TERMS OF USE

Last updated on 02 June 2017.

This is a binding legal contract between you and The Aleph Group PTE Limited (and any predecessor and successor entities) covering your use of the websites/applications/platforms/software/technology platforms owned and operated by Aleph (collectively “Aleph Properties“).

We refer to all of the companies in our corporate group as “Aleph”, “we”, “our” or “us“. References to “you”, and “your” shall be deemed to be references to you.

These Terms of Use apply to all users, including users who are simply accessing the Aleph Properties and its Content offerings for informational purposes and users who have or are considering entering into a commercial relationship with Aleph.  BY USING/VISITING/ACCESSING THE ALEPH PROPERTIES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Aleph reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Aleph Properties following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Aleph grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Aleph Properties.

Aleph Properties uses cookies; by using Aleph Properties or agreeing to these terms and conditions, you consent to the use of cookies in accordance with the terms of Aleph’s Privacy Policy.

YOUR ACCOUNT

Some portions of Aleph Properties may be accessed without an account or by signing in with Google/YouTube/any social networking account or by signing/executing a separate subscription agreement, as indicated herein. Upon you accessing the Aleph Properties, you can only use your account for the purposes we describe on the Aleph Properties and/or as per the terms set out herein and/or as explicitly stated in the subscription agreement.

You are responsible for everything done through your account, therefore do not share your login ID, credentials, details and/or password with anyone you do not want to be accountable for. Do notify us right away if you have lost control of your account ID or password or you suspect there is unauthorized activity in your account.

We have the right to send you emails relating to your participation in the Aleph’s network, from time to time.  Notifications sent to the email address then-associated with your account will be deemed to have been received, even if such email address is not updated or accurate.  If we reject or terminate your registration, we may retain your information for referring to a later date in the event you should decide to reapply or otherwise as may be required under applicable law.  Your information will be held in accordance with the terms of our privacy policy.

YOUR CONDUCT IN RELATION TO YOUR ACCOUNT

  1. You shall be solely responsible for the information as provided by you while creating an account.
  2. You shall not engage in any activity intended to obtain password, account, or private information from any another user.
  3. You shall not transmit unwanted email /spam or contain any other negative communications
  4. You shall not post anything that could be considered defamatory, libelous, violates third party intellectual property or is considered a criminal offence.
  5. You shall not open a new account without our written permission if we have terminated a prior account or suspended your access to the Aleph Properties or any Services.
  6. You cannot transfer/assign your account to someone else.
  7. You shall not do anything that smacks of bad online citizenship such as spam our users, distribute spyware or viruses, collect personal information without disclosing and abiding by our privacy policy, or attempt to reverse engineer or hack into our systems.
  8. You shall not do anything we have not permitted to be done on the Aleph Properties.

CONTENT & OWNERSHIP

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 including any  enhancements or modifications contained on the Aleph Properties is owned, controlled or licensed by or to Aleph, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except for rights expressly granted herein and/or in the Agreement, no other rights, title or license shall be considered granted in your favor.

In the event you desire to use in any manner whatsoever any of Aleph’s trademarks, service marks, logos or Content as available on the Aleph Properties, then you shall seek our prior written approval via email at legal@thealephgroup.sg

TYPES OF CONTENT

Aleph endeavors to ensure that the Content as available on Aleph Properties are suitable for viewers of all ages. We do not distribute sexually explicit or pornographic material however, on some of Aleph Properties, certain Content displayed may show adult content, nudity, foul /abusive language, excess skin or content suitable for viewers of the age 18 and above. Such content is purely displayed in relation to the context in which they are used on the Aleph Properties and viewers discretion is advised.

USE OF ALEPH PROPERTIES & ITS CONTENT

Any and all Content on the Aleph’s Properties shall not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. 

