Aktrea – Terms of Service 2020
1. Acceptance of Terms of Service
The System that you are currently accessing, which may include related games, simulations, platforms (such as Gameplan and Design Thinking Platform), calculations and interactions, apart from other content and knowledge, (herein referred to as “System”) is developed and published by Aktrea Capital Pte Ltd (“Aktrea”). All Intellectual Property (“IP”) Rights are exclusively owned by Aktrea and its licensors, other than where such IP is from publicly available sources.
You, the user of the System (herein referred as “You/you”), are advised to read these Terms of Service (“Terms of Service”) carefully and agree to them prior to accessing and using the System. Your use of the System, website and /or any other information provided by Aktrea herein and otherwise and any Systems that you use in connection with this are governed by these Terms of Service (“Terms of Service”).
BY ACCESSING OR USING THE SYSTEM OR SYSTEMS, YOU ACCEPT AND UNDERTAKE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS / OR USE THE SYSTEM.
These terms and conditions are applicable to you even when, you use our System under the Aktrea Pilot Program where “You” also refers to the authorized users registered with us for using our System. These “Terms and Conditions” will also be applicable to you when you use our System by way of our subscription plan.
Please note that the terms and conditions related to privacy and protection of your personal information are governed by the Privacy Policy provided in the Login Page (“Privacy Policy”). You hereby confirm that you have read and accepted our Privacy Policy.
2. Contact details of Aktrea
Aktrea Capital Pte Ltd
#02-01 One Fullerton
1, Fullerton Road
Singapore 049213
Contact: contact@aktrea.com
3. Usage of the System, and License Rights
Aktrea has the right to provide the System as it deems appropriate, including the right to amend the System. If access to the System requires changes in your operating environment, you shall make such changes at your own expense. Aktrea aims, on a best efforts basis, to notify you of any substantial changes that could materially affect the use of the System with a reasonable notice period.
Aktrea may suspend the System where necessary- for example, for installation, amendment or maintenance work; if laws, regulations or authorities so require; or if there are other justifiable reasons for suspension. Aktrea aims to ensure that the suspension is as short as possible. Aktrea has the right to terminate the System at its sole discretion. If any suspension or termination of the System occurs, Aktrea aims to reasonably notify you of such occurrences beforehand.
You agree to use the System in a manner that does not cause harm to Aktrea, other users or third parties. Aktrea reserves the right to terminate or restrict your access to the System without prior notice if you violate these Terms of Service or if you abuse the System or load the System to an unusual extent. Aktrea is entitled to prevent access to the System if it has reason to believe that you are engaged in illegal activities or compromise other users’ or Aktrea’s data security or privacy.
Aktrea may use subcontractors to fulfill its obligations pertaining to the System and/or these Terms of Service.
Subject to the terms and conditions of this agreement, Aktrea grants you a non-exclusive, non-sublicensable and non-transferable right to use the System. You are not granted any rights to rent, lease, reproduce, modify, adapt,
create derivate work, reverse engineer, or distribute, or sell the System to any third party unless approved by Aktrea. Also, your right to use the System exists only till the duration of your subscription plan, if using the System on a subscription basis.
Selling, distributing or sublicensing the System to your customers for earning profit will require the purchase of transfer or sublicensing rights from Aktrea.
4. Registration after completion of a Free Trial
You are required to provide Aktrea with an email id, and other necessary details such as your contact number, name of the organization or company in which you are currently working, and other required information to complete your registration for the Aktrea Pilot Program.
The information provided by you in this regard shall be accurate, complete and up to date.
5. Products, Payment and refund
By making the payment of the amount agreed between You and Aktrea, and then accessing the System, you obtain access to certain products (herein referred to as “Products”) of Aktrea which may include business training programs in the form of computer games and simulations for but not limited to educational, recreational, interactional, evaluation or contributory purposes.
You agree that You will pay Aktrea for the Subscription Plan chosen by you for using Aktrea Products which will be final and non-refundable. In case, You terminate your “Annual Subscription Plan with Monthly Billing Cycle” before the plan expires, in such case, You will be still liable to pay for the annual commitment.
