User Terms of Service
Last Updated: Nov 2024
Effective Date: Nov 08, 2024
Welcome to H-work (“H-work”, “we”, "our" or “us”), an online multi-tool business management, efficiency, and communications platform.
These User Terms of Service (these “Terms”) form an agreement between you and us and set forth the terms and conditions by which you may access and use H-work, including as a downloadable program or app available via our website (“H-work Site”), or via an app store on your device (e.g., Apple App Store for iOS or Google Play for Android). H-work and its related websites, services, products, sub-applications within H-work, standalone applications associated with H-work (e.g. H-work Messages and H-work Meetings), software program and content are collectively referred to herein as the service (“Services”). “You” refers to the individual who is using or accessing the Services including the Authorized User defined in Section 3.
These Terms form a legally binding agreement between you and us. Please take the time to read them carefully.
By accessing or using our Services, you confirm that you can form a binding contract with H-work, that you accept these Terms and that you agree to comply with them. You also agree to comply with our Acceptable Use Policy (as amended from time to time), which is hereby incorporated into these Terms. Both these Terms and Acceptable Use Policy apply to your use of the Services. Your access to and use of our Services may also be subject to additional terms which are made available to you from time to time (e.g. H-work Image Use Terms will apply if you use the Images (as defined the foregoing term) feature). The terms and conditions of any additional agreement can be found directly on the Services, on our website, or by request, and are incorporated herein by reference.
If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined in the relevant “Supplemental Terms – App-Store or Jurisdiction-Specific” section below, and in the event of a conflict between the provisions of the Supplemental Terms – App-Store or Jurisdiction-Specific that are relevant to your jurisdiction from which you access or use the Services, and the rest of these Terms, the relevant jurisdictions’ Supplemental Terms – App-Store or Jurisdiction-Specific will supersede and control with respect to your use of the Services from that jurisdiction. Access to the Services from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited. If you do not agree to these Terms, you must not access or use our Services.
You accept these Terms by accessing or using our Services. You understand and agree that we will treat your access to or use of the Services as acceptance of these Terms from that point onwards. These Terms are effective from the date you first access or use the Services unless earlier terminated in accordance with these Terms. By continuing to use the Services, you are deemed to have provided your organization's authorized consent to the Acceptable Use Policy. If your organization does not agree to the Acceptable Use Policy, please stop using the Services immediately.
Our Privacy Policy describes our practices over personal data, including the types of personal data we receive and collect from you and how we use and share this data.
You may access or use the Services as a user being authorized or invited to use certain Workplace on the Services or parts of the Services by your employer or other third party that is referred to as the “Customer” who has separately agreed to the Acceptable Use Policy and/or entered into a subscription agreement with us.
For the type of user, you will be deemed as an “Authorized User” of associated Customer. The Customer will be allocated their own dedicated Workplaces on the Services in connection with Customer’s subscription to the Services (each, a “Workplace”). Customer may invite you to use their Workplace or certain aspects of the Services by sending you (or directing us to send you) a verification code, invite-link or other means of authorizing you to create an account on the Customer’s Workplace or access parts of the Services. You agree not to share or distribute the verification code, invite-link or other authorization method you receive with or to any other persons other than administrative personnel of the Customer that invited you to use the applicable Workplace.
Further, with respect to the Authorized User, when you submit content or information to a Customer’s Workplace or otherwise through your use of the Services, including messages, chats, documents, calendar events, information, communications, livestreams, videos, scripts, chatbots, apps or User Content (as defined in Section 8) and any other content ( “Customer Data”), the ownership of such Customer or Personal Data will be as set forth in an agreement between you and the applicable Customer that manages such Workplace. In the absence of any such agreement, you acknowledge and agree that Customer owns all rights to and control any such Customer Data that is submitted, posted, stored or otherwise made available on its Workplace. You agree that we may provide Customer with many tools and controls over your use of their Workplaces and the Customer Data submitted, posted, stored or otherwise made available on to such Workplaces. For example, Customer has complete access to and control over their Data, may enable or disable your access to their Workplaces, review, edit and remove the Customer Data, grant access to the Customer Data to third parties, enable or disable third party integrations, manage your permissions, retention and export settings when on Customer’s Workplace, and many other choices.
If you are using the Workplace of a Customer who employs or engages you as a contractor, you acknowledge that such Workplace as used by you under such circumstances is a Workplace tool intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply in connection with such use of the Services.
For the Services requiring an account to access, you must be a user being authorized. When you have an account, you must have provided accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us in order to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us.
You agree that you are solely responsible (to us and others) for all activities that occur under your account.