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Aleph Properties or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Aleph Properties or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Aleph Properties. Aleph reserves the right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Aleph Properties, or any other systems or networks connected to the Aleph Properties or to any Aleph server, or to any of the services offered on or through the Aleph Properties, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Aleph Properties or any network connected to the Aleph Properties nor breach the security or authentication measures on the Aleph Properties or any network connected to the Aleph Properties.  You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Aleph Properties, or any other customer of Aleph, including any Aleph account not owned by you, to its source, or exploit the Aleph Properties or any service or information made available or offered by or through the Aleph Properties, 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 Aleph Properties.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure on any of the Aleph Properties or Aleph’s systems or networks, or any systems or networks connected to the Aleph Properties or to Aleph.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Aleph Properties or any transaction being conducted on the Aleph Properties, or with any other person’s use of the Aleph Properties.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Aleph on or through any of the Aleph Properties or any service offered on or through the Aleph Properties. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Aleph Properties or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Aleph or others.

PURCHASES; OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of any of the Aleph Properties, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of any of Aleph’s Properties or for any service offered on or through the Aleph Properties, the latter terms shall control with respect to your use of that portion of the Aleph Properties or the specific service.

Aleph’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the Aleph Properties should be construed to alter such agreements.

Aleph may make changes to any products or services offered on the Aleph Properties, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Aleph Properties with respect to products and services may be out of date, and Aleph  makes no commitment to update the materials on the Aleph Properties with respect to such products and services.

UNSOLICITED IDEA SUBMISSION POLICY

Aleph or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, audio-visual content, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names etc. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Aleph or any of its employees. If, despite our request you make a submission, then regardless of what your communication states, You agree that: (1) your submissions and their contents will automatically become the property of Aleph, without any compensation to you; (2) Aleph may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Aleph to review the submission; and (4) there is no obligation to keep any submissions confidential.

THIRD PARTY CONTENT

You acknowledge and agree that Aleph has no control over any third party content and does not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials promoted or displayed, or any websites/applications/platforms that they may link to (collectively, “Third Party Content”).  We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by any Third Party Content.

VIOLATION OF THESE TERMS OF USE

Aleph may disclose any information we have about you (including your identity) if Aleph determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of any of the Aleph Properties, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Aleph’s rights or property, or the rights or property of visitors to or users of the Aleph Properties, including Aleph’s customers. Aleph reserves the right at all times to disclose any information that Aleph deems necessary to comply with any applicable law, regulation, legal process or governmental request. Aleph also may disclose your information when Aleph determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Aleph may preserve any transmittal or communication by you with Aleph and may also disclose such data if required to do so by law or if such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Aleph, its employees, users of or visitors to the Aleph Properties and the public.

You agree that Aleph may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Aleph, for which monetary damages would be inadequate, and you consent to Aleph obtaining any injunctive or equitable relief that Aleph deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Aleph may have at law or in equity.

You further agree, that if you breach or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

  1. send you one or more formal warnings;
  2. temporarily suspend your access to the Aleph Properties
  3. permanently prohibit you from accessing the Aleph Properties;
  4. block computers using your IP address from accessing the Aleph Properties;
  5. contact any or all of your internet service providers and request that they block your access to the Aleph Properties;
  6. commence legal action against you, whether for breach of contract or otherwise; and/or
  7. suspend or delete your account on any of the Aleph Properties.
  8. Suspend or delete your account upon requests by law enforcement or other government agencies
  9. Where we suspend or prohibit or block your access to any of the Aleph Properties or a part thereof, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.

If Aleph does take any legal action against you as a result of your violation of these Terms of Use, Aleph 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 Aleph. You agree that Aleph will not be liable to you or to any third party for termination of your access to any of the Aleph Properties as a result of any violation of these Terms of Use

COPYRIGHT INFRINGEMENT

Aleph is strongly committed to respecting intellectual property and other rights of a party. To report any instances of copyright infringement, please email us right away at legal@thealephgroup.sg with the subject: Copyright Infringement and we shall endeavor to respond at the earliest.

