Terms of Service

Effective 21 January 2021

Wolin Ventures Terms of Service

These terms (“Terms”) cover the use of those Wolin Ventures consumer products, websites and services listed at the end of these Terms (the “Services”). You accept these Terms, through the use of the Services, or by continuing to use the Services after being notified of a change of these Terms.

Your Privacy

Your privacy is important to us. Please read the Wolin Ventures Privacy Notice (the “Privacy Notice”) as it describes the types of data we collect from you and your devices (“Data”), how we use your Data, and the legal bases we have to process your Data. The Privacy Notice also describes how Wolin Ventures uses your content, which is your communication with others; postings submitted by you to Wolin Ventures via the Services; and the files, photos, documents, audio, digital works, and videos that you upload, store, broadcast, or share through the Services (“Your Content”). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to Wolin Venture’s collection, use and disclosure of Your Content and Data as described in the Privacy Notice. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Notice.

Your Content

Our Services allow you to store or share Your Content or receive material from others. We do not claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.

  • When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content for the purpose that you made Your Content available on the Services, without compromising you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all rights necessary for Your Content that is uploaded, stored or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. Wolin Ventures does not own, control, verify, pay for, endorse, or otherwise assume any liability for Your Content and cannot be held responsible for Your Content or the material others upload, store or share using the services.
  • To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Wolin Ventures products and services, you grant to Wolin Ventures a worldwide and royalty-free intellectual property license to use Your Content. If you publish Your Content in areas of the Services where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service.

Code of Conduct

  • By agreeing to these Terms, you are agreeing that, when using the Services, you will follow these rules:
    • Do not do anything illegal.
    • Do not engage in any activity that exploits, harms or threatens to harm others.
    • Do not send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information.
    • Do not publicly display or use the Services to share inappropriate content or material or Your Content or material that does not comply with local laws or regulations.
    • Do not engage in activity that is fraudulent, false, misleading, or defamatory.
    • Do not circumvent any restrictions on access to or availability of the Services.
    • Do not engage in activity that is harmful to you, the Services or others.
    • Do not infringe upon the rights of others.
    • Do not engage in activity that violates the privacy or data protection rights of others.
    • Do not help others break these rules.
  • Enforcement. If you violate these terms, we may, in our sole discretion, stop providing Services to you or we may close your account. We may also block delivery of a communication to or from the Services in an effort to enforce these Terms, or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Wolin Ventures reserve the rights to review Your Content in order to resolve the issue, and you hereby authorize such reviews. However, we cannot monitor the entire Services and make no attempt to do so.

Using the Services and Support

You will need an account to access the Services. Your account lets you sign in to products, websites and services provided by Wolin Ventures and some Wolin Ventures partners.

Creating an Account

You can create an account by signing up online. You agree not to use any false, inaccurate, or misleading information when signing up for your account. In some cases, a third party may have assigned an account to you. If you received your account from a third party, the third party may have additional rights over your account, like the ability to access or delete your account. Please review any additional terms the third party provided you, as Wolin Ventures has no responsibility regarding these additional terms. If you create an account on behalf of an entity, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your account.

Account Use

You must use your account to keep it active. This means you must sign in at least once in a two-year period to keep your account, and associated Services, active. If you do not sign in during this time, we will assume your account is inactive and will close it for you. Please see Section 4c for the consequences of a closed account. If we reasonably suspect that your account is at risk of being used by a third party fraudulently, Wolin Ventures may suspend your account until you can reclaim ownership. Based on the nature of compromise, we may be required to disable access to some or all of Your Content.

Closing Your Account

You can cancel specific Services or close your account at any time and for any reason. To close your account, please Contact Us. When you ask us to close your account, we will put you in a suspended state for 2 months just in case you change your mind. After that 2 months period, your account will be closed. Logging back in during the 2 months period will reactivate your account. If your account is closed (whether by you or us), the right to use the account to access the Services stops immediately. We will delete Data or Your Content associated with your account or will otherwise disassociate it from you and your account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you.) You should have a regular backup plan as Wolin Ventures will not be able to retrieve Your Content or Data once your account is closed. You may lose access to products you have acquired.