If you no longer want to use our Services, and would like your account deleted, we can take care of this for you. Please contact us via our website, and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
As between you and H-work, content on the Services (except User Content), including the text, software, logos, patents, trademarks, service marks, copyrights, and “look and feel” of the Services, and all intellectual property rights related thereto (“H-work Content”), is either owned or licensed by H-work.
Subject to the terms and conditions of these Terms, we grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services and to access the H-work Content solely through your use of the Services. We reserve all rights not expressly granted herein in the Services and the H-work Content. You acknowledge and agree that we may terminate this license at any time for any reason or for no reason.
You may access H-work Content for your use solely as permitted under these Terms. Use of H-work Content or materials from the Services for any purpose not expressly permitted by these Terms is strictly prohibited. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any H-work Content for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge that we have no obligation to pre-screen, monitor, moderate, review, or edit any User Content (as defined in Section 8 below). You further understand and acknowledge that, as the Services allow users to post their own User Content for viewing by other users, you may be exposed to content through the use of the Services that is offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal, equitable or other rights or remedies you have or may have against H-work with respect thereto.
You acknowledge that our automated systems may analyze content that you share with us including emails that you may choose to share through your use of Third Party Integrations to detect spam and malware including when content is sent, received and saved.
We reserve the right, at any time and without prior notice, to remove, take down or suspend or disable access to content at our discretion for any reason. Some of the reasons we may remove or disable access to content may include finding the content to be objectionable, in violation of these Terms, or otherwise harmful to the Services or our users.
You shall comply with these Terms, including our Acceptable Use Policy and applicable laws in connection with your use of the Services. We reserve the right to take actions, including but not limited to immediate suspension or termination of your account and/or your access to all or part of the Services, removing or restricting access to certain feature or content, contacting law enforcement, at any time with or without prior notice, if in our reasonable opinion you fail to comply with any of the provisions of these Terms, including the provisions of our Acceptable Use Policy, or violate any applicable law.
The Services include the ability to use certain third party developed applications and software that complement Customer’s use of the Services (each, a “Third Party Product”). Third Party Products are listed in the H-work App Directory or are otherwise labelled as provided by third parties and Users may select the Third Party Products that are made available to its Authorized Users, at its discretion.
If such Third Party Product access to your content is granted by you as an Authorized User, you confirm that you have obtained the relevant authorization from the associated Customer to do so.
You must comply with all the terms set forth by such Third Party Product. We do not control the use of such Third Party Products and any use of such Third Party Products is solely at your discretion and between you and the applicable third party provider. We do not warrant the performance, availability, safety or reliability of any such Third Party Product and are not responsible for the applicable third party provider’s performance or failure to perform in any respect. Your access and use of the Third Party Products is solely at your own risk and is subject to the terms and conditions of use and privacy policy(ies) applicable to such Third Party Products.
If you elect to provide any feedback or comments to H-work related to the Services (“Feedback”), all such Feedback shall be the sole and exclusive property of H-work, and you hereby assign any right, title or interest you may have in such Feedback to H-work. H-work shall have the right to use and disclose such Feedback in any manner and for any purpose in H-work’s discretion without remuneration, compensation or attribution to you, provided that H-work is under no obligation to review, consider, or implement such Feedback.
Notwithstanding anything herein to the contrary, H-work may use and publish your testimonials and Feedback regarding the Services in publications, presentations and marketing assets used by H-work.
Without prejudice to Section 3, users may be permitted to upload, post, submit, create or send digital information or materials (“User Content”) to or through the Services. Users may also overlay or add graphics, stickers, emojis and other elements provided by H-work (“H-work Elements”) onto User Content and transmit User Content through the Services. The information and materials in the User Content, including User Content that incorporates H-work Elements, have not been verified or approved by us. H-work does not endorse any User Content submitted to or sent through the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein.
Whenever you make use of a feature that allows you to upload or transmit User Content through the Services or allows you to make contact with other users of the Services, you must comply with the standards set out in Section 5 “Your Access to and Use of Our Services” above. You acknowledge and agree that any such User Content that you upload, transmit or otherwise make available through the Services does comply with those standards.
Note that other users may continue to use and allow other persons to use your User Content independently, even after such User Content has been deleted from the Services, for example, if the user has created copies of your User Content and stored such User Content on the user's own account.
You shall be solely responsible for your own User Content and the consequences of posting, submitting or sending your User Content on or to the Services. You further agree that you will not submit to the Services any User Content or other material that is contrary to applicable local, national, and international laws and regulations, these Terms or the Acceptable Use Policy.
Note also that while we may allow you to store certain User Content on the Services, such as documents, chat histories, images, calendar events, and other types of content, we make no guarantee of the availability of such User Content. We have the right to remove any User Content (including messages or documents you upload to the Workplace) without prior notice if, in our opinion, your User Content does not comply with these Terms including the content standards set out in Section 5 “Your Access to and Use of Our Services” above or violates any applicable law.
