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GENERAL TERMS AND CONDITIONS
1 GENERAL
1.1 These Terms and Conditions (“Terms”) govern your use of the language learning mobile application currently available on the Apple App Store and Google Play Store (the “Mobile App”) provided by Bluente Pte Ltd (“Bluente”,"we", "us" or "our").
1.2 We are a private limited company registered under the laws of Singapore, which is located at 1092 Lower Delta Road, #02-14, Singapore169203.
1.3 “Services” shall be defined as the use or access to the Mobile App and all software and services offered through the Mobile App.
1.4 Please read these Terms carefully before downloading, installing or using the Mobile App. By downloading, installing, accessing, browsing or using the Mobile App or the Services, you accept and agree to the Terms which bind you legally. If you do not agree to the Terms, you are not permitted to use the Mobile App and the Services, and you must immediately cease downloading, installing, accessing or using the Mobile App. Your continued use of the Mobile App and the Services signifies your acceptance of the Terms.
1.5 To enhance the general accessibility of these Terms, Bluente may publish translations of these Terms in other languages. However, in the event of any inconsistency between the translated versions and the English version of these Terms, the English version shall be the authoritative version and will take precedence.
1.6 In order for Bluente to provide you with the Services, it is necessary for your Personal Data to be collected and processed in accordance with Clauses 2 to 4 of our Privacy Policy. Your Personal Data will not be processed for any other additional purpose
unless your express consent is obtained.
1.7 If you experience any technical issues with the Mobile App or the Services, or you would like to contact us regarding these terms, you may contact us by sending an email to support@bluente.com.
2 ACKNOWLEDGEMENTS
2.1 Bluente has the right to change or revise these Terms at any time and without prior notice. You are bound by any such changes or revisions and should therefore periodically visit this page to review the then-current terms and conditions. Your access and use of the Mobile App and the Services will be subject to the most current version of the Terms. By continuing to accessor use the Mobile App and Services after an amendment becomes effective, you agree to be bound by the amended Terms.
2.2 In order to use the Mobile App and the Services, you must have a compatible device which meets the following minimum specifications:
(a) For Apple devices, requires iOS [6.0]or later, and is compatible with iPhone, iPad, and iPod Touch; and
(b) For Android devices, requires4.4 and up.
2.3 Any compatible device to which you downloaded the Mobile App will be known as a “Device” for the purposes of these Terms. You confirm that you either own the applicable Device(s) or if not owned by you, you have obtained permission to install and use the App on such Device(s).You accept responsibility for any use of the Mobile App on or in relation to such Device(s), whether or not such Device(s) is owned by you or such use was made by you. You acknowledge and agree that Bluente and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
2.4 From time to time, updates to the Mobile App may be made available through the Apple App Store and Google Play Store. Depending on the update, and whether you utilized the Apple App Store or Google Play Store to download and access the Mobile App, you may not be able to use the Mobile App and the Services until you have installed the latest version.
2.5 You acknowledge that the Mobile App and Services are provided over the Internet and mobile networks and so the quality and availability of the Mobile App and Services may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the Mobile App and Services. In addition, you acknowledge and agree that you(and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Mobile App and Services, and for paying any data charges that may be charged to you by your network provider in connection with your use of the Mobile App and Services. In the event you choose to share information from the Mobile App by utilizing SMS/text functionality, you acknowledge and agree that you (and not us) are responsible for paying any related fees that may be charged to you by your network or telecommunications provider.
2.6 You confirm that you are of legal age in your country to form a binding contract and hereby agree to be bound by these Terms. If you are an employee or other representative of a business or other entity and you are using the App in your representative capacity, then you hereby represent that you are authorised to use the App as are presentative of the entity and agree to these Terms on behalf such entity.
3 DATA PROTECTION
3.1 Bluente’s Privacy Policy constitutes an integral part of these Terms. By using our Services, you agree that we can collect, use, and share your Personal Data consistent with our Privacy Policy. As used in these Terms, “Personal Data” means any information relating to an identified or identifiable natural person, and an "identifiable" natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, IP addressor the like.
3.2 You are responsible for keeping the details of your user account for the Mobile App secure and you should not share such details with anyone else. You may not collect or harvest any Personal Data of any other user of the Mobile App, including account names.
4 THIRD PARTYCONTENT
4.1 The Mobile App may contain links to independent third party websites or other applications ("Third Party Sites"). Third Party Sites are not under our control, and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies(if any). We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of Third Party Sites.
5 LICENCE
5.1 Subject to these Terms, the Privacy Policy and the Apple App Store Rules and Google Play Store Rules (as applicable), we grant to you a non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license to use the Mobile App on the Device(s) for the purposes of language learning. Any other use of the Mobile App is strictly prohibited. We reserve all rights in and to the Mobile App. We reserve the right to revoke this license at any time, in our sole and absolute discretion.
