CnerG Platform Use Terms (the “Use Terms”) describes terms and conditions governing the access to and use of the online tools and services (the “Services”) which CnerG Co., Ltd. (the “Company”) offers to the user and the user’s company (collectively, the “Client”). By creating and activating an account for use of the Platform, the Client agrees to the following terms and conditions.
To have access to the Service, Client shall procure a subscription plan
through the Services interface, or via an order form provided by the
Company. No matter whether the subscription plan is for a company or an
individual, each individual user must agree to the Use Terms to activate
an account to access the Services (an “Account”).
Upon the Client’s purchase of the subscription plan, the Company will
grant the Client a non-exclusive, non-transferable, non-assignable,
limited right to use the Platform on the terms set forth herein.
The Company is responsible for making the Services available to the
Client by providing the Client with a username and password for each
individual user in accordance with the Client’s order. Each user will be
a natural person employed by the Client.
To set up an Account, Client will be required to provide information about Client’s company and individual users (the Client) to the Company to identify the Client as a user of the Services (the “KYC Information”) and will be asked to update or supplement KYC Information from time to time. The Client must ensure that the KYC Information is accurate and the latest update. The Company reserves the right to cancel or suspend the creation of the Client’s Account in case the Company is not able to confirm the authenticity of the KYC Information.
The Client is solely responsible for maintaining the confidentiality of the credentials necessary to log in to its account and all activity and usage on its Account. The Client must contact the Company immediately if it believes an unauthorized third party may be using its Account or if its Account information is lost or stolen.
The Company owns and will continue to own the Services with full legal
title and rights, including but not limited to all related intellectual
property rights, and information collected and provided through the
Services by the Company.
The Client shall have the right to access the Services according to the
Use Terms provided that only the users who agree to the Use Terms are
allowed to access the Services and use information acquired from the
Services only for the Client’s own, internal purposes, and the Client
will not distribute any information provided by the Services, whether on
paper or electronically or by any other means whatsoever, to third
parties, without the explicit prior written consent of the Company,
unless such information is already lawfully publicly available.
The Company has the right to change or discontinue the content of the Services (including the Services as a whole), or change or remove features or functionality to the Services from time to time without seeking Client’s consent or permission or without notice. The Company will notify the Client of any material change or discontinuation of the Services by email or through the Services except as otherwise set forth herein. In case of discontinuation of the Services, the Client will be refunded a proportional part of prepaid subscription fees. The Client understands and agrees that the Company will not entertain any other claims it might have in connection thereto.
The Client shall pay the applicable subscription fee to access and use
the Services. In case the Company provides multiple types of
subscription plans, the Client is solely responsible for selecting a
subscription plan which is suitable for its needs. According to the
Client’s decision, the company shall issue the invoice by email or
through the Services, and the Client shall pay the subscription fees
according to the subscription plan the Client has selected. The full
payment should be received within thirty (30) calendar days from the
invoice date except as otherwise set forth in the issued invoice.{' '}
Fees are stated exclusive of any taxes, levies, duties, or similar
governmental assessments of any nature, including but not limited to,
value-added, sales, use, or withholding taxes, assessable by any
jurisdiction (collectively “Taxes”). Client will be responsible for the
payment of all Taxes associated with its use of the Services, except for
those taxes based on our net income. If any payment for the Services
will be subject to withholding taxes by any government, Client will be
responsible for reimbursing us for such withholding taxes.
Any credits that may accrue to Customer’s account, including but not limited to, from a promotion or any applicable contract, will expire following expiration or termination of the applicable contract or the terms and conditions of the credits, will have no currency or exchange value, and will not be transferable or refundable.
The Company has the right to suspend the Client’s access to the Services on 10 business days written notice if the full payment is not received according to the payment terms. The Company shall reopen access to the Platform as soon as practicable following confirmation that full payment has been received. Suspension of the access shall not give the Client any right to terminate the Use Terms or any right to any deduction in the payment for the Services.
Any subscription plan shall commence as of the date of the purchase of
the subscription plan and shall continue in effect until the earlier of
(i) one (1) year from the date hereof, or (ii) termination by written
notice by either party. The obligations of confidentiality contained
herein shall survive any early termination and continue for a period of
two years from the date hereof.