If you wish to complain about information and materials uploaded by other users please contact us at qih@haiersingapore.com. H-work takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. H-work may, in appropriate circumstances and at our discretion, suspend, disable or terminate the accounts of or the access to the Services by users who infringe copyrights or intellectual property rights of others.
The use of the Services shall be subject to H-work’s Privacy Policy, which can be referred at the bottom of H-work’s official website. By accessing the Services, you acknowledge and agree that you are above the legal age in your jurisdiction and have read, understood and accepted the terms of H-work’s Privacy Policy. If you do not accept H-work’s Privacy Policy, you should not use the Services. If you are under the legal age in your jurisdiction, you must have your parent or legal guardian’s consent to use the Services and to accept H-work’s Privacy Policy.
In addition, H-work’s Privacy Policy may be updated from time to time to reflect changes to applicable laws, regulations, standards, industry codes or other instruments of a similar nature, or to reflect changes, updates or new features to the Services. By continuing to access or use the Services after any updates to H-work’s Privacy Policy, you shall be deemed to have read, understood and accepted such updates.
We will use commercially reasonable efforts to maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your personal data. Notwithstanding the foregoing, we cannot guarantee any transmissions made on or through the Internet by you will be secure or confidential. You acknowledge and agree that any content or information you submit or transmit to us via the Internet (including but not limited to e-mails) are not protected by encryption, and may be vulnerable to interception during transmission.
You further acknowledge that if you elect to use the Services’ public features, any data provided therein may become publicly accessible.
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe any intellectual property rights, for example uploading or sharing copyrighted material of a third party without their consent. We reserve the right, with or without notice, at any time and in our sole discretion to block access to the Services by and/or suspend or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless H-work, our parent company, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representations and warranties under these Terms.
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED “AS IS” AND WE AND H-WORK’S LICENSORS MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM.
IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
• YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
• YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; AND
• DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
TO THE EXTENT PERMITTED BY LAW, NO CONDITIONS, GUARANTEES, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY OR FITNESS FOR PURPOSE) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW RESTRICT OR TERMINATE THE AVAILABILITY OF ALL OR ANY PART OF OUR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
FOR THE AUTHORIZED USER, AS BETWEEN US AND CUSTOMER, YOU AGREE THAT IT IS CUSTOMER’S RESPONSIBILITY TO (A) INFORM YOU AND ANY OTHER AUTHORIZED USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT YOUR USE OF THE CUSTOMER’S WORKPLACE AND THE PROCESSING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORIZED USERS OR RELEVANT INDIVIDUAL USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND YOUR USE OF THE CUSTOMER’S WORKPLACE; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER DATA UNDER THESE TERMS IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORIZED USER OR RELEVANT INDIVIDUAL USERS RELATING TO OR BASED ON CUSTOMER DATA, YOUR USE OF THE WORKPLACES OR ANY OTHER SERVICE OR CUSTOMER’S FAILURE TO FULFILL THESE OBLIGATIONS.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, WE AND H-WORK’S LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
• (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL OR BUSINESS REPUTATION; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU.
• ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
◦ ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
• ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
• 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 SERVICES;
• YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
• YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
H-WORK’S TOTAL LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU UP TO ONE HUNDRED (100) DOLLARS IN THE AGGREGATE; PROVIDED THAT, REGARDLESS OF ANY STATUTE OR LAW, NO CLAIM OR CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS MAY BE BROUGHT BY YOU MORE THAN TWELVE (12) MONTHS AFTER THE FACTS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION HAVE OCCURRED, REGARDLESS OF WHETHER THOSE FACTS BY THAT TIME ARE KNOWN TO, OR REASONABLY OUGHT TO HAVE BEEN DISCOVERED BY YOU.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Using the Services (e.g., on mobile applications) may use some of your data allowance available on the data plan to which you have subscribed with your mobile network operator or other network service provider.
International usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for any possible charges levied by your mobile network operator or other network service provider.
We may amend these Terms from time to time, including, for instance when we update the functionality of our Services or when there are regulatory changes. We will use commercially reasonable efforts to provide reasonable notice to all users of any material changes to these Terms, such as by e-mail and/or placing a notice on our Services. However, you should look at these Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflects the effective date of such Terms. Your continued access to or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using all Workplaces and any other Services.
These Terms, including the Acceptable Use Policy, and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing law of these Terms, without regard to conflicts of laws rules or the United Nations Convention on Contracts for the International Sale of Goods. The arbitration set forth in these Terms will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms, including the Acceptable Use Policy, or its formation, interpretation or enforcement. All references to “H-work”, “we” "our" or “us” under these Terms, what law and arbitration will apply in any dispute or lawsuit arising out of or in connection with these Terms, depend on your role as individual user or Authorized User.
