TERMS AND CONDITIONS

Greetings and welcome to Penclusive (the “Platform”), operated by Penclusive Pte. Ltd. (the “Company”, “we”, “our”, or “us”). The Platform is an online education marketplace that allows students from all over the world to improve their written English skills by submitting assignments, browsing and inviting markers to grade their work, and receiving written, audio and/or video feedback to improve their learning, among other e-learning services offered on the Platform.

By accessing and using this Platform and our related websites, applications and content (collectively, the “Services”) you agree to be bound by this Terms and Conditions of Use (this “Agreement” ). Please also read and familiarise yourself with the Penclusive Privacy Policy which is incorporated by reference into this Agreement. For the purposes of this Agreement, “you” and “your” means you as the user (or otherwise known respectively as student or marker) on the Platform.

If you do not agree to and accept the terms of this Agreement (including the Penclusive Privacy Policy), please exit and leave this website or application immediately.

  • 1. Acceptance

    • This Agreement (including the Privacy Policy) is a legally binding and enforceable contract that establishes the terms and conditions of use of our Services.
    • By accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement. If you desire to revoke your agreement to the terms herein, you must immediately stop using the Services and cancel your account on the Platform altogether.

  • 2. Term

    This Agreement will remain in full force and effect while you use the Services “(Term)”. We reserve the right to terminate or suspend your account at any time without notice if we believe that you have breached this Agreement, or for any other reason, with or without cause, in our sole discretion.

  • 3. Changes

    We may modify this Agreement from time to time. In such an event, we will try to notify you of material revisions, for example via a notice or pop-up notification on our Platform or an email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the new Agreement. If you do not agree to the new Agreement, you must stop accessing or using the Services.

  • 4. Usage of Services

    In order to use the Services, you may be given the option to sign in using your account on certain social media platforms. By doing so, you authorise us to access and use certain information, including but not limited to information that may be readily available to the public on your social media account (such as First Name and/or Last Name, Country of Residence, Age, Email Address, Spoken Language 2 and Hometown). For more information regarding the personal data we collect from you and how we use it, please review our Privacy Policy.

    If you do not have an existing account with us, you must create an account in order to use the Services. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

    It is also important that you keep your account password confidential and that you do not disclose it to any third party.

    You also agree that you are solely responsible for the activity that occurs under your account, such as the description of the assignments you provide and the assignments you submit, the invitation and/or request sent to markers to mark your assignment, the written/audio/video feedback prepared the content, details, information (if any) that you may post, upload, publish or otherwise make available on the Services (collectively, “Content”).

  • 5. Fees, Refund and Cancellation Policy

    Fees

    The Platform provides for paid services at the fees indicated therein (“Paid Services”). When you submit your assignment, browse and invite a marker to mark your assignment and provide feedback and click “Complete Assignment” at the check-out page, you agree to pay the service fee, platform fee, administration fee, other applicable fees and taxes, as well as any other costs subject to additional terms specific to the Paid Services.

    You will not be able to use the Paid Services if you do not pay these fees. You are responsible for paying all fees, taxes and associated costs charged by or for the Platform in a timely manner with a payment mechanism associated with the Paid Services. Subject to our refund and cancellation policy below, refunds may be available for Paid Services at our sole and absolute discretion.

    By using the Paid Services, you agree to the following:

    • The fees may be subject to variation in accordance with prevailing foreign exchange rates at the time of payment (if you are based overseas);
    • Unless otherwise specified, you may pay for the Paid Services in United States Dollar (USD) or Singapore Dollar (SGD);
    • To declare and pay any local taxes as applicable on the fees for the Paid Services;
    • You may use the credit card(s) or other payment method(s) specified by us (in our Frequently Asked Questions (FAQ) section) in connection with the payment and that the information you supply is true, correct and complete;
    • We may store and continue billing your payment method (e.g. credit card) to use to pay other purchases you may make;
    • Subject to our cancellation and refund policy, all purchases are non-refundable; and
    • Taxes payable by you are calculated based on the billing information at the time of purchase.