6 LICENCE RESTRICTIONS
6.1 You are authorized to use the Mobile App and Services only in accordance with these Terms. Except as expressly permitted under these Terms, and unless prohibited by the applicable laws, you hereby agree:
(a) Not to copy, duplicate, reproduce, publish, transmit, upload, participate in the transfer of, and/or post any content or materials presented in or provided by the Mobile App, including without limitation for public or commercial purposes, including any text, images, audio and video, except as permitted by the Mobile App’s sharing function;
(b) Not to rent, lease, sub-license, loan, distribute, time-share, or translate the Mobile App in any way;
(c) Not to make alterations to, or modifications of, the whole or any part of the Mobile App, or permit the Mobile App or any part of it to be combined with, or become incorporated in, any other programs or applications;
(d) Not to disassemble, decompile, reverse engineer, adapt or create derivative works based on the whole or any part of the Mobile App;
(e) Not to sell, resell, or exploit the Mobile App, whether in whole or in part and in any form, to any person without prior written consent from us; and
(f) Not to remove or infringe any copyright, trademark or other proprietary rights from the Mobile App;
7 TERMS OF SERVICES
7.1 User Account. When creating a User Account, you will provide to us true, accurate, current, and complete information. You will update the information about yourself and/or your entity promptly, and as necessary, to keep it current and accurate. You are responsible for any activity that occurs in your User Account. Please keep it secure, protect it with a strong password, and do not share the password with anyone. If you think that someone has gained access to your User Account, please contact us immediately at support@bluente.com.
7.2 After you create your User Account and agree to the Fees(set out in Section 8 below), you will be able to access the Mobile App and the Services.
7.3 You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use of the Mobile App and the Services.
7.4 Besides the restrictions set out in Clause 6.1 above, you further agree:
(a) Not to use the Mobile App and the Services in any unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Mobile App;
(b) Not to use the Mobile App to record, post or transmit any content, materials or information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights;
(c) Not to use the Mobile App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the Mobile App (including by hacking or defacing the Mobile App); and
(d) Not to collect or harvest any information or data from the Mobile App or our systems or attempt to decipher any transmissions to or from the servers running the Mobile App, including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape, ""data mine" or in any way gather the Mobile App content or reproduce or circumvent the navigational structure or presentation of the Mobile App without our prior written consent.
8 FEES, BILLINGS, AND PAYMENT
8.1 In order to access and use the Mobile App and Services, you are required to pay a monthly subscription fee of US$20.99 (“Fees”).
8.2 After the first payment of the Fees (“First Payment”),subsequent monthly payments of the Fees shall be made automatically through the applicable payment method selected by you in respect of the Apple App Store or Google Play Store (as the case may be) on the same date of the First Payment of each calendar month thereafter (“Payment Date”), unless you terminate the subscription for the Mobile App one (1) clear day prior to the Payment Date.
8.3 Where you have terminated the monthly subscription for the Mobile App at any time, you will have continued access and use of the Mobile App and Services until 23:59 hours of the day preceding the next Payment Date.
8.4 Unless expressly provided in these Terms, all payments made by you to Bluente in connection with the Mobile App and Services shall not be refundable under any circumstances, including but not limited to the termination of your rights to use or access the Mobile App for any reason.
9 SECURITY
9.1 Bluente makes no warranty whatsoever to you, express or implied, regarding the security of the Mobile App, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you or to you through the Mobile App. You acknowledge and agree that you are solely responsible for maintaining the security of your Device(s). Bluente is not responsible for any losses resulting from the loss or theft of your Device(s), or the loss or theft of your information transmitted from or stored on your Device(s).
10 INTELLECTUAL PROPERTY RIGHTS
10.1 You hereby agree and acknowledge that all intellectual property rights in and to the Mobile App and Services belong to the Bluente or its licensors, and the rights granted herein are licensed (not sold) to you to the extent required for you to use the Mobile App and the Services as intended by Bluente in accordance with these Terms, and you have no rights in, or to, the Mobile App, the Services or their contents other than the right to use the Mobile App and Services in accordance with these Terms. In particular, you acknowledge that you have no rights to the source code of the Mobile App beyond what is required for you to use the Services in accordance with these Terms.
10.2 In the event that you elect to share information with Bluente through the Mobile App's "Contact Us" function, you agree and acknowledge that:
(a) All information supplied by you is either original to you, or you have the right to share it with Bluente;
(b) Bluente may utilize the information you supply, in whole or in part, in any manner in connection with the Mobile App and the Services;
(c) Any modifications or improvements made to the Mobile App and Services as a result of your feedback are owned and controlled solely by Bluente; and
(d) You have no right, title or interest in or to the Mobile App as a result of sharing your feedback.