For the individual user, it depends on where you are domiciled. For the Authorized User, it depends on where Customer is located or domiciled.
Domicile | H-work Contracting Entity | Governing Law | Arbitration |
Outside China Mainland | Haier Singapore Investment Holding Pte. Ltd | Singapore Law | see below B.1 |
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 (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which SIAC Rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
These Terms, together with any terms or document referenced or incorporated herein (including H-work’s Privacy Policy), constitute the whole legal agreement between you and H-work and govern your use of the Services and completely replace any prior agreements between you and H-work in relation to the Services.
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right in these Terms.
We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.
If any court of law or an arbitral tribunal, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms, and the remaining provisions of these Terms will continue to be valid and enforceable.
You may not assign any of your rights or delegate your obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of us. We may assign these Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
A person or entity who is not a party to these Terms shall have no right under the Singapore Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any term of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Section 15(H) shall affect the rights of any permitted assignee or transferee of these Terms.
These Terms are prepared in English and may be translated into multiple languages other than English. If there is any inconsistency between the English language text and any translation, to the maximum extent permitted under applicable law the English language text shall prevail, unless otherwise expressly stated in the applicable translation.
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Services through specific devices and their applicable app stores:
By downloading an application/software associated with the Services from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
• These Terms are between H-work and you; Apple is not a party to these Terms.
• The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the application on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the “Usage Rules” set forth in Apple’s App Store Terms of Services.
• Apple is not responsible for the application or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the application.
• In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application.
• Apple is not responsible for addressing any claims by you or a third party relating to the application or your possession or use of the application, including without limitation (a) product liability claims; (b) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
• In the event of any third party claim that the application or your possession and use of the application infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
• You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
• H-work expressly authorizes use of the application by multiple users through the Family Sharing or any similar functionality provided by Apple.
By downloading an application/software associated with the Services from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
• to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the application that you download from Google Play, and
• you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by H-work or you (or any other user) under these Terms or the Google Play Terms.
If you are using our Services in Indonesia, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
Accepting the Terms. By participating in the Services, you represent that you are at least 21 years of age or married or not under guardianship. If you are below 21 years old and you are not married, your account must be opened under the name of your parent(s) or guardian(s). Further, you represent and warrant that you have obtained consent from your parent(s) or legal guardian(s) unless you indicate otherwise. By consenting, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) all your actions in connection with your access to the Services; (ii) any fees or charges associated with your use of any of the Services (as applicable); (iii) your compliance with these Terms; and (iv) ensuring that any of your participation in Services will not, in any event, result in any violation of applicable laws and regulations relating to child protections. If you do not have consent from your parent(s) or legal guardian(s) and your parent(s) or guardian(s) is not willing to open the account under their name, you must cease accessing the Services.
Limitation of Liabilities. No limitation of liabilities set out in Section 13 (Limitation of Liability) above shall not be applicable to the extent any loss or damage is incurred by you as a result of our willful misconduct or negligence.
Language. These Terms has been prepared in the English language and Indonesian language. In the event of any inconsistency or different interpretation between the English text and Indonesian text, the English text shall prevail and the relevant Indonesian text shall be deemed to be automatically amended to conform with and to make the relevant Indonesian text consistent with the relevant English text. Each party acknowledges that it has read these Terms and understands its content and that these Terms have been entered into freely and without duress. You acknowledge that you fully understand the language and the content of these Terms, and you agree that you will not use the provisions under Law of the Republic of Indonesia No. 24 of 2009 on Flag, Language, State Emblem and National Anthem or any of its implementing regulations to invalidate these Terms.
If you are using our Services in India, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail. These English Terms shall take precedence and prevail over the terms in other languages in the event of an inconsistency.
• Your access to and use of our Services. You may not use the Services to upload, transmit, distribute, store or otherwise make available in any way (including for the purposes of creating and/or streaming content) any User Content that:
◦ is obscene, pornographic, paedophilic;
◦ is relating to or encouraging money laundering or gambling, or otherwise any activity that is unlawful in
any manner whatsoever;
◦ harms minors in any way;
◦ deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
◦ threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
• Indemnity. In the event you are required to indemnify us pursuant to these Terms or any order or ruling of a court of law, you will obtain all necessary approvals and consents from regulatory authorities for the remittance of such amount to us.
• Grievance Officer for India. A compliant or other issue faced by a user of our product may be submitted through email at the below address. The complaint should provide: (i) username of the relevant account holder (ii) specific content/video that is of concern and (iii) reason(s) for such a takedown request.
◦ In accordance with Information Technology Act 2000 and rules made there under, the contact detail of the Grievance Officer is provided below:
◦ Mr Han Qi
◦ Email: qih@haiersingapore.com