Unless the Client expressly notifies the termination of the
subscription, the subscription plan will automatically renew for
additional periods of one (1) year. Either party can give the other
notice of non-renewal at least thirty (30) calendar days before the end
of a subscription term to stop the subscription from automatically
renewing.
Regardless of the above, the Client has the right to terminate the Use
Terms without cause from the date of commencement until 90 days after
the contract date by sending The Company a written notice, and the
Client will be refunded a proportional part of the prepaid subscription
fees.
The Company reserves the right to discontinue or restrict the
Client's access to the Services in case the Client is in breach of
the Use Terms or in case the Company has reason to believe that the
Client is in breach of the Use Terms, any laws, regulations, or good
business conduct. No claims may be entertained against the Company in
connection thereto.
The Client grants us the right to use Client’s company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to Client’s guidelines if any. Client has the right to request us to stop using Client’s company name and logo for the purposes as stated above at any time, and the request shall be sent to us by email to [email protected].
The Company reserves the right to amend, remove, or add to the terms and conditions of the Use Terms. The Company is responsible for notifying Client of any change in the Use Terms, by written communication, including but not limited to emails, notifications on its websites, notifications on its service platforms, or mail. Changes to the Use Terms will become effective when the Company notifies the Client of the revision. If the Client accesses or uses the Services after the notification, that use will constitute the Client’s consent to any revised terms and conditions.
The Company will provide the Client with all notices under the Use Terms by email or through the Services except as otherwise set forth herein. Notices to the Company will be sent to [email protected].
The Company shall not be held responsible or liable for any economical
or other consequential loss, including loss of profits, incurred by the
Client as a result of entering into this Use Terms.
The Company's aggregate liability arising out of or relating to the
services provided under this Use Terms shall under no circumstances
exceed the Subscription Fees received by the Company from the Client
during the previous 12 months period prior to any proven loss.
The Services are provided “as is” without any warranties. The Company,
not limited to but including the Company’s employees, officers,
directors, affiliates, agents, licensors, and subcontractors, makes no
representations or warranties of any kind, whether express, implied,
statutory, or otherwise regarding the Services and its accuracy,
completeness, currentness, timeliness, non-infringement, title,
merchantability, or fitness for a particular purpose.
The Company does not warrant that use of the Services will be
uninterrupted, error-free or free of harmful components.
In the event either party is unable to perform its obligations under the Use Terms because of acts of God, strikes, riots, fires, war, terrorism, governmental actions, equipment or transmission failure, a failure by a third party hosting provider or utility provider, or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
The Client understands that laws and regulations vary throughout the world. It is the Client's sole obligation to ensure that it fully complies with any law, regulation, or directive, applicable to its country of residence regarding the use of the Services.
The Use Terms shall be governed by and construed in accordance with the laws of Singapore.
The Company or its affiliate is not a licensed financial advisor,
investment firm, registered broker, or dealer, and is not under
supervision by any financial supervisory authority. No information
provided by the Company is intended as securities brokerage, investment,
tax, accounting, or legal advice, or as an endorsement, recommendation,
or advice tailored to the Client's particular situation.
The risk of trading environmental commodities can be substantial and are
not suitable for all Client. The Client is solely responsible for
analyzing, managing, and taking all relevant risk factors, including its
financial situation, before selling, purchasing, and trading. In no
event shall the Company be liable to the Client or any third party or
anyone else for any decision made or action taken by the Client in
reliance on the content of the Services or the Services itself.
The Services may provide a suggested form of standard contracts related
to its services. Such standard contracts will be sought kept updated in
line with industry standards by the Company. However, the Company shall
not guarantee assumes, or be responsible for such standard
contracts' accuracy, fit-for-purpose, completeness, or lawfulness.
The Company does not verify or warrant that any client of the Platform
is financially able or willing to complete trades initiated on the
Platform, nor that it has any necessary licenses to perform such trades.
The Company does not report activities related to the Services to any
financial supervisory authority, registers, or similar entities unless
it is required by them.
The Company will use anonymized data from the Services to improve the
Services and provide useful information to the Client. However, the
Company does not warrant the correctness or completeness of such
information.