You agree to not submit any confidential, proprietary or personal information through the "Contact Us" function in the Mobile App.
10.3 All trademarks, service marks, trade names, and logos are proprietary to Bluente or used by Bluente with the permission of its third party providers. Nothing contained on the Mobile App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, service marks, trade names, and logos displayed on the Mobile App without the written permission of Bluente or the relevant proprietors. Your use of the trademarks, service marks, trade names, and logos displayed in the Mobile App, or any other content in the Mobile App, except as expressly permitted in these Terms, is strictly prohibited.
11 WARRANTY DISCLAIMER - SERVICES AND CONTENT PROVIDEDON A “AS IS” BASIS
11.1 TOTHE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOU UNDERSTAND AND AGREETHAT THE INFORMATION, MATERIALS, DATA AND CONTENTS IN THE MOBILE APP AREPROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.
11.2 BLUENTEDOES NOT REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, CURRENCY OR COMPLETENESSOF THE CONTENT, MATERIALS, DATA AND INFORMATION PROVIDED AND AVAILABLE THROUGHTHE MOBILE APP AND THE SERVICES, AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORSOR OMISSIONS IN THEM.
11.3 BLUENTE MAKES NO WARRANTIES OR REPRESENTATIONS:
(a) THAT THE CONTENT, MATERIALS, DATA AND INFORMATION PROVIDED IN THE MOBILE APP AND THESERVICES ARE ACCURATE, ADEQUATE, CURRENT OR COMPLETE;
(b) THAT THE FUNCTIONS, CONTENT, MATERIALS, DATA OR THE INFORMATION AVAILABLE THROUGH THE MOBILE APP AND SERVICES WILL BE ACCESSIBLE, COMPLETE, TIMELY,UNINTERRUPTED, OR ERROR-FREE;
(c) THAT THE MOBILE APP AND THE SERVICES WILL ALWAYS BE DEFECT-FREE, VIRUS-FREE OR NOTCONTAIN ANY HARMFUL COMPONENTS;
(d) AS TO THE USE OR THE RESULTS OF THE USE OF THE MOBILE APP AND THE SERVICES;
(e) THAT ANY MESSAGES YOU SEND THROUGH THE SERVICES WILL BE DELIVERED; OR
(f) THAT YOUR ACCESS OR USE OF THE SERVICES WILL NOT RESULT IN ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM.
11.4 WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
11.5 BLUENTEMAKES NO WARRANTY THAT THEMOBILE APP OR THE SERVICES WILL MEET YOURREQUIREMENTS OR EXPECTATIONS; THAT ACCESS TO MOBILEAPP AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR THAT RESULTS FROMSUCH USE WILL BE ACCURATE OR RELIABLE, OR WILL BE SUITABLE FOR YOUR PURPOSES. BLUENTEDOES NOT WARRANT THAT THEMOBILE APP AND THE SERVICES, WHETHER IN WHOLE OR IN PART, WILL BE FREE OF ALL VIRUSES, MALWARE,CONTAMINATION, OR DESTRUCTIVE FEATURES, INCLUDING BUTNOT LIMITED TO ALL VIRUSES, MALWARE, TROJAN HORSES, WORMS, ADWARE, SPYWARE, CRIMEWARE, ONLINEGRAFFITI TAGGERS,DROPPERS, ROOTKITS, KEYLOGGERS, BOTS, OR OTHER HARMFUL SOFTWARE PROGRAM OR PROGRAMELEMENTS. IN ADDITION, BLUENTEIS NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY SERVICE PROVIDER, OR PARTNER,WHETHER ONLINE OR OFFLINE.
12 LIMITATION OF LIABILITY
12.1 TO THEMAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BLUENTE,OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS,REPRESENTATIVES, OR LICENSORS BE LIABLE, AND YOU EXPRESSLY AGREE TO NOT HOLD BLUENTELIABLE FOR ANY LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT ORINDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL EXPENSES OR DAMAGES ; LOSSES OFPROFITS, SALES, BUSINESS OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATEDSERVICES; LOSS OF BUSINESS OPPORTUNITY, DATA, USE, GOODWILL OR REPUTATION,WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE MOBILEAPP AND THE SERVICES (WHICH INCLUDES BUT IS NOT LIMITED TO LOSSES ARISING DIRECTLY OR INDIRECTLY RESULTINGFROM THE USE (WHETHER AUTHORISED OR UNAUTHORISED) OF ANY PERSONAL DATA PROVIDED BY THE USERS);
12.2 WITHOUTPREJUDICE TO THE GENERALITY OF CLAUSE 12.1 ABOVE, BLUENTE DISCLAIMS ALL LIABILITY (INCLUDING BUT NOT LIMITED TO MISREPRESENTATION, INACCURATE INFORMATION ANDFRAUD) IN RELATION TO ANY TRANSACTION THAT OCCURS ON OR IN CONNECTION WITH THE MOBILE APP AND THE SERVICES, INCLUDING BUT NOT LIMITED TO TRANSACTIONS INDUCED BYANYTHING SET OUT IN THE CONTENT, MATERIALS, DATA,INFORMATION, USER RATINGS OR ANY OTHER PART OF THE MOBILE APP AND THESERVICES.