6. Content
Aktrea has created the System and related products with one more of the following objectives:
- Education
- Interaction
- Engagement
- Recreation
- Networking
- Learning
- Discussion
- Evaluation
- Contribution
The content and the material in the System and Products (collectively referred to as “System Content”) herein can be derived from any of the following sources: Aktrea sources (referred to as “Aktrea proprietary content”), public sources (referred to as “Public content”), licensed from an owner of the System (“externally licensed content”) or your Company or Employer (referred to as “Customer proprietary content”).
Aktrea takes reasonable efforts to provide you with System and Product information that are as accurate as possible. Aktrea does not, however, warrant that the System or Product information or other content on the System is accurate, reliable, complete or error-free.
Any System content cannot be reproduced by you in any manner.
7. Your Data and Content
Subject to the terms and conditions of this agreement, Aktrea allows you to upload, submit or store your “Customer data or content” which may include videos, photos, images, audio, music, sounds, videos on our System. It can also include your personal data that is required at the time of registration such as your name, email address, contact number, country of residence and other similar sensitive data.
Aktrea claims no ownership over the “Customer Data or content” uploaded by you on our System, and you will remain the sole owner of the same. Aktrea will not use such customer data or content except as provided herein, without your written consent. In short, what belongs to you stays yours.
8. Security of Data
You are required to keep your user ID, password or license keys provided by Aktrea confidential and to not share such information with any unauthorized person. You are responsible for any and all actions taken using your accounts and passwords, and you agree to immediately notify Aktrea of any unauthorized use which you become aware of.
Aktrea shall take reasonable measures to keep the System safe from cyberattacks but at the same time cannot guarantee that our platform will be error free or will function without any technical glitches all the time or that uploading your data will always be secure or that unauthorized parties will never be able to defeat our security measures.
9. Ownership and Intellectual Property Rights
Aktrea (or its licensors) shall own all rights, title and interest in and to the System as well as any material in or provided through the System, including any copyright, patent, trademark, design right, trade secret and any other intellectual property rights (collectively referred herein as “Intellectual Property Rights”) other than the Customer Proprietary content, Public content or Externally Licensed content.
Where Customer proprietary content has been used, a separate agreement has been put in place between Aktrea and the owner of such content which allows the use of such content in the System or Products.
You acquire no ownership rights by using the System. You are granted no rights to remove Aktrea’s logo, watermarks and other similar related items from our System and replace them with yours.
10. Storage Limit
In case, your usage of the System is on a subscription basis, Aktrea sets pre-defined storage limits on your uploads of data/content while using our platform. These limits are determined by your chosen subscription plan. Your storage limit will depend upon the types and number of files uploaded by you. You may write to Aktrea about altering this limit.
11. Restrictions on Trial Logins
Restrictions on what you can use the System for with a trial login such as but not limited to the number of designers, users, and learning programs are specified in the email with details of your trial login.
12. Feedback
In connection with your use of the System, you may provide Aktrea with suggestions, ideas, reviews, comments, questions or other information and/or material regarding the System (“Feedback”). After providing Feedback to Aktrea, you continue to retain any Intellectual Property Rights to the feedback so provided. You grant Aktrea and its partners a worldwide, perpetual, irrevocable and royalty-free right and license to use, copy, amend, modify, translate, further develop and make derivative works of the Feedback. You also acknowledge that you give to Aktrea, without charge, the right to commercialize your Feedback in any way and for any purpose. Aktrea has no liability for any loss or damage suffered by you as a result of the disclosure or use of such feedback.
You agree not to provide Aktrea with Feedback that is subject to a third-party license that requires Aktrea to license their System or the material contained therein from third parties because Aktrea includes your Feedback in the System. Further, Aktrea does not solicit or wish to receive any Feedback from you that is deemed confidential or proprietary, unless specifically so requested by Aktrea. Any Feedback submitted by you to Aktrea will be deemed non-confidential or non-proprietary, unless Aktrea has specifically stated otherwise.