    3 The Platform may employ the use of third-party services “(Designated Payment Methods)” for the purpose of facilitating payment and the completion of purchases. Accordingly, you represent and warrant that there are sufficient funds or credit to complete the purchase using the Designated Payment Method on our Platform.

    Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Platform are accurate, there may be instances where errors may occur. In such a case, we reserve the right to refuse or cancel your purchase at any time for reasons including but not limited to service availability, errors in the description or price of the service, error in your purchase, or if any unauthorized or illegal transaction is suspected, or other reasons.

    Refund and cancellation policy

    You acknowledge and agree that all payments made on the Platform shall be collected and held in escrow by an escrow agent appointed by the Company and released to the marker upon your confirmation that the services rendered for the Paid Services are satisfactory or upon your failure to obtain a refund in accordance with our refund policy below.

    Please note that offers of refunds are strictly at our sole and absolute discretion and only applicable for the payment amounts that are being held in escrow. We are not under any obligation to offer refunds to users who violate the Agreement and the Privacy Policy, even if requests for refunds are made within the designated refund period.

    We may offer a full or partial refund on a case-by-case basis if:

    • You receive feedback on your assignment, but the quality of the marking and feedback did not meet the basic requirements of the Paid Services, as assessed and confirmed by our site administrator; or
    • The marker cancels his/her acceptance or confirmation of service to mark your assignment and provide feedback to you.

    To get a refund of the fees for the Paid Services, please submit a refund request to us via support@penclusive.com within 14 days of your payment. We will not process your request for refund after this 14-day period.

    At our discretion, the refund may be made to your original payment method or any of the payment modes offered on the Platform, including, by way of a chargeback to your credit card used at the time of payment or refunded via internet banking transfer or transfer via payment links, depending on capabilities of our payment service providers and your information in our possession or otherwise provided to us. The provision of a refund shall not constitute or be construed as, in whole or in part, evidence of an admission of liability on any matters complained of by you or on your behalf and/or any wrongdoing, breach of contract or breach of duty by us and/or of any fault in our products and/or services supplied to you and/or that our products and/or services supplied to you is/are not suitable for you in any way and/or that we are unable to perform our obligations to you. You agree, upon receipt of the refund, to waive and release any and all claims against us, any related entities, and our successors and assigns, and our respective shareholders, officers, directors, agents, employees, trustees, members and insurers.

  • 6. Your obligations

    You hereby represent, warrant and/or undertake the following:

    • You must be at least 18 years old or the minimum legal age in your country to use the Services. Otherwise, you may only use the Services with the consent of your parent or legal guardian. Your parent or legal guardian must review and discuss this Agreement with you;
    • During the Term and for two (2) years thereafter, you agree not to contact, initiate contact, solicit, employ or attempt to do business with, at any time for any purpose, either directly or indirectly, any students, markers, officers, directors, shareholders, consultants, attorneys, employees, agents, contractors, vendors, suppliers, business contacts or other affiliates of the Company or otherwise referred by the Company to you through the Platform or otherwise, for the purpose of circumventing, the result of which shall be to prevent the Company from realizing a profit, fees, or otherwise, without the specific written approval of the Company; such approval may be specifically granted only in written form by the Company on a case-by-case basis, at its sole and absolute discretion;
    • You must not impersonate any person or entity, or otherwise misrepresent you or your affiliation with any person or entity on the Platform, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
    • You must not do anything unlawful, misleading, or fraudulent or for an illegal or unauthorised purpose on the Platform. You must not make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any portion thereof or determine or attempt to determine any source code, algorithms, methods or techniques embodied the Platform or any derivative works thereof;
    • You must not distribute, license, transfer, or sell, in whole or in part, any of the content of the Platform or any derivative works thereof;
    • You must not violate (or help or encourage others to violate) this Agreement or our policies, including the Privacy Policy;
    • You must not do anything (or attempt) to interfere/tamper with, disrupt or impair the intended operation of the Services, disrupt our website or any networks connected to the Services/Platform, or bypass/circumvent any measures we may use to prevent or restrict access to the Services;
    • You must not attempt to create accounts or access or collect information in unauthorised ways including creating accounts or collecting information in an automated way on the Platform without our express permission;
    • You must not post private or confidential information or do anything on the Platform that violates someone else's rights, including intellectual property;
    • You must not intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age on the Platform;
    • You must not use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting shill reviews.
    • You must not use the Platform to upload, transmit, distribute, store or otherwise make available in any way:
      • files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
      • any unsolicited or unauthorised advertising, solicitations, or any other prohibited form of solicitation;
      • any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document or credit card numbers;
      • any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person;
      • any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
      • any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
      • any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
      • otherwise any material that, in the sole judgment of the Platform, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose the Platform, the Services or its users to any harm or liability of any type.

