Retail Asia Academy may modify the terms of this Agreement from time to time, and will endeavour to notify you of such changes via email or by displaying a message on the Sites when you next use Pocket SEED. By continuing to use Pocket SEED, you agree that your use will be governed by the updated terms of this Agreement.
From time to time, for various reasons including but not limited to the optimisation of Pocket SEED, Retail Asia Academy may add, make changes to or remove altogether features or functionality of the Retail Asia Academy Services. If you are using a mobile application, you may need to install a new or updated version before you can receive the benefit of those changes. Retail Asia Academy will use all reasonable efforts to inform you of any changes to Pocket SEED.
As a public business with a responsibility to deliver value to stakeholders, Retail Asia Academy is subject to the challenges, risks, opportunities and market forces every public business faces. In certain scenarios, Retail Asia Academy may decide to stop providing all or some of Pocket SEED features at any time. Nothing in this Agreement is to be taken as a guarantee that Pocket SEED will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the Pocket SEED or any version of them.
In order to access and use Pocket SEED, you will need to register and create an account (your “Account”). By creating an Account, you must be 18 years or older in order to access and use Pocket SEED. By logging in to Pocket SEED, you are representing to us that you are at least 18 years old. You agree to provide true, accurate, current and complete account information, and to maintain and promptly update your account information in order to ensure that it remains true, accurate, current and complete. Retail Asia Academy reserves the right to refuse registration of users, or cancel accounts it deems inappropriate, such as:
Retail Asia Academy reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through Pocket SEED that violates our Terms. At Retail Asia Academy, we are committed to ensuring the privacy of your information to provide you with a safe and trusted environment. Nonetheless, you are responsible for activities that occur under your Account and maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorised third party, or otherwise may have been compromised.
Retail Asia Academy may use this information and any technical information about your use of Pocket SEED to tailor the user experience of, facilitate the use of Pocket SEED for you, or to communicate with you. We may also add your corporate name and logo to marketing material (press release, advertising, etc.) so long as you are a customer of ours.
Pocket SEED may allow you to link your Account to other platforms (e.g. google mail, social media sites etc.). You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through Pocket SEED. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
Pocket SEED is available as both a mobile and web-based app (each an “App”). You may download and utilise the App in your devices for your personal use. You may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App; (iv) make the functionality of the App available to multiple users through any means; or (v) use in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each an “App Provider”). You acknowledge and agree that:
Retail Asia Academy may change its services from time to time and/or we may stop (permanently or temporarily) providing Pocket SEED (or features within Pocket SEED), possibly without prior notice to you. Certain features of our Service may be subject to additional terms or conditions, which will be posted with those features.
Pocket SEED allows you and other users to post, link, store, share and otherwise make available certain information, images, videos, text and/or other content (“Content”). You are responsible for the Content that you post on Pocket SEED, including its legality, reliability, and appropriateness. By posting Content on Pocket SEED, you grant us the right and license to use, modify, publicly perform, display, reproduce, and distribute such Content on and through Pocket SEED for registered users in your company, who may also use your Content on Pocket SEED, subject to these Terms.
You may delete Content has been posted. Retail Asia Academy shall not be liable for the removal or deletion of (or the failure to remove or delete) any Content on Pocket SEED.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through Pocket SEED does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When submitting Content to or otherwise using Pocket SEED, you agree not to:
This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of Pocket SEED or to review or edit any Content, but we have the right to do so for the purpose of operating Pocket SEED, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to Pocket SEED.
Pocket SEED is protected by copyright, trademark, and other laws of the Republic of Singapore and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the App and Pocket SEED, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or Pocket SEED, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or Pocket SEED (“Feedback”) will be the sole and exclusive property of Retail Asia Academy and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
You acknowledge that Retail Asia Academy owns or has the right to use all property in Pocket SEED, including all our copyright, trademarks, design rights, moral rights, service marks, trade names, know-how, confidential information, patents, licences, inventions and other intellectual property rights in the Retail Asia Academy (our “IP”). You may not reproduce any of the content on our Sites without getting our permission in writing. You do not have any rights to our IP except granted under this Agreement or any other agreement you have with us. You agree not to challenge or do anything inconsistent with such ownership.
You own, or warrant that you are authorised to use, the intellectual property rights in any Content you submit to Pocket SEED. You retain any and all of your rights to any Content you submit, post or display on or through Pocket SEED and you are responsible for protecting those rights, Retail Asia Academy does not take any ownership or liability of the Content that you post on Pocket SEED.
The Content available through Pocket SEED may not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on Pocket SEED, relating to the quality, suitability, truth, accuracy or completeness of any content contained in Pocket SEED. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.
