explains how the agreement is made up and sets out some of the terms of that agreement.

1.2 Unless otherwise agreed in writing with Chinese A+, your agreement with Chinese A+ will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms.”

1.3 Your agreement with Chinese A+ will also include the terms of any Legal Notices applicable to the Services and the Universal Terms. All of these are referred to below as the “Additional Terms.” Where Additional Terms apply to a Service, these will be accessible for you to read within or through your use of that Service.

1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Chinese A+ about your use of the Services. It would be best if you took the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms.”

1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence concerning that Service.


2. Accepting the Terms

2.1 To use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by Chinese A+ in the user interface for any Service; or

(B) by actually using the Services. In this case, you agree that Chinese A+ will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Chinese A+, or (b) you are a person barred from receiving the Services under the laws of Singapore or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, print or save a local copy of the Universal Terms for your records.


3. Provision of the Services by Chinese A+

3.1 Chinese A+ is constantly innovating to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Chinese A+ provides may change from time to time without prior notice to you.

3.2 As part of this continuing innovation, you acknowledge and agree that Chinese A+ may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or users generally at Chinese A+’s sole discretion, without prior notice to you.

3.3 You acknowledge and agree that if Chinese A+ disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content contained in your report.


4. Use of the Services by you

4.1 To access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You agree that any registration information you give to Chinese A+ will always be accurate, correct, and up to date.

4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Singapore or other relevant countries).

4.3 You agree not to access (or attempt) any of the Services by any means other than through the interface provided by Chinese A+ unless you have been specifically allowed to do so in a separate agreement with Chinese A+. You expressly agree not to access (or attempt) any of the Services through automated means (including scripts or web crawlers). You shall ensure that you comply with the instructions in any robots.txt file present on the Services.

4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.5 Unless you have been expressly permitted to do so in a separate agreement with Chinese A+, you agree not to reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.

4.6 You agree that you are solely responsible for (and that Chinese A+ has no responsibility to you or any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Chinese A+ may suffer) of any such breach.


5. Your passwords and account security

5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

5.2 Accordingly, you agree that you will be solely responsible to Chinese A+ for all activities under your account.

5.3 If you become aware of unauthorized use of your password or your account, you agree to notify Chinese A+ immediately.


6. Privacy and your personal information

6.1 For information about Chinese A+’s data protection practices, please read the Chinese A+’s privacy policy. This policy explains how Chinese A+ treats your personal information and protects your privacy when you use the Services.

6.2 You agree to use your data by Chinese A+’s privacy policies.


7. Content in the Services

7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos, or other images) that you may have access to as part of or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.”

7.2 You should be aware that Chinese A+ and its content partners own Content presented to you as part of the Services. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have explicitly been told that you may do so by Chinese A+ or by the owners of that Content, in a separate agreement.

7.3 Chinese A+ reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Chinese A+ may provide tools to filter out explicit sexual content. These tools include the SafeSearch preference settings. In addition, there are commercially available services and software to limit access to material that you may find objectionable.

7.4 You understand that by using the Services, you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

7.5 You agree that you are solely responsible for (and that Chinese A+ has no responsibility to you or any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Chinese A+ may suffer) by doing so.

 

8. Proprietary rights

8.1 You acknowledge and agree that Chinese A+ (or Chinese A+’ licensors) own all legal rights, titles, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information designated confidential by Chinese A+ and that you shall not disclose such information without Chinese A+’s prior written consent.

8.2 Unless you have agreed otherwise in writing with Chinese A+, nothing in the Terms gives you a right to use any of Chinese A+’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Chinese A+, then you agree that your use of such features shall comply with that agreement, any applicable provisions of the Terms, and Chinese A+’ brand feature use guidelines as updated from time to time.

8.4 Other than the limited license outlined in Section 10, Chinese A+ acknowledges and agrees that it obtains no right, title, or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Chinese A+, you agree that you are responsible for protecting and enforcing those rights and that Chinese A+ has no obligation to do so on your behalf.

8.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

8.6 Unless you have been expressly authorized to do so in writing by Chinese A+, you agree that in using the Services, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.


9. Licence from Chinese A+

9.1 Chinese A+ gives you a personal, worldwide, non-assignable, and non-exclusive license to use the software provided to you by Chinese A+ as part of the Services offered to you by Chinese A+ (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Chinese A+ in the manner permitted by the Terms.

9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Chinese A+, in writing.

9.3 Unless Chinese A+ has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.


10. Content license from you

10.1 You retain copyright and any other rights you already hold in Content that you submit, post, or display on or through the Services. By submitting, posting, or displaying the content, you give Chinese A+ a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Chinese A+ to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

10.2 You agree that this license includes a right for Chinese A+ to make such Content available to other companies, organizations, or individuals with whom Chinese A+ has relationships for the provision of syndicated services and to use such Content in connection with the provision of those services.

10.3 You understand that Chinese A+, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Chinese A+ to take these actions.

10.4 You confirm and warrant to Chinese A+ that you have all the rights, power, and authority necessary to grant the above license.