Notwithstanding anything to the contrary, the protection of your personal data is at all times subject to Aktrea’s Privacy Policy.
13. Our Warranty and Limitation of Liability
Under this Terms of Service, you shall be liable and agree to indemnify Aktrea and third parties for and against all damages, which are caused by your unlawful behavior or breach of these Terms of Service. For instance – you cannot use Systems to promulgate any issue which is discriminatory, defamatory, abusive or derogatory to any nation, community, government, individual, religion, enterprise, company, corporation, and the like. Promulgating any such issue through usage of Aktrea’s Systems is solely at your own discretion, and Aktrea shall not be liable for any damages arising out of it. In such cases, you will be held personally liable for all damages.
All information and the System and System content are provided on an “AS IS” and “AS AVAILABLE” basis and Aktrea makes no representation to the accuracy or completeness any such information provided herein or otherwise. Aktrea does not promise you that the System will be uninterrupted, timely secure or error-free.
You are recommended to not take any legal or business decisions based on such information and instead take the advice of appropriate legal or business experts before taking such decisions. Aktrea shall not be held liable for any loss incurred for any such decisions taken based on information provided by Aktrea
Aktrea shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other Systems outside the reasonable control of Aktrea.
Aktrea shall not be liable for direct or indirect damages caused by a possible delay, a change or loss of a service, product or material transferred through the System. Aktrea shall not be liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, Aktrea disclaims any liability for direct or indirect damages caused to you by harmful programs (viruses, worms or the like) or incorrect content in the System. Aktrea bears no liability for damages caused by you or by a third party.
The maximum liability of Aktrea for the loss of your Customer Data or Content uploaded on our System is limited to the amount paid by you for the Product or paid for your current subscription, as the case may be.
14. Possibility of taking offence to any System content
Aktrea makes no representation to the accuracy or completeness of any information herein or otherwise provided by us. This information is subject to change without notice.
This System and System content, including but not restricted to various situations, behaviors, illustrations and characters depicted, or choices made by you while accessing the System, or content displayed, is for educational purposes only and to an extent, intended to illustrate different situations and behaviors.
The main purpose of the System is to provide education and learning. Sometimes, situations, case studies, role-plays, illustrations, characters and material could depict scenarios in real-life for illustration and learning. These scenarios could be construed by some individuals as being discriminatory, insulting, demeaning or distressing. It is not Aktrea’s intention to cause such reactions, and Aktrea bears no responsibility for views expressed, sentiments and opinions that might affect you or other users of the System during, and after access to the System.
The System and System Content has been created in good faith and you will be wholly responsible for any repercussions of incidents during and related to the use of the System by you, your associates and your colleagues
System content is not intended to offend any person, race, religion, practice, faith or belief, community, nationality, gender, orientation, ethnicity or any other categorization that may or may not exist.
By accessing the System, you agree to indemnify Aktrea against any possible legal, civil or any other action on account of discrimination or intent to malign. Any offence caused, or any sentiments hurt is purely coincidental and any resemblance of any of the characters depicted in the System to any person living or dead is deeply regretted.
15. Disclaimer for impact of System content
The System content provided herein (videos, audio, simulations, texts etc.) represent proprietary information and products of Aktrea Capital Pte Ltd and its associates and affiliated companies (“Aktrea”) and may not be reproduced or disseminated in any form without our written consent unless required for judicial or administrative proceedings. The scenarios provided here may resemble possible real-life scenarios and are meant for educational or training purposes only. Such scenarios are based on our interpretation and should not be taken into consideration for forming or taking any action, legal opinion or legal decision. Aktrea takes no responsibility for any such action, legal opinion or decision and requests that you consult appropriate legal or trained personnel before making any such decisions. Any resemblance of the fictitious storyline and characters to real-life events and characters is purely coincidental. We make no representation to the accuracy or completeness of any information provided by us. Aktrea will bear no responsibility for any consequences, financial or otherwise, for any action taken by you based directly or indirectly on the information provided herein.