Work Accounts

You can sign into certain Services with a work email address. If you do, you agree that the owner of the domain associated with your email address may be notified of the existence of your account and its associated subscriptions, control, and administer your account, and access and process your Data. You further agree that your use of the Services may be subject to the agreements Wolin Ventures has with you or your organization and these Terms may not apply. If you use a separate email address to access Services covered under these Terms, you may be prompted to update the email address associated with your account in order to continue accessing such Services.

Additional Equipment/ Data Plans

To use the Services, you will need an internet connection and/ or data/ cellular plans. You might also need additional equipment, like headset, camera or microphone. You are responsible for providing all connections, plans, and equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees.

Service Notifications

When there is something we need to tell you about a Service you use, we will send you Service notifications. If you gave us your email address or phone number in connection with your account, then we may send Service notifications to you via email or via SMS (text messages), other means (for example by in-product messages). Data and messaging rates may apply when receiving notifications or SMS.

Customer Support

Customer support for some Services is available at support@wolinventures.com. Certain Services may offer separate or additional customer support, subject to the terms available, unless otherwise specified. Support may not be available for preview or beta versions of features or Services. The Services might not be compatible with software or services provided by third parties, and you are responsible for familiarizing yourself with compatibility requirements.

Ending your Services

If your Services are cancelled (whether by you or us), your right to access the Services stops immediately and your license to the software-related to the Services ends. We will delete Data or your Content associated with your Services or otherwise disassociate it from you and your account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result, you may no longer be able to access any of the Services (or Your Content that you have stored on the Services). You should have a regular backup plan. You may lose access to products you have acquired. If you have cancelled your account and have no other account able to access the Services your Services may be cancelled immediately.

Using Third-Party App and Services

The Services may allow you to access or acquire products, services, websites, links content, material, integrations or applications from independent third parties (companies or people who are not Wolin Ventures) (“Third-Party Apps and Services”). Our Services may also help you find, make requests to, or interact with Third-Party Apps and Services or allow you to share Your Content or Data, and you understand that by using our Services you are directing them to make Third-Party Apps and Services available to you. The Third-Party Apps and Services may also allow you to store Your Content or Data with the publisher, provider or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept their terms before you can install or use the Third-Party App and Service. You should review the Third-Party terms and privacy policies before acquiring, using, requesting, or linking your account to any Third-Party Apps and Services. Any Third-Party terms do not modify these Terms. Wolin Ventures does not license any intellectual property to you as part of any Third-Party Apps and Services. You agree to assume all risk and liability arising from your use of these Third-Party Apps and Services and that Wolin Ventures is not responsible for any issues arising out of your use of them. Wolin Ventures is not responsible or liable to you or others for information or services provided by any Third-Party Apps and Services.

Service Availability

The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered on a limited basis, or may vary depending on your region or devices. If you change the location associated with your account, you may need to re-acquire the material or application that were available to you and paid for in your previous region. You agree not to access or use material or Services which are illegal or not licensed for use in the country from which you access or use such material or Services, or to conceal or misrepresent your location or identity in order to access or use such material or Services. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outrages, and Wolin Ventures is not liable for any disruptions or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you have stored. We recommend that you regularly backup Your Content and Data that you store on the Services or store using Third-Party Apps and Services.

Updates to the Services and Changes to These Terms

We may change these Terms at any time, and we will tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the Services, and close your account. Sometimes you will need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Wolin Ventures is not obligated to make any updates available and does not guarantee that we will support the version of the system for which you purchased or licensed the software, apps, content or other products. Such updates may not be compatible with software or services provided by third parties. You may withdraw your consent to future software updates at any time by uninstalling the software. Additionally, there may be times when we need to remove or change features or functionality of the Services or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in Section 14), or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.

Software License

Unless accompanied by a separate Wolin Ventures license agreement, any software provided by us to you as part of the Services is subject to these Terms. If you comply with these Terms, we grant you the right to install and use one copy of the software by only one person on a worldwide basis for use as part of your use of the Services. For certain devices, such software may be pre-installed for your personal, non-commercial use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by third parties that own such code, not by Wolin Ventures. Notices, if any, for the Third-Party code are included for your information only. The software is licensed, not sold, and Wolin Ventures reserves all rights to the software not expressly granted by Wolin Ventures, whether by implication, or otherwise. This license does not give you any right to, and you may not:

  • Circumvents or bypass any technological protection measures in or relating to the software or Services;
  • Disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspects of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
  • Separate components of the software or Services for use on different devices;
  • Publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless Wolin Ventures expressly authorized you to do so;
  • Transfer the software, any software licenses, or any rights to access or use the Services;
  • Use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
  • Enable access to the Services or modify any Wolin Ventures authorized device by unauthorized third-party applications.