All information relating to Pocket SEED that could reasonably be considered by its nature to be confidential will be treated by you as confidential unless we give our permission for you to use the information, or the information is in the public domain otherwise than by a breach of this Agreement.
You agree to notify us immediately if you become aware that any person may have unauthorised knowledge, access to or use of the Retail Asia Academy Services.
Your obligations under this clause will survive termination of this Agreement.
We do not permit copyright infringing activities and infringement of intellectual property rights on Pocket SEED and will remove any such Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) to info.retailasiaacademy.com with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Pocket SEED may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing Pocket SEED: (i) attempt to access or search Pocket SEED or download Content from Pocket SEED through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of Pocket SEED, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through Pocket SEED to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use Pocket SEED for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You agree to indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of Pocket SEED or the use of Pocket SEED by any person using your Account violates any applicable law or regulation, or the rights of any third party.
You understand and agree that the App and Pocket SEED are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App or Pocket SEED will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
You acknowledge that Retail Asia Academy may use third party suppliers to provide hardware, software, networking, connectivity, storage and other technology in order to provide the Pocket SEED, and that Pocket SEED may be subject to limitations, delays and other problems inherent in the use of such provided by third party suppliers. The delays, problems, acts and omissions of those third party suppliers may be outside of Retail Asia Academy’s control, and Retail Asia Academy does not accept any liability for any loss or damage suffered as a result of any delay, problem, act or omission of any third party supplier.
On behalf of itself and such third party suppliers, Retail Asia Academy excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.
Content that you create, manage, deliver and track and the number of kilobytes of data transferred when creating, managing, delivering and tracking Content are metered by Retail Asia Academy.
If you have a paid subscription version of Pocket SEED, you must adhere to the usage limit for the paid subscription version you have purchased. You are aware of the usage limits set for your use of Pocket SEED. If you have reached your usage limit for the associated subscription period, Retail Asia Academy will use reasonable endeavours to contact you and request you to upgrade your paid subscription to the next level. Your access to the relevant Retail Asia Academy may be suspended until you have upgraded to the next subscription level or until the start of the next subscription period, whichever comes first.
You may upgrade, downgrade or cancel your usage of Pocket SEED (I.e. space limit, number of users etc.) at any time by informing us via firstname.lastname@example.org.
Downgrading or cancellation of your account may cause the loss of content, or features or capacity of your account. If you choose to downgrade or cancel your account, Retail Asia Academy does not accept any liability for the resulting loss of data, content, features or capacity.
If your account is cancelled your account will be deactivated or deleted and your data may be deleted from our systems within 30 days after the date of cancellation. You may not recover your content once your account is cancelled. Any statutory retention requirements with respect to your data or information remain your responsibility, however Retail Asia Academy, in our sole discretion, may be able to provide you with your data if you request it within 30 days of cancellation, at a time & materials cost to you of USD$150 per hour + GST.
All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranties, disclaimers and limitations of liability.
Pocket SEED Availability
You acknowledge that the operation and availability of the system used for accessing Pocket SEED can be unpredictable and that down-time of Pocket SEED, either scheduled or unscheduled, may occur. Retail Asia Academy will work within reason to ensure this amount of downtime is limited. Retail Asia Academy will not be held liable for the consequences of any downtime.
Retail Asia Academy cannot guarantee that any file or program available for download and/or execution from or via Pocket SEED is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You acknowledge that you assume all risk of use of all programs and files associated with Pocket SEED, and you will not hold Retail Asia Academy responsible for any consequences of its use.
You acknowledge that in order to use the Pocket SEED, you require a modern mobile device operating system or browser such as Internet Explorer 10, Firefox 20, Safari 5 or Google Chrome 30 and a stable connection to the Internet. Pocket SEED may work in a limited manner on other web browsers (such as earlier versions of the previously mentioned browsers), but the Pocket SEED was not designed for use on web browsers other than those recommended above.
Pocket SEED may be accessed throughout Singapore and overseas. Retail Asia Academy makes no representations that Pocket SEED will comply with the laws (including intellectual property laws) of any country outside Singapore. If you access Pocket SEED from outside Singapore, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
Limitation of Liability
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APP AND IN NO EVENT WILL IT EXCEED $10 IN SINGAPORE DOLLARS. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON POCKET SEED; (iii) ANY CONTENT OBTAINED FROM POCKET SEED; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the App and/or Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms are governed by the laws of the Republic of Singapore, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding Pocket SEED.
Retail Asia Academy and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Retail Asia Academy in any respect whatsoever.
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and legal fees.
We may revise these Terms from time to time, and we will provide notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
Retail Asia Academy will not be liable by reason of the failure in the performance of obligations under this Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Retail Asia Academy’s reasonable control.
Questions & Contact Information
Please contact us at email@example.com if you have any questions about our Terms.