Terms of Use

Terms of Use

Last updated 21 June 2019

1. Agreement to Terms

1.1. These Terms of Use (“Terms of Use”) constitute a legally binding agreement made between you and Kontinentalist Pte Ltd (“us”,”we”,”our”), concerning your access to and use of our website at https://kontinentalist.com as well as any related applications (“Sites”).

1.2. We are Kontinentalist Pte Ltd, a company in registered in Singapore. Our Unique Identity Number is 20176000E and our registered office is at 279 River Valley Road #05-01 Singapore 238320. We provide quality content to readers, as well as a suite of editorial and data visualisation services to interested corporations or groups (“Services”).

1.3. You agree that by accessing the Sites and/or Services, you have read, understood, and agree to be bound by all of these Terms of Use. These terms of use govern your use and access to our Services, Sites, our application(s), our notifications and any information or content appearing therein.

1.4. By using our Sites and/or Services, you agree to these terms regardless of whether you are paying user or a non-paying visitor. If you are using our Sites as a representative of an entity, you are agreeing to these terms on behalf of that entity.

1.5. If you do not agree with these Terms of Use, then you are prohibited from using the Site and Services and you must discontinue immediately.

1.6. You should also read our Privacy Policy (https://kontinentalist.com/privacy-policy) which sets out how we collect and use your personal information. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.

1.7. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.

1.8. When we use the words “writing” or “written” in these terms, this includes emails.

1.9. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.10. The Sites are intended for users who are at least 16 years old. If you are under the age of 16, you are not permitted to register for the Sites or use the Services without parental permission.

2. Changes to the terms of use

2.1. We may amend these Terms of Use from time to time by posting the updated terms on our Sites. If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Sites and our Services after the changes come into effect means that you agree to be bound by the revised policy.

2.2. The updated version of these Terms of Use will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms of Use to stay informed of updates. Your continued use of the Sites represents that you have accepted such changes.

3. Modifications to and availability of our Sites and Services

3.1. We reserve the right to change, modify, or remove the contents of the Sites at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

3.2. We are constantly changing and improving our Sites and the Services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. If we discontinue certain products, services, functionalities or features, we will give you advance notice where reasonably possible.

3.3. We may release products, services, functionalities or features that we are still testing and evaluating. We will label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer.

3.4. We reserve the right to limit your use of our Sites and the Services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Sites or any services we provide.

3.5. We try our best to ensure that our Sites is always available, but we do not guarantee that the operation of or access to our Sites will be uninterrupted or continuous. Our Sites may be interrupted for maintenance, repairs, upgrades, or due to network or equipment failures.

3.6. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

3.7. You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Sites. We do not guarantee that our Sites will be free from bugs or viruses.

3.8. There may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may related to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

4. Acceptable Use

4.1. You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Sites.

4.2. We give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable licence to access and use our Sites, including any software or application as part of the services we offer. This licence is for the sole purpose of enabling you to use and enjoy the benefit of our Sites as provided by us and in the manner as permitted by these terms.

4.3. This licence to use our Sites will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.

4.4. You must not copy, modify, distribute, sell, lease, loan or trade any access to the Sites or any data or information on it.

4.5. The Sites may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

4.6. The following clauses described our Acceptable Use Policy (“Acceptable Use Policy”). As part of the Terms of Use, you agree not to misuse the Sites or help anyone else to do so. As a user of our Sites, you agree not to:

i. use our Sites for unlawful or unauthorised purposes;
ii. re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Sites;
iii. probe, scan, or test the vulnerability of any system or network;
iv. breach or otherwise circumvent any security or authentication measures or service use limits;
v. access, tamper with, or use non-public areas or parts of the Sites;
vi. interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Sites, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Sites;
vii. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Sites or any related technology that is not open source;
viii. access, search, or create accounts for the Sites by any means (automated or otherwise) other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk) or attempt to do so;
ix. send unsolicited communications, promotions or advertisements, or spam;
x. forge any TCP/IP packet header or any part of the header information in any email;
xi. send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
xii. conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
xiii. abuse referrals or promotions;
xiv. post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
xv. violate the letter or spirit of our Terms of Use;
xvi. violate applicable laws or regulations in any way; or
xvii. violate the privacy or infringe the rights of others.

5. Our Content and Rights

5.1. Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (“Our Content”) are owned or licensed to us, and are protected by copyright and trade mark laws.

5.2. Our name “Kontinentalist” and our marks and logos are our trade marks (be it registered or unregistered) and may not be used without our express prior written consent.

5.3. All intellectual property rights subsisting in the Sites or the products or services we provide belong to us or have been lawfully licensed to us.