12.3 IN NO EVENT WILL BLUENTE’S AGGREGATELIABILITY FOR ANY CLAIM RELATING TO THE MOBILE APP AND THE SERVICES EXCEED THE FEESYOU PAID BLUENTE FOR THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.
13 INDEMNIFICATION
13.1 You agree, to indemnify, defend, and hold harmless Bluente, its affiliates, officers, directors, employees, agents, partners, representatives, and licensors (the “Indemnified Parties” and each an “Indemnified Party”) from and against all losses, claims, actions, demands, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, due to, arising out of, or relating in any way to (i) any violation of these Terms (including negligent or wrongful conduct)by you, (ii) your access to or use of the Mobile App and the Services, or (iii)information provided by you, including, without limitation, infringement of any third party intellectual property rights or infringement of any individual's privacy rights. You agree to fully cooperate at your own expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
14 DISCLOSURE OF USE
14.1 Bluente reserves the right at all times to disclose any information that Bluente deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Bluente may also disclose your information when Bluente determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
15 TERMINATION
15.1 We reserve the right to discontinue, suspend or modify the Mobile App at any time, temporarily or permanently, in whole or in part, with or without notice, and without any liability to you. We may block, terminate or suspend your access to the Mobile App at any time without notice for any reason in our sole discretion, even if access continues to be allowed to others.
15.2 Where we are of the view or suspicion that you may be using the Mobile App and Services in breach of these Terms, in contravention of any applicable laws, infringement of intellectual property rights, or as part of criminal activity, we reserve the right to provide any and all relevant information, including your Personal Data, to the relevant authorities without further notice to you. Additionally, your rights to use the Mobile App and the Services will terminate immediately if you breach any of these Terms.
15.3 Upon termination of your rights to use or access the Mobile App for any reason, you must cease use of the Mobile App and immediately delete any content, materials, data or information you have obtained from the Mobile App.
15.4 In the event that your access to the Mobile App is suspended, to the maximum extent permitted by applicable laws, Bluente shall bear no liability for any expenses, losses, damages or any other costs incurred by you or any third party due to such suspension of access to the Mobile App.
16 EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
17 THIRD PARTY BENEFICIARIES AND APPLE APP STORE /GOOGLE PLAY STORE
17.1 With respect to the downloading of the Mobile App, you agree to comply with the Apple App Store Rules and Google Play Store Rules, as applicable. You acknowledge that the availability of the Mobile App may be dependent on the Apple App Store or Google Play Store from which you receive the Mobile App. You acknowledge these Terms are between you and Bluente, and not with the Apple App Store or Google Play Store. The Apple App Store and Google Play Store are not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You acknowledge that the Apple App Store and Google Play Store(and their respective subsidiaries) are third party beneficiaries to these Terms and will have the right to enforce these Terms against you.
18 APPLICABLE LAWS AND JURISDICTION
18.1 Your use of the Mobile App and Services shall be governed in all respects by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause.
19 OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms. Your rights or obligations under these Terms are non-transferable and non-delegable without our prior written consent, and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
19.2 Any failure by Bluente to exercise a right or require performance of an obligation in these Terms shall not affect Bluente’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
19.3 These Terms, the Privacy Policy and the Apple AppStore Rules/Google Play Store Rules (where applicable) constitute the entire agreement between us with respect to your use of the Mobile App and the Services, and supersede any and all other prior or contemporaneous agreements, understandings, representations and warranties of any nature between us, whether or not inwriting and whether express or implied, in relation to the Mobile App and the Services. In addition, you acknowledge and agree that in entering into these Terms, you have not relied upon, and shall have no remedy in respect of, any statement, representation, warranty, promise or assurance other than as set out in these Terms.
19.4 If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be modified to reflect the parties' intention, or otherwise limited or eliminated to the minimum extent necessary so that the remainder of the Terms shall otherwise remain in full force and effect and enforceable.
19.5 Except to the extent specified in Clauses 17.1 and 19.1 above, these Terms are not intended to be enforceable by any person or entity who is not a party to these Terms.
