Please read these terms of use (“Terms”) and the Privacy Policy before you use our website (“Website”) and our mobile applications (“Apps”). We offer our Website and our Apps to you based on the understanding that by using them you have accepted these Terms of Use. Your use of our Website or our Apps constitutes your acceptance of these Terms of Use.
General
These Terms describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of our Website and our Apps only. By registering for or using our Website or our Apps, you agree to abide by all of the terms and conditions of these Terms between you and us. You agree to use our Website or our Apps in accordance with these Terms of Use, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of our Website or our Apps or to products and services available through our Website or our Apps.
Content and User Submission
Except for public domain materials, all the contents published on our Website and our Apps are protected by applicable intellectual property laws, and are owned by us, or the party credited as the provider of the content. You must abide by all additional copyright notices, information, or restrictions contained in any Content accessed through our Website or our Apps.
By posting any content on our Website or our Apps, you are assigning to us and our affiliates all of your user’s copyright interests in such content and granting to us and our affiliates the right to display such content on our Website or our Apps and to use such content for promotional and marketing purpose.
You may download or copy the content and other downloadable items displayed on our Website or our Apps for your own personal, non-commercial use, provided you maintain all copyright and other notices contained therein. Except as expressly provided above, all rights are reserved. Commercial use of any of the content is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited. If available on our Website or Apps, we do not accept to be held liable for any delays, inaccuracies, errors or omissions in any content furnished by other content providers, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
Access and Availability of Service and Links
Our Website or Apps may contain links to other related websites. We do not accept to be held liable for the availability of these outside resources or their content. You should direct any concerns regarding any external link to the customer service of such websites.
Registration and Security
If you are asked to register an account on our Website or Apps, as part of the registration process, you may give us certain registration information, all of which must be accurate and updated. You may not:
(i) select or use information of another person with the intent to impersonate that person; or
(ii) use information in which another person has rights without such person’s authorization.
Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate termination of your account.
You shall notify us of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your information.
You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your user ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
We reserve the right to gather and use information about your usage and agree to maintain your data privacy, in accordance with our Privacy Policy, which is incorporated herein.
We may contact you regarding your participation in user surveys, asking for feedback on our Website or our Apps and existing or prospective products and services. This information will be used to improve our Website and our Apps and better understand our users.
Fees and Payments
We reserve the right at any time to charge fees for access to portions of our Website and our Apps or our Website and our Apps as a whole. However, in no event will you be charged for access to our Website and our Apps unless we obtain your prior agreement to pay such charges.
If at any time we require a fee for portions of our Website or our Apps that are now free, we will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through our Website or our Apps. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of our Website or our Apps through your account.
You expressly agree that our Website or our Apps shall not for any reason whatsoever be liable to refund the full amount or any part of fees, charges and taxes paid by you.
Representations and Warranties
You represent, warrant and agree that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party or (ii) contain libelous or otherwise unlawful material. You hereby indemnify, defend and hold us harmless from and against any and all liability and costs incurred by us in connection with any claim arising out of any breach by you, or any user of your account, of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim.
Our Website or our Apps are available “as is.” We do not warrant that our Website or our Apps will be uninterrupted or error-free. We are not responsible for the availability, content or services of other third-party providers that may be linked to or posted within our Website or our Apps. While we intend to take reasonable steps to prevent the introduction of viruses, worms, or other destructive materials to our Website or our Apps, we do not guarantee that our Website or our Apps or materials that may be downloaded from our Website or our Apps do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on our Website or our Apps and any materials available through our Website or our Apps, you do so solely at your own risk.
Limitation and Liability
Under no circumstances shall we be liable for any direct, indirect, incidental, special or consequential damages of any kind that result from the use of or the inability to use all or any part of our Website or our Apps even if we are advised beforehand of the possibility of such damages. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any material, products, or services on our Website or our Apps, or with any of our terms and conditions, your sole and exclusive remedy is to discontinue using our Website or our Apps.
Software Licenses
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access our Website or our Apps. You may not sublicense, assign or transfer any licenses granted by us, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from such software.
Termination
We may terminate or cancel your access to our Website or our Apps at any time, with or without cause, with or without notice. In the event of such termination, any information you have stored on our Website or our Apps may not be retrieved later.
Changes to these Terms
These Terms are effective as of 01 January 2022 and any changes to them will be in effect immediately after being posted on our Website.
We reserve the right to update or change these Terms at any time, without further notice or liability, and you should check this page periodically for such updates. Your continued use of our Website or Apps after we post any modifications to these Terms on our Website will constitute your acknowledgment of the modifications and your consent to abide to and be bound by such modified Terms.
If we make any material changes to this Policy, we will may also notify you either through the email address you have provided, or by placing a prominent notice on our website.
Contact us
If you have any questions or feedback relating to these Terms, please contact our Legal Department via legal@akila3d.com.
Governing Law
These Terms shall be governed by the laws of Hong Kong. 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 at the Hong Kong International Arbitration Centre.
If any provision of these Terms are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.