PRIVACY

Aleph’s detailed Privacy Policy is located on all the Aleph Properties that you access.  Additionally, by using any of the Aleph Properties, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to any of the Aleph Properties Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY

You will indemnify, defend, and hold harmless Aleph, its affiliates, subsidiaries, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your use of the Aleph Properties and/or our Services and/or the Agreement. Aleph reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON INFRINGEMENT. THE COVERED ENTITIES DO NOT MAKE ANY REPRESENTATION AS TO THE POTENTIAL REVENUES OR OTHER BENEFITS YOU MAY REALIZE BY USING THE SERVICES. THE SITES AND THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE.

Like all Internet businesses, the Aleph Properties and Services are vulnerable to down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) caused by events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where our or your servers are located. We cannot guarantee complete accuracy in the information we report.

THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, SOFTWARE OR ANYTHING ELSE. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC.

YOU AGREE THAT YOUR ACCESS AND USE OF THE ALPEH’S PROPERTIES SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND SERVICES MADE AVAILABLE ON OR BY WAY OF THE ALEPH SITES ARE PROVIDED TO YOU “AS IS.”

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COVERED ENTITIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE ALEPH’s PROPERTIES, ITS SERVICES AND YOUR USE THEREOF.

ALEPH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE ALEPH’S PROPERTIES OR OTHER RESOURCES LINKED OR ANY OTHER ADVICE THAT YOU MAY RECEIVE FROM ALEPH, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ALEPH PROPERTIES OR ITS SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ALPEH’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ALEPH’s PROPERTIES, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE ALPEH SITES BY ANY THIRD LEPHPARTY.

ALEPH DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY IN ANY CONTENT FEATURED OR LINKED FROM THE ALEPH PROPERTIES.

IN NO EVENT WILL ANY OF THE COVERED ENTITIES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION, OR COSTS OF PROCURING ALTERNATIVE ADVERTISING OR PUBLISHERS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, WHETHER SUCH LIABILITY ARISES FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT THE COVERED ENTITILES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

VOID WHERE PROHIBITED

Aleph administers and operates the various Aleph Properties from various locations around the world. Although the Aleph Properties is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Aleph Properties are available to all persons or in all geographic locations, Aleph  reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on any of the Aleph Properties is void where prohibited. If you choose to access the Aleph Properties you are solely responsible for complying with applicable local laws.

TERMINATION

Aleph reserves the right to suspend or terminate your access to the Aleph Properties and the services and/or your account at any time for any or no reason. This is not Aleph’s exclusive remedy under any circumstances.

No refunds or credits for subscription charges or other fees or payments will be provided to you if you elect to terminate or cancel your account prior to the end of your then effective billing cycle. Following the termination or cancellation of your subscription, Aleph reserves the right to close your account and delete any associated data in the normal course of operation.

If you close your account voluntarily, we will retain your account information and use it in accordance with our Privacy Policy.

The terms herein will survive termination or suspension of your access to the Aleph Properties and/or Services and/or closure of your account.

MISCELLANEOUS

  1. This document contains and records the entire understanding between the Parties to the extent of the provisions contained herein, in the subject matter hereof and supersedes all prior agreements, arrangements and understandings between the Parties, written or oral, on the subject matter herein. All other terms and conditions of the Agreement (if executed between You and Aleph) as that have not been modified herein shall continue to remain valid and binding on the parties.
  2. Aleph will be entitled to recover any legal fees and other costs associated with enforcing the terms herein.
  3. Aleph will communicate with you either by emailing the address associated with your account or by posting to a blog on the Sites or on the Sites themselves.
  4. You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Aleph Properties and all Services.
  5. The understanding as captured herein is the entire understanding between you and Aleph and it replaces any other agreement/understanding between us on this subject. Aside from our right to make changes described herein, any amendments must be in a writing signed by both parties.
  6. The laws of Singapore are applicable. Any disputes shall be resolved in the courts of Singapore whose has exclusive jurisdiction over any matter
  7. Any feedback you provide shall be deemed to be non-confidential. Aleph shall be free to use such information on an unrestricted basis.
  8. The information contained herein is subject to change without notice.

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