EULA(End User License Agreement): Terms of Service
EULA(End User License Agreement): Terms of Service
for Professional Memberships
1. Your Relationship with KewTea & Journal
1.1 Your use of the apps and website and any products, software, data feeds and services (collectively the "Service") is subject to the terms of a legal agreement between you and “KewTea”, whose principal place of business is at 88 Holland Gardnes, TW8 0BH, United Kingdom.
1.3 The Terms form a legally binding agreement between you and KewTea in relation to your use of the Service. It is important that you take the time to read them carefully.
2. Accepting the Terms & Changes to the terms
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that KewTea or Journal will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with KewTea, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
2.4 KewTea reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. If you do not agree to the Modified Terms provided upon such case, you must stop using the Service.
2.5 KewTea is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.
3.1 In order to access some features of the Website or other elements of the Service, you will have to create a KewTea account. When creating your account, you must provide accurate and complete information. It is important that you must keep your account password secure and confidential.
3.2 You must notify KewTea immediately of any breach of security or unauthorised use of your account that you become aware of.
3.3 You agree that you will be solely responsible (to KewTea and to others) for all activity that occurs under your account.
4.General Restrictions on Use , Fair Use Policy
4.1KewTea hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
A. You agree not to access Content through any technology or means other than the webpages of the Website itself, the KewTea , or such other means as KewTea may explicitly designate for this purpose;
B. You agree not to use the Service for any of substantial commercial uses unless you obtain KewTea's prior written approval ($ est over 1000)
C. You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
D.There is cap in the storage/access of data: 100 records per day in peak and average 3000 records a year. Overall traffic by public access do not over 10GB in a year.
4.2 All services are provided under Principle of Fair Use Policy. And breach of this may result in termination of service or purse of liability from KewTea . These are :
5. Content & Copyright Policy
5.1 Content stands for comments, tags such as collection and keywords and any other contextual data that KewTea db collected from your use. As a KewTea account holder you may submit Content. Your Content may be exposed to various search engines such as Google, Bing and etc if the shared link is posted online.
5.2 You retain all of your ownership rights in your Content, but you are required to grant limited license rights to KewTea and other users of the Service.
5.3 KewTea operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party.
5.4 KewTea will terminate user access to the Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
5.5 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for KewTea to use or possess in connection with the provision of the Service.
5.6 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant KewTea the license referred to in paragraph 8.1 below.
5.7 On becoming aware of any potential violation of these Terms, KewTea reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
5.8 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KewTea with respect to any such Content.
6. License Rights
6.1 When you set Content publicly available to KewTea, you grant:
A. to KewTea, a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and KewTea's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
6.2 The above licenses granted by you in Content terminate when you return to private visibility or remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 5.2 above.
7. Ending Your Relationship with KewTea
7.1 The Terms will continue to apply until terminated by either you or KewTeaas set out below.
7.2 If you want to terminate your legal agreement with KewTea, you may do so by (a) notifying KewTea at any time and (b) closing your account. - accepted notification is email to firstname.lastname@example.org with valid user name and account details plus wrriten statement.
7.3 KewTea may at any time terminate its legal agreement with you if:
A. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
B. KewTea is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
C. KewTea is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or the provision of the Service to you by LINER is, in LINER's opinion, no longer commercially viable. and in the case of each of C, where possible, KewTea give reasonable notice of such termination.
7.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and KewTea have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions overal rest shall continue to apply to such rights, obligations and liabilities indefinitely.
8. Exclusion of Warranties & Limitation of Liability
8.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
8.2 The Service is provided "as is" and KewTea makes no warranty or representation to you with respect to them.
8.3 In particular KewTea does not represent or warrant to you that:
A. Your use of the Service will be uninterrupted, timely, secure or free from error,
B. That defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
8.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
8.5 KewTea shall not be liable to you for:
A. Any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
B. Any loss or damage which may be incurred by you as a result of:
i. Any changes which KewTea may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
ii. 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 Service;
iii. Your failure to provide KewTea with accurate account information;
iv. Your failure to keep your password or KewTea account details secure and confidential.
8.6 Especially for free membership service and during beta testing, very limited warranty and liability are applied.
9. General Legal Terms
9.1 The Terms constitute the whole legal agreement between you and KewTea and govern your use of the Service and completely replace any prior agreements between you and KewTea in relation to the Service.
9.2 You agree that KewTea may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
9.3 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.
Our primary goal in collecting personal information is to provide you, the user, with a customized experience on our network of sites. This includes personalization services, interactive communications, online shopping and many other types of services, most of which are completely free to you.
KewTea uses the personal information you provide to us in several ways. Some examples are shown in the followings:
A user’s personal information may be used by KT for editorial purposes such as to contact you as part of an online survey. Additionally, we may also use the information provided by you to: 1) contact you with legal notices 2) to advise
Upon upgrading the membership, all preceding contract(above) is inherited and valid. Following extra agreement or amendments are made. By click this, you are agreed to upgrade membership with the following terms
On top of preceding 1~9, Section 10 is appended.
10. Billing and Extra Mutual Rights and Liability
10.1 Extra care and support in on-line should be provided by KewTea but holds the same liability and warranty as in free service.
10.2 Upon you click to upgrade and after the first bill is sent, KewTea and appointed fee-handling agency holds your billing information and KewTea holds the right to enforce collecting the amount as agreed in the online from the information(e.g. Bank or payment account) provided by you. You must comply to the payment in due time.
10.3 Failure to do so may result in termination of service or downgrading membership on prompt.
10.4 Extensions and extra service KewTea provides may request extra service charge.
10.5 For damage from or loss of service, KewTea will provide small compensation.
10.6 You can return to the free plan only after the minimum period of 15 days. You must provide notify vis the form KewTea provided or written email to email@example.com. The interval of switching plans is minimum 1 month.
10.7 For breach of fair use policy or unlawful use, KewTea may downgrade membership or terminate the account.