11. Software updates

11.1 The software you use may automatically download and install updates from time to time from Chinese A+. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Chinese A+ to deliver these to you) as part of your use of the Services.


12. Ending your relationship with Chinese A+

12.1 The Terms will continue to apply until terminated by either you or Chinese A+ as set out below.

12.2 If you want to terminate your legal agreement with Chinese A+, you may do so by (a) notifying Chinese A+ at any time and (b) closing your accounts for all of the services you use, where Chinese A+ has made this option available to you. Your notice should be sent, in writing, to the Chinese A+ address that is set out at the beginning of these Terms.

12.3 Chinese A+ may, at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the requirements of the Terms); or

(B) Chinese A+ is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with whom Chinese A+ offered the Services to you has terminated its relationship with Chinese A+ or ceased to provide the Services to you; or

(D) Chinese A+ is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(E) the provision of the Services to you by Chinese A+ is, in Chinese A+’s opinion, no longer commercially viable.

12.4 Nothing in this Section shall affect Chinese A+’ rights regarding the provision of Services under Section 3 of the Terms.

12.5 When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and Chinese A+ have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation. The provisions of paragraph 12.6 shall continue to apply to such rights, obligations, and liabilities indefinitely.


13. EXCLUSION OF WARRANTIES

13.1 Nothing in these terms, including sections 13 and 14, shall exclude or limit Chinese A+’s warranty or liability for losses that may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the legally lawful limitations in your jurisdiction will apply to you, and our liability will be limited to the maximum extent permitted by law.

13.2 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided “as is” and “as available.”

13.3 In particular, Chinese A+, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

(a) Your use of the services will meet your requirements,

(b) Your use of the services will be uninterrupted, timely, secure, or free from error,

(c) Any information obtained by you as a result of your use of the services will be accurate or reliable, and

(d) That defects in the operation or functionality of any software provided to you as part of the services will be corrected.

13.4 Any material downloaded or otherwise obtained through the services is at your discretion and risk. You will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

13.5 No advice or information, whether oral or written, obtained by you from Chinese A+ or through or from the services shall create any warranty not expressly stated in the terms.

13.6 Chinese A+ further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.


14. LIMITATION OF LIABILITY

14.1 Subject to the overall provision in paragraph 13.1 above, you expressly understand and agree that Chinese A+, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

(a) Any direct, indirect, incidental, special consequential, or exemplary damages you may incur, however, caused and under any theory of liability... This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;

(b) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:

(i) Any reliance placed by you on the completeness, accuracy, or existence of any advertising or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;

(ii) Any changes which Chinese A+ may make to the services or for any permanent or temporary cessation in the provision of the services (or any features within the services);

(iii) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;

(iv) Your failure to provide Chinese A+ with accurate account information;

(v) Your failure to keep your password or account details secure and confidential;

14.2 The limitations on Chinese A+’s liability to you in paragraph 14.1 above shall apply whether or not Chinese A+ has been advised of or should have been aware of the possibility of any such losses arising.


15. Copyright and trademark policies

15.1 It is Chinese A+’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminate the accounts of repeat infringers.


16. Other content

16.1 The Services may include hyperlinks to other websites or content, or resources. Chinese A+ may have no control over any websites or resources provided by companies or persons other than Chinese A+.

16.2 You acknowledge and agree that Chinese A+ is not responsible for the availability of any such external sites or resources and does not endorse any advertising, products, or other materials on or available from such websites or resources.

16.3 You acknowledge and agree that Chinese A+ is not liable for any loss or damage which you may incur as a result of the availability of those external sites or resources or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products or other materials on, or available from, such web sites or resources.


17. Changes to the Terms

17.1 Chinese A+ may change the Universal Terms or Additional Terms from time to time. When these changes are made, Chinese A+ will create a new copy of the Universal Terms, and any new Additional Terms will be made available to you from within or through the affected Services.

17.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Chinese A+ will treat your use as acceptance of the updated Universal Terms or Additional Terms.


18. General legal terms

18.1 Sometimes, when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of content, or purchase goods, which another person or company provides. Your use of these other services, content, or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

18.2 The Terms constitute the whole legal agreement between you and Chinese A+ and govern your use of the Services (but excluding any services which Chinese A+ may provide to you under a separate written agreement) and completely replace any prior agreements between you and Chinese A+ about the Services.

18.3 You agree that Chinese A+ may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

18.4 You agree that if Chinese A+ does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Chinese A+ has the benefit of under any applicable law), this will not be taken to be a formal waiver of Chinese A+’ rights and that those rights or remedies will still be available to Chinese A+.

18.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

18.6 You acknowledge and agree that each member of the group of companies of which Chinese A+ is the parent shall be third-party beneficiaries to the Terms and that such other companies shall be entitled to enforce and rely upon directly any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third-party beneficiaries to the Terms.

18.7 The Terms, and your relationship with Chinese A+ under the Terms, shall be governed by the laws of Singapore without regard to its conflict of laws provisions. You and Chinese A+ agree to submit to the exclusive jurisdiction of the courts located within Singapore, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Chinese A+ shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.