5.4. Except as expressly provided in these Terms of Use, no part of the Sites, Services, or Our Content, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5.5. Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and Our Content and to download or print a copy of any portion of the Content to which you have property gained access solely for your personal, non-commercial use.

5.6. You shall not:

i. try to gain unauthorised access to the Sites or any networks, servers or computer systems connected to the Sites; and/or

ii. make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Sites or Our Content, including the modification of the paper or digital copies you may have downloaded.

5.7. We shall:

i. try to prepare the Sites and Our Content with reasonable skill and care; and

ii. use industry standard virus detection software to try and block the uploading of content to the Sites that contains viruses.

5.8. The content on the Sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Sites.

5.9. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Sites is accurate, complete, or up to date.

5.10. We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Sites. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Sites.

6. Third-party

6.1. The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.

6.2. We integrate with third-party software to provide a full suite of functionalities to our users. We are not responsible for any issues or loss arising from the use of any third-party software. Your access and use of the third-party software is governed by the terms of service or user agreements of that software.

7. Feedback

7.1. We value and welcome feedback on our Sites. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Sites or any products or Services we offer, without any payment to you.

7.2. You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.

8. Limitation on liabilities

8.1. Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.

8.2. To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the Sites as follows:

i. we provide the Sites and any products or Services we offer on an “as is” and “as available” basis, and your access to or use of our Sites is at your own risk;
ii. we give no assurance, representation or warranty of any kind (whether express or implied) about the Sites and any products or services we provide;
iii. we do not guarantee that the information or content you find on the Sites is always accurate, truthful, complete and up-to-date;
iv. we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
v. we are not responsible for any delay or disruption in our Sites or any defect, viruses, bugs or errors; and
vi. we are not responsible for the conduct of or any content or information submitted or posted by any user of the Sites (whether online or offline).

8.3. To the fullest extent permitted by law, Our Entities are not liable to you or others for:

i. any indirect, incidental, special, exemplary, consequential or punitive damages; or
ii. any loss of data, business, opportunities, reputation, profits or revenues,
iiii. relating to the use of our Sites or any products or services we offer.

8.4. We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Sites or providing the products or Services we offer.

8.5. If you are using the Sites as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.

8.6. Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Sites or for any products or Services we offer over the last twelve (12) months

9. Your representation

9.1. Our Sites is not intended for and may not be used by minors. Minors are individuals who are under the age of 16. By using our Sites, you represent that you are an adult and that you are able to legally enter into contractual agreements.

9.2. If you are using the Sites on behalf of an entity, by using the Sites you represent that you have the necessary rights and authority to agree to these terms (and our Privacy Policy, Acceptable Use Policy, and other documents referred to herein) on behalf of that entity.

9.3. Please note that we only provide our Sites for domestic and private use. You agree not to use the Sites for any commercial or business purposes, and we have no liability to you for any loss or profit, loss of business, business interruption, or loss of business opportunity.

10. Indemnity

10.1. You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from:

i. your breach of these terms,
ii. your use of our Sites and/or
iii. any misrepresentation made by you.

10.2. You also agree to fully cooperate with us in the defence or settlement of any claim in relation to or arising out of our Sites or these terms.

11. Termination

11.1. These Terms of Use shall remain in full force and effect while you use the Sites or Services or are otherwise a user of the Sites, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at hello@kontinentalist.com.

11.2. We reserve the right to suspend or terminate your access to and use of our Sites and Services (including blocking certain IP addresses), if we reasonably believe:

i. you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);
ii. you are using the Sites in a manner that would cause a real risk of harm or loss to us, other users, or the public;
iii. we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
iv. our provision of the Sites to you is no longer possible or commercially viable.
v. In any of the above cases, we will notify you by the email address associated with you, unless we are prohibited from notifying you by law.

11.3. Upon termination of your access to the Sites and/or Services, these terms will also terminate except for Clauses 8 to 13.

11.4. Where we consider necessary or appropriate, we will report any breach of these terms (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.

12. General

12.1. These terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Sites. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Sites.

12.2. You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.

12.3. Visiting the Sites, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

12.4. You hereby agree to the use of electronic signature, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statues, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

12.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

12.6. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any products not provided.

12.7. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

12.8. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.9. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Sites or Services.

12.10. In order to resolve a complaint regarding the Sites and/or Services or to receive further information regarding the use of the Sites and/or Services please contact us by email at hello@kontinentalist.com or by post to:

Kontinentalist Pte Ltd
284 River Valley Road
Singapore 28325

13. Governing law and dispute resolution

13.1. These terms are governed by and shall be construed in accordance with the laws of the Republic of Singapore.

13.2. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Singapore Mediation Centre via their website at http://www.mediation.com.sg/ . The Singapore Mediation Centre will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.