  • 7. Monitoring of Content

    You consent to us monitoring or reviewing any Content as part of the Services. We reserve the right to delete any Content, in whole or in part, or disable your user account at any time without prior notice, that in our sole judgment violates this Agreement, harms the reputation of the Services or the Company, or infringe or violate any third-party rights, or otherwise violate any applicable laws or regulations.

  • 8. Irrevocable Licence

    By using the Services, you grant the Company, its subsidiaries, its affiliates, related companies, licensees and successors, an irrevocable license to use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content.

  • 9. Intellectual Property Rights

    The Company owns (and is entitled to enforce) all proprietary rights in the Service, and in all content, copyright, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains copyrighted material, trademarks, and other proprietary information of the Company and its licensors. We 6 reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.

  • 10. Copyright

    You must not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Unless indicated otherwise, all content, images and graphics, video, audio, information, links, and other material and files (collectively, “Material”) found on this Platform are protected by copyright, trademark and other proprietary rights. You expressly agree not to copy, reproduce, download, modify, edit, use, publish, transmit, reproduce in whole or in part, directly or indirectly, any Material on this Platform without the prior written consent of the Company. You further agree to comply with all copyright, trademarks and other proprietary rights by any third parties that you may access from this Platform. The Company will not be held responsible for any copyright, trademark or proprietary rights infringements caused by third party material accessed on the Platform.

  • 11. Disclaimer

    We do not offer any form of advice. The feedback provided by markers to students are strictly for instructional and learning purposes only. We use the Platform to facilitate the engagement between user and marker and at no point do we provide any advice to users. The content, including all text, graphics and other information displayed on the Platform is for informational purposes only and does not in any way constitute professional, expert or specialized advice whatsoever.

    We make no guarantees, representations or warranties, whether express or implied, with respect to professional qualifications and certifications of markers, their expertise, teaching experiences, quality and/or standard of marking or grading, price or cost information, or otherwise any other content available through the Platform. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content.

    We are not a party in any of the dealings or fulfilment of the services between the user and the marker. While we aim to ensure to the best of our ability the professionalism, qualifications and integrity of the markers, we cannot and do not guarantee the full quality, safety or legality of the services performed, advertised, the truth or accuracy of the teaching experience from markers, their background, or marking competency in accordance with recognized standards imposed by institutions, or their competence in rendering quality feedback and performing with due diligence, care or skill.

    We are not responsible for the manner in which a marker may mark or grade assignments or provide feedback (or lack thereof) or any delays associated therewith. You therefore acknowledge and accept that we do not supervise, direct or control the way a marker operates. All rights and obligations for the services are solely between a user and a marker. We will not provide any marker with any materials, equipment, or facility, save for those available on the Platform, to complete any services. Users and markers must look solely to the other for enforcement and performance of all the rights and obligations arising from this Agreement.

    We are not responsible for the conduct of any user. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. You agree that the Company and its affiliates, subsidiaries, related entities or its partners shall not be liable (directly or indirectly) for any losses, damages or refunds whatsoever, whether direct, indirect, general, special, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service and/or any other damages resulting from communications with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users.

    The Company accepts no responsibility for checking the accuracy of data, programs or materials accessed through this site and therefore makes no representation concerning its completeness, truth, accuracy or its suitability for any particular purpose. Users should rely on their own independent investigations. Before relying on any information accessed through this website or application, a user should:

    • carefully evaluate the accuracy, currency, completeness and relevance to their own circumstances of the information for the purpose for which it is to be used; and
    • obtain any appropriate professional advice relevant to the user’s particular circumstances.

