TERMS OF USE
Date Last Revised: Feb 26, 2024
Acceptance of Terms of Use
These Terms of Use (the “Terms") apply to the website located at http://zencard.io/, and all associated sites link to http://zencard.io/, its subsidiaries and affiliates (collectively, the “Website"). The Website is the property of C98 Asia Pacific Pte. Ltd. (“Company”, we", "our", and "us"). By accessing, browsing, or using the Website, you accept and agree to be bound by these Terms; if you do not agree, do not use the Website.
The Company reserves the right to modify or replace any of these Terms in its sole discretion from time to time. The “Date Last Revised” specified on these Terms indicates the date on which the Terms were last modified. Please check these Terms periodically to ensure that you are aware of and in compliance with the most current version of these Terms. Any revision to the Terms shall take effect immediately upon such revised Terms being published on the Website. Such revised Terms shall be binding on you, and by your continued access and/or use of the Website for purposes set forth herein, you shall be deemed to agree to and accept the Terms as revised. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited license to enter and use the Website.
THE WEBSITE IS DEVELOPED AND PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS BY THE COMPANY AND/OR ITS AFFILIATES, AND THE COMPANY AND ITS AFFILIATES (SAVE TO THE EXTENT PROHIBITED BY APPLICABLE LAWS) EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND IN RESPECT THEREOF. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE CANCEL YOUR ACCESS IMMEDIATELY.
Scope of Terms
The Terms apply to the Website and all other websites where these Terms are posted, displayed, or referenced. The Terms also apply to any resources and tools provided through the Website, including but not limited to developer tools, software, download areas, research areas, community forums, chat rooms, blogs, sharing sites, and product information. Finally, the Terms apply to documents made available on the Website, including but not limited to white papers, press releases, datasheets, and specification documents. Hereafter, all materials and Content (as defined in Section 4 hereof) provided by the Website shall be referred to as the "Materials".
Use of the Website and Materials
You agree that you will not use the Website or the Materials for any purposes that are unlawful or prohibited by the Terms. You must not:
access, gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, copy or monitor any portion of the Website or any Materials, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Materials, to obtain or attempt to obtain any Materials through any means not purposely made available through the Website. The Company reserves the right to bar any such activities;
circumvent any use-limitation or restricted-access technology used by the Website or the Materials, or otherwise attempt to gain unauthorized access to the Website or the Materials, or any other accounts, computer systems, or networks connected to any Company server or the Materials, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or the Materials;
probe scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website or the Materials
use the Website or the Materials in any manner that could damage, disable, overburden, or impair any Company server or network(s) connections, disobey any requirements, procedures, policies, or regulations of networks connected to the Website or the Materials, or interfere with any other party's use and enjoyment of the Website or the Materials;
upload, post, email, transmit, or otherwise make available any content that you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of the Company, including any account (if registration is required) not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website;
impersonate any person or entity, including but not limited to a Company official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with the Company or any person or entity, or collect or store personal data about other users in connection with any prohibited conduct or activities;
use the Website or the Materials to create products or perform services which compete or interfere with those of the Company;
remove any copyright or other proprietary rights notices placed upon the Website or Materials; and
intentionally or unintentionally violate any applicable local, state, national, or international applicable law.
You acknowledge and agree that enforcement of this Section is solely at Company’s discretion, and failure to enforce this Section in some instances does not constitute a waiver of its right to enforce it in other instances. In addition, this Section does not create any private right of action on the part of any third party or any reasonable expectation that the Website or Materials will not contain any content or conduct that is prohibited by this Section.
Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Website and no Materials may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent.
You acknowledge and agree that the Company or its licensors own all legal rights, title, and interest in and to the Website, the Materials, and that the Website, the Materials are protected by worldwide intellectual property laws and treaty provisions. Except as set forth in these Terms and unless otherwise specified in the Materials themselves or pursuant to any license terms or permissions for the Materials, (a) no license rights or other rights are granted to you under any patents, copyrights, trademarks, or trade secret information, whether by implication, estoppel or otherwise, and (b) you may not modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell the Website or the Materials. Any unauthorized use of the Website or the Materials may infringe Company’s or a third party’s copyright rights, trademark rights, or other proprietary rights, and may result in civil or criminal liability.
You may not use or facilitate the use of the Website or any Materials in connection with any patent or other intellectual property infringement analysis concerning Company products. By your use of the Website or Materials, you agree to grant to the Company a non-exclusive, royalty-free license to any patent claims which include subject matter disclosed in the Website or the Materials, and agree not to assert against the Company any claims for patent infringement based on any such patent claims.
The Website and the Materials may contain third party submitted content. Such content is not reviewed, approved, or endorsed by the Company and is provided solely as a convenience to you. Under no circumstances will the Company be liable to you or to any third party in any way for any third-party submitted or provided content, including but not limited to any errors or omissions, or damages of any kind. By your use of the Website, you agree that you must evaluate, and bear all risks associated with, the use of any third-party content, including any reliance on the accuracy, completeness, or usefulness of such third-party content.
