These Terms of Use were last updated on 25th of May, 2018.
Welcome to the Studycat (hereafter “Studycat”, “Pumkin”, “Us” or “We”) Terms of Use agreement. These terms, along with our Privacy Policy (see the “Privacy Policy” button) describe the relationship between you and Studycat Limited, a company registered for business at Room 902 Wilson House, 19-27 Wyndham Street, Central, Hong Kong.
By using our Language Learning Apps (“Application”), you agree to be bound by these Terms of Use (“Terms”). If you don’t agree with them or don’t understand them, please don’t use our Language Learning Apps and uninstall it or them from your device.
We often work with partners (“Partners”) to give you the best experience we possibly can. These Terms concern your relationship with Studycat. They don’t apply between you and our Partners unless clearly stated in these Terms. Our Partners and their affiliates also benefit from our rights under these Terms and may enforce them against you.
1. GRANT AND SCOPE OF THE LICENSE
1.1 As long as you agree with these Terms and you continue to abide by them, Studycat grants you a non-exclusive, non-transferable, revocable limited license to access and use the Application solely for your own non-commercial entertainment purposes. You may also receive any free supplementary software code or update of the Application which may be released by Us. You agree not to use the Application for any other purpose. We remain the sole owners of the Application.
1.2 Your use of the Application is also governed to the extent applicable by, (i) our Partners’ applicable terms and conditions, (ii) the terms and conditions of the applicable platform, and (iii) the terms and conditions of the applicable carrier.
2. RULES OF CONDUCT
2.1 Please don’t:
2.1.1 Use the Application to do anything illegal.
2.1.2 Use the Application to harm or attempt to harm minors in any way.
2.1.3 Use the Application to send unauthorised advertising
2.1.4 Use the Application to send viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs.
2.1.5 Pretend to be Studycat or pretend that we endorse you in any way.
2.1.6 Record or analyse info of other Studycat customers.
2.1.7 Use software programs or methods that automatically analyse our programs.
2.1.8 Try to get unauthorised access to the Application
3. STANDARDS OF CONTENT
3.1 These standards apply to any material you contribute or submit to the Application or any interactive services associated with it. You agree to comply with the spirit as well as the letter.
3.2 Contributions must:
3.2.1 Be accurate (facts)
3.2.2 Be genuinely held (opinions)
3.2.3 Comply with applicable law in Hong Kong and in any country in which they’re posted
3.3 Contributions must not:
3.3.1 Be defamatory.
3.3.2 Promote sexually explicit material.
3.3.3 Be hateful, obscene or offensive.
3.3.4 Promote violence.
3.3.5 Promote discrimination based on race, sex, nationality, religion, disability, sexual orientation or age.
3.3.6 Infringe any copyright or Trademark.
3.3.7 Be made in breach of any legal duty owed to a third party.
3.3.8 Promote illegal activity.
3.3.9 Threaten or intimidate anybody.
3.3.10 Impersonate or misrepresent anyone.
4. CHANGES TO THE APPLICATION
4.1 You acknowledge that:
4.1.1 We may change the content of the Application at any time. To help you determine whether you are reading an updated version of the Terms, we have included the date of the most recent changes at the top of the page.
4.1.2 We may suspend access to the Application or close it indefinitely at any time.
4.1.3 You might have to update the Application in order to continue using it properly.
4.1.4 Some of these Terms may be superseded by notices elsewhere in the Application.
4.1.5 By continuing to use the Application, you are agreeing to be bound by any changes we make.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge that all content in the Application and the Documentation belongs to Us, anywhere in the world. You agree that you are only using the Application under non-transferable, revocable license from Studycat.
5.2 You acknowledge you have no right to access the Application’s source code.
6. VIOLATION OF TERMS
6.1 If you violate or try to “get around” these Terms, we reserve the right to take any action open to us against you.
6.2 We may have to collect, use, store and disclose information about you (as defined under our Privacy Policy) to protect our rights. You agree to such disclosure. We may do so if we believe in good faith that a) we have to under the laws of England, b) we have to in order to prevent illegal activity or to comply with courts, governments and law enforcement authorities or c) we have to in order to prevent physical harm to any person.
6.3 You agree to pay all of our lawyers’ fees if we do have to take action against you for violating or trying to get around these Terms.
7. LINKS TO OTHER SITES AND APPLICATIONS
7.1 We may provide links to external sites and applications. We aren’t liable for the integrity, content or quality of any external sites or applications we link to.
8. WARRANTY
8.1 You use the Application at your sole risk. It is provided “as is” and “as available”
8.2 The Application may have bugs and errors. You agree that such bugs and errors don’t breach these Terms.
8.3 We don’t make any promises that i) this Application will meet your requirements ii) this Application will be uninterrupted, timely, secure or error-free or iii) any errors will be fixed.
8.4 Anything that you download through this Application is done so at your own risk. You’re responsible for any damage to your mobile device or loss of data that results in such downloads.
8.5 Anything we tell you outside of these Terms doesn’t constitute any sort of warranty.
9. LIMITATION OF LIABILITY
9.1 As much as we’d like to, we haven’t made the Application just for you, so it’s your responsibility to make sure it meets your requirements.
9.2 The Application is only for domestic and private use. Please don’t use it for commercial, business or re-sale purposes. We have no liability for anything bad that happens if you do, such as loss of profit, loss of business, business interruption or loss of business opportunity.
9.3 Maximum aggregate liability is limited to the amount you paid us for the Application or any associated services in the 6 months preceding the event giving rise to the claim.
9.4 Nothing here stops us being liable for:
9.4.1 Death or personal injury resulting from our negligence.
9.4.2 Fraud or fraudulent misrepresentation.
9.4.3 Any other liability that can’t be excluded or limited by Hong Kong law.
10. TERMINATION
10.1 We can terminate the license immediately by written notice if you materially or repeatedly breach these Terms.
10.2 If we terminate the license, all the rights granted to you under this license are revoked and you must delete the Application.
11. EVENTS OUTSIDE OUR CONTROL
11.1 If there’s an event outside of our control that makes it hard or impossible to fulfil our obligations under this agreement, our obligation under these Terms will be suspended for the duration of the event. We’ll try our best to perform our obligations during this time, though.
12. SOME OTHER THINGS
12.1 We may transfer our rights under these Terms to someone else, but it won’t affect your rights.
12.2 You can only transfer your rights to someone else if We explicitly agree in writing.
12.3 You can only bypass any of these Terms if We explicitly tell you that you may do so in writing, and not for any other reason.
12.4 If any part of these Terms is considered to be unlawful, the remaining terms will remain in full force and effect.
12.5 It may be that the jurisdiction that you’re in limits some of the limitations of liability in these Terms of Use. If that’s the case, it’s up to you to ready up on the relevant laws and to verify which limitations of liability apply and which don’t.
12.6 In exchange for using this Application, you agree to defend and indemnify Us and the people that work for Us if a third party pursues action against Us because of your use of the Application, your violation of these Terms or your violation of someone else’s rights. This applies even after you stop using the Application.
12.7 These Terms are governed by Hong Kong law. You and We both agree that the courts of Hong Kong will have non-exclusive jurisdiction.