    The Platform may contain hyperlinks to websites or platforms operated by third parties. We do not control such websites or platforms and are not responsible for their content or privacy practices. Such hyperlinks are inserted for convenience and reference only and are not an endorsement of material at those sites, or any associated organization, product or service. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites or apps.

    Information, data, programs or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may infiltrate or become accessible through the Services due to circumstances beyond our control and we make no representation as to the suitability of the information accessible for viewing by minors or any other persons.

    By using the Services, you will be assuming all risks associated with use of the website including risk of your computer, software or data being damaged by any virus which might be transmitted or activated via the Platform/Services or your access to it.

  • 12. Sanctions and Export Controls

    You warrant that you are not located in, or ordinarily reside in, any country that is subject to applicable Singapore trade sanctions or embargoes. Your location is determined by your physical location. Use of a virtual private network service, IP routing services, or other similar service for the purpose of circumventing these laws is strictly prohibited.

    You warrant that you are not named on any government prohibited, denied, unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”). If you become subject to such a restriction during the Term of this Agreement or are placed on any Sanctions Lists, you will immediately discontinue your use of the Services. You also warrant that you will not export, re-export, divert or transfer the Services to an entity on any Sanctions Lists or otherwise use the services in a manner that would be in violation of applicable laws.

    Notwithstanding anything herein, we may terminate any further obligations to you, effectively immediately if you are in breach of the obligations in this section.

    Notwithstanding anything herein, we may terminate any further obligations to you, effectively immediately if you are in breach of the obligations in this section.

  • 13. Indemnity

    You hereby agree to defend, indemnify, and hold harmless to the fullest extent the Platform, the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of a breach by you or any user of your account of this Agreement or arising out of a breach of your obligations, representation and warranties under this Agreement

  • 14. Warranties

    The Service is provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; and (iv) whether the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. To the maximum extent permitted under applicable law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.

  • 15. Limitation of Liability

    WE DO NOT CONTROL OR DIRECT WHAT PEOPLE AND OTHERS DO OR SAY, AND WE ARE NOT RESPONSIBLE FOR THEIR ACTIONS OR CONDUCT (WHETHER ONLINE OR OFFLINE) OR ANY CONTENT THAT THEY SHARE (INCLUDING OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL AND OTHER OBJECTIONABLE CONTENT).

    WE CANNOT PREDICT WHEN ISSUES MAY ARISE WITH THE SERVICE. ACCORDINGLY, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCES WILL THE PLATFORM OR THE COMPANY NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, DIRECTORS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE (DIRECTLY OR INDIRECTLY) IN ANY WAY TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY DIRECT OR INDIRECT ECONOMIC OR FINANCIAL LOSS OR DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, REPUTATION, INFORMATION OR DATA) OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES HOWSOEVER CAUSED OR ARISING FROM ANY 9 BREACH OR FAILURE OF THE COMPANY/SERVICE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT.

    THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, DIRECTORS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

  • 16. Amendments

    The Company reserves the unfettered right to modify the Services with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You are responsible for regularly reviewing the Content to obtain timely notice of such amendments. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, and suspend or terminate users, without liability to you.

  • 17. Governing Law

    This Agreement (and the Privacy Policy) shall be governed by and interpreted in accordance with the laws of the Republic of Singapore.

    All disputes, controversies, or differences arising out of or in connection with this Agreement shall first be attempted to be mediated and resolved internally between the Parties. The Parties hereto agree to participate in the internal mediation in good faith. The disputes, controversies or differences shall be referred within seven (7) days to the Singapore Mediation Centre in the event the internal mediation does not work. The Parties agree to participate in mediation in good faith and undertake to abide by the terms of any settlement reached.

    If the dispute cannot be resolved by mediation within sixty (60) days of the date that it is referred to mediation, then the dispute shall be submitted to the non-exclusive jurisdiction of the Courts of Singapore.