16. Disclaimer for Performance of the System
Aktrea has developed the System with a view to provide you the best user experience. But, at the same time, Aktrea cannot make a commitment to you that the System will work as required all time without any disruption. Aktrea cannot predict when issues may rise with its System. These issues may arise due to cyberattack by any third party or any issue with the network or any technical issue with your electronic device. Aktrea will not be liable for such kind of unforeseen technical glitches.
17. Links to Third party sites
The System may contain links to sites, which are owned or operated by third parties (“Third Party Sites”). Aktrea shall not be responsible for any content or products or services offered by third parties. Further, the content on Third Party Sites may be subjected to separate terms of service and/or privacy policies, the contents of which Aktrea recommends you review.
18. Force Majeure
A force majeure event shall discharge Aktrea from its obligations with respect to the System when the said event prevents or unreasonably impedes the performance pertaining to the System. Examples of force majeure include but are limited to fire, earthquake, flood, explosion, strike or other stoppage of work, orders of public authorities, disruption of energy supplies, shortage of raw materials or equipment, disruption of cable or other data communications caused by or arising from outside factors, or other comparable causes that were not foreseen and that could not reasonably have been prepared for in advance.
Aktrea shall seek to announce force majeure through the System immediately whenever such announcement is possible.
19. Amendments, Termination of use, and Suspension of your subscription
Aktrea has the right to amend these Terms of Service at its own discretion. Aktrea delivers the amended Terms of Service to you or your Employer/Company via the System or some other suitable means at its discretion. While an attempt will be made to separately notify you of any change to the Terms of Service, you are requested to check for any changes to the Terms of Service when you use the System. Your continued use of the System after such amendments have been made shall be deemed as your acceptance of the amended Terms of Service.
In case, you are of the opinion that the amended terms and conditions are not just and appropriate, and if you and Aktrea do not agree otherwise in writing, your right to use the System shall terminate on the date the amended Terms of Service enter into force.
In case, you are of the opinion that the amended terms and conditions are not just and appropriate, and if you and Aktrea do not agree otherwise in writing, your right to use the System shall terminate on the date the amended Terms of Service enter into force.
Aktrea may also at its discretion notify you of amendments and make the amended Terms of Service available without prior notice upon the next time you access the System and make it conditional for continued use of the System by you to specifically accept the amended Terms of Service (for example by clicking “Accept”). If you
choose not to accept the amended Terms of Service made available to you in accordance with this paragraph, your right to use the System shall terminate immediately.
If, at any time, any provision hereof becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall in no way be affected or impaired thereby. The invalid provision shall be replaced by a valid one which achieves the original purpose and commercial goal of the valid provision to the extent possible.
If you are using the System on a subscription basis, in such cases, Aktrea reserves the right to suspend your subscription any time you violate the terms and conditions of this agreement. Aktrea may or not provide prior notice before suspending your subscription, as the case may be (such as for banned content).
In case, you breach the terms and conditions of this agreement repeatedly, your subscription shall be suspended without providing any prior notice.
Aktrea also reserves the right to suspend your subscription, if any content uploaded by you is found to be defamatory, abusive or coercive or otherwise infringes others’ legal rights.
20. Support and maintenance for active paid subscriptions
Aktrea will provide the support and maintenance services to you for resolving any technical issue while using our platform during the period for which you have paid the subscription fee. The pattern of this support and maintenance may be modified by Aktrea from time to time to reflect process improvements or changing practices.
Nothing in this System, including presentation, material, course or discussion is intended to be investment, behavioral or any other form of advice.
21. Retention Period
Aktrea may not delete Customer Data or Content immediately after the end of your subscription when you use the System on a subscription basis. Aktrea reserves the right to retain the same for up to 30 days after the expiration of your subscription plan. This allows customers a time window to address any potential administrative issues. Should you desire that your content be deleted sooner, you may do so by writing to Aktrea.
22. Applicable laws and settlement of disputes
These Terms of Service and the contractual relation related thereto shall be governed by the laws of the Republic of Singapore. Any dispute arising out of these Terms of Service or the contractual relation related thereto will be attempted to be settled amicably. If no agreement is attained, the dispute shall be settled in the Courts of Singapore.