Except for Company confidential information disclosed via the Website, use of content on the Website or the Materials is authorized for editorial (i.e., news media) purposes only and is subject to the Terms. To request permission to use content outside of editorial purposes please submit your request via e-mail to hi@zencard.io. Please include a description of your proposed usage of the materials, along with a link or copy of the materials being requested and your contact information. Company reserves the right to approve or reject any such request, as determined by Company in its sole and absolute discretion.
Links to third-party Website
This Website may contain links to other third-party Websites ("Linked Websites"). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under Company’s control, and Company is not responsible for and does not endorse the content of such Linked Website, including any information or materials contained on such Linked Website. You will need to make your own independent judgment regarding your interaction with these Linked Websites.
Violations of these Terms
You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.
You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes but is not limited to (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.
If the Company does take any legal action against you as a result of your violation of these Terms, the Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company. You agree that the Company will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms.
Indemnity
You agree to indemnify and hold the Company and each of its officers, directors, employees, agents, representatives, partners, suppliers, and licensors (the “Indemnified Parties”) harmless from and against all actions, claims, or demands, and all losses, damages, liabilities, fees, fines, penalties, costs, and expenses (including without limitation attorneys’ fees and legal costs) arising from or relating to your breach or violation of these Terms. You acknowledge and agree that the Company may, at any time, assume the exclusive defense and control over any claim for which you owe indemnity to the Company hereunder, and you agree to fully cooperate with the Company, at Company’s reasonable request, in connection with Company’s defense and investigation of any such claim. You agree that you will not settle or compromise any claim for which indemnity is owed hereunder without Company’s prior written consent, which the Company may refuse, withhold, condition, or delay, no matter the reason, in its sole and absolute discretion.
Disclaimers
THE COMPANY DOES NOT PROMISE THAT THE WEBSITE OR ANY MATERIALS, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE AND THE MATERIALS WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND THE MATERIALS ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY COMPANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, THE MATERIALS AND ANY LINKED WEBSITE. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH MATERIALS.
THE ABOVE DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
THE COMPANY RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE: (1) TO MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THE WEBSITE, OR ANY PORTION OF THE WEBSITE, FOR ANY REASON; (2) TO MODIFY OR CHANGE THE WEBSITE, OR ANY PORTION OF THE WEBSITE, AND ANY APPLICABLE POLICIES OR TERMS; AND (3) TO INTERRUPT THE OPERATION OF THE WEBSITE, OR ANY PORTION OF THE WEBSITE, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.
Limitation of liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AFFILIATES OR ITS LICENSORS WILL NOT BE LIABLE TO YOU FOR:
ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR SIMILAR LOSS, IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE MATERIALS, INCLUDING WITHOUT LIMITATION THE USE OR PERFORMANCE OF ANY PRODUCTS, DOCUMENTS, SERVICES, OR INFORMATION MADE AVAILABLE ON THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY UNDER WHICH SUCH DAMAGES ARE SOUGHT (WHETHER IN AN ACTION FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE (INCLUDING STRICT LIABILITY), OR OTHER ACTION IN TORT).
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY CONTENT IN OR ON THE WEBSITE, THE MATERIALS, OR THE DOCUMENTS, ANY CHANGES MADE BY THE COMPANY THERETO, OR ANY PERMANENT OR TEMPORARY CESSATION BY THE COMPANY IN THE PROVISION THEREOF.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR DAMAGES EXCEED ONE HUNDRED U.S. DOLLARS ($100).
THE FOREGOING LIMITATIONS ON COMPANY’S LIABILITY WILL APPLY WHETHER OR NOT THE COMPANY KNEW OF, WAS ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE OR THE MATERIALS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE.
Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use, and disclose information from our users. By submitting personal data through our Website, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.
Dispute Resolution
We want to address your concerns without needing a formal legal case. Before filing a claim against the Company, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at hi@zencard.io. The notice must (1) include your name, residence address, email address, and telephone number; (2) describe the nature and basis of the claim; and (3) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.
Except for claims disputes in which you or the Company seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and the Company waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. All Disputes shall be submitted to the Singapore International Arbitration Centre (“SIAC”) to be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings shall be conducted virtually. You and the Company agree that Disputes will be held in accordance with the SIAC Arbitration Rules and Procedures (“SIAC Rules”). The most recent version of the SIAC Rules is incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the SIAC Rules or waive your opportunity to read the SIAC Rules and waive any claim that the SIAC Rules are unfair or should not apply for any reason.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, the Company, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
Any Dispute must be filed within one (1) year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and the Company will not have the right to assert the claim.
If any portion of this section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
Governing Law
These Terms and your access to and use of the Website shall be governed by and construed and enforced in accordance with the laws of Singapore without giving effect to the conflict of laws principles thereof.
Termination
Notwithstanding the foregoing, we may suspend or terminate your access to the Website at any time in connection with any transaction as required by applicable law, any governmental authority, or if we in our sole and reasonable discretion determine you are violating these Terms at any time and without notice to you. Such suspension or termination shall not constitute a breach of these Terms by the Company.
Upon any termination, discontinuation, or cancellation of these Terms, the following Sections will survive: 1, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16.
Severability
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
Miscellaneous
These Terms constitute the entire agreement between you and the Company relating to your access to and use of the Website. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of the Company, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
Last updated