  • 18. General

    • You agree that no joint venture, agency, partnership, or employment relationship exists between you and the Company and/or affiliates under this Agreement or use of the Platform and the Services.
    • The Company does not warrant that your access and usage of the Platform will always be safe and seamless in its operation. The Platform may face delays, 10 errors, service disruptions, time-outs and may even ‘hang’ (collectively, “Disruptions”). The Company shall not be responsible for any of these Disruptions and the Company disclaims liability for any claims, costs and damages known or unknown that may arise out of the Disruptions.
    • You undertake not to utilise the Platform to do anything unlawful and criminal in nature. You agree to indemnify, defend and hold the Company and its staff harmless from any loss, liability, claim or demand arising out of or in connection with your access and use of the Platform and/or your breach of this Agreement.
    • The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
    • You shall not assign or purport to assign any of your rights or obligations under this Agreement without the prior written consent of the Company and any such assignment or purported assignment shall be null and void.
    • If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the remaining provisions of this Agreement shall not be affected or impaired thereby.
    • No failure on the part of the Company to exercise and no delay on the part of the Company in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under this Agreement by the Company preclude any other or further exercise of it.
    • This Agreement contains the whole agreement between you and the Company relating to the subject matter of this Agreement to the exclusion of any terms implied by law which may be excluded by contract and supersedes any previous written or oral agreement between you and the Company in relation to the matters dealt with in this Agreement.

  • 19. Google analytics/ cookies

    • We use cookies in the operation of the Platform in order to ensure its proper functioning. Cookies are small text files that are stored on a user’s computer, tablet or smartphone by an online portal when you visit it. Cookies are used to provide a better user experience when using the Platform and for record keeping, analyzing trends, administering the Platform, tracking users’ movements on the Platform, and gathering demographic information about the users. We may receive reports based on the use of cookies on an aggregated basis. This is in order for us to track and target the interests of the users using Google analytics and improve the Platform.
    • It is not mandatory for users to enable the Platform’s cookies and users may delete or block these cookies. However, the users’ browsing experience may be negatively affected as some features of the Platform may not work as intended. The session ID cookie will be stored on a user’s computer for the period of one (1) month.
    • By using the Platform, you consent to our use of the cookies in the abovementioned ways and for the abovementioned purposes.

    • The types of cookies used on this Platform are as follows:

      • Mandatory cookies: The cookies which are essential for enabling users to access and use the Platform and their services
      • Preference cookies: The cookies which collect information about how users use the Platform in order for us to improve the Platform’s design and accessibility.
      • Statistics cookies: The cookies which provide statistics and reporting on the performance of the Platform, through Google Analytics. No personally identifiable data will be collected through these cookies.
      • Marketing cookies: The cookies which track users’ behaviour on the Platform and potentially across other websites, in order to target content that are relevant for the users. Users would not be personally identified through this information.
    • The Company gathers certain information and stores them in log files automatically in order to improve the Platform’s services. This information includes operating system, internet protocol addresses, internet service provider, referring/exit pages, files viewed on the Platform, date/time stamp, clickstream data and/or browser type. This information may be combined with other information the Company collects about users.
    • The Company and/or its service providers may use local storage to store content information and preferences.

  • 20. Supplemental Terms – App Stores

    To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:

    Apple

    Apple is not a party to this Agreement

    The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.

    Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.

    In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.

    Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

    In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.

    Windows Phone Store

    By downloading the Platform from the Windows Phone Store (or its successors) operated by Microsoft, Inc. or its affiliates, you specifically acknowledge and agree that:

    • You may install and use one copy of the Platform on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees.
    • You acknowledge that Microsoft Corporation, your phone manufacturer and network operator have no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.

    Amazon Appstore

    By downloading the app from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc. or affiliates (“Amazon”), you specifically acknowledge and agree that:

    • The extent of any conflict between (a) the Amazon Appstore Terms of Use or such other terms which Amazon designates as default end user license terms for the Amazon Appstore (“Amazon Appstore EULA Terms”), and (b) the other terms and conditions in these Terms, the Amazon Appstore EULA Terms shall apply with respect to your use of the Platform that you download from the Amazon Appstore, and
    • Amazon does not have any responsibility or liability related to compliance or non-compliance by The Company or you (or any other user) under these Terms or the Amazon Appstore EULA Terms.

    Google Play

    By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:

    • To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and;
    • You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by the Company or you (or any other user) under these Terms or the Google Play Terms.
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