Ownership of Intellectual Property

Unless otherwise specified in writing, Wolin Ventures will retain all interest in and to the Service are owned, controlled, or licensed by Wolin Ventures and are protected by law from unauthorized use. Wolin Ventures and the Wolin Ventures trademarks, trade names and other rights to inventions, know-how, patents, copyrights, Confidential Information and other intellectual property (collectively, “Intellectual Property Rights”). Except for rights expressly granted under this Agreement, nothing in this agreement will function to transfer any of Wolin Venture’s Intellectual Property rights, and Wolin Ventures will retain exclusive interest in and ownership of its Intellectual Property developed before this Agreement or developed outside the scope of this Agreement, and expressly reserves all rights not expressly granted under this Agreement. 

Payment Terms

If you purchase a Service, then these payment terms apply to your purchase and you agree to them.

Charges

If there is any charge associated with a portion of the Services, you agree to pay that charge in the currency specified. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. All prices for paid products are inclusive of applicable taxes, unless otherwise stated. You are solely responsible for ensuring that this address is up to date and accurate. Taxes are calculated based on your location at the time your Wolin Ventures account was registered unless local law requires a different basis for the calculation. We may suspend or cancel the Services if we do not receive on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location. Depending on your location, some transactions might require foreign currency conversion or to be processed in another country. Your bank might charge you additional fees for those services when you use a debit or credit card. Please contact your bank for details.

Your Billing Account

To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for the Service. For all Services, you can access and change your billing information and payment method by signing into your account portal. Additionally, you agree to permit Wolin Ventures to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.

Billing

By providing Wolin Ventures with a payment method. (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize Wolin Ventures to charge you for the Services or available content using your payment method; and (iii) authorize Wolin Ventures to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any charge in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amount that have not previously been processed.

Recurring Payments

When you purchase the Services on a subscription basis, you agree that you are authorizing payments, and payments will be made to Wolin Ventures by the method and at the recurring intervals you have agreed to, until the subscription for that Services is terminated by you or by Wolin Ventures. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing Wolin Ventures to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account or as charges to your designated account (collectively; “Electronic Payments”). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transactions is rejected or denied, Wolin Ventures or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.

Online Statement and Errors

For All Services will provide you with an online billing statement on the Wolin Ventures Account, where you can view and print your statement. You can access your online statement by signing into your account. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90-days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund, unless otherwise required by law. If Wolin Ventures has identified a billing error, we will correct that error within 90-days. This policy does not affect any statutory rights that may apply.

Refund Policy

Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Wolin Ventures has charged you in error, you must contact us within 90-days of such charge. No refunds will be given for any charges more than 90-days old, unless otherwise required by law. We reserve the right to issue refunds or credits at our sole discretion unless otherwise required by law. If we issue a refund or credit, we are under no obligations to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.

Cancelling the Services

You may cancel the Service at any time, with or without cause. Cancelling paid Service stops future charges. To cancel a Service and request a refund, if you are entitled to one, visit the Wolin Ventures account. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and (iv) you may lose access to and use of your account when you cancel the Services; or (v) you may receive a refund in the amount equal to the unused fees you paid for a Service calculated at the time of cancellation. We will process your Data as described in section 4. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you cancelled.

Trial-Period Offers

If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.

Promotional Offers

From time to time, Wolin Ventures may offer Services for free for a trial period. Wolin Ventures reserves the right to charge you for such Services (at the normal rate) if Wolin Ventures determines (in its reasonable discretion) that you are abusing the terms of the offer.

Price Changes

We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.

Payments to You

If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.

Bank Account Payment Method

You may register an eligible bank account with Wolin Ventures account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving debit entries. Terms you agreed to when adding your bank account as a payment method in your Wolin Ventures account also apply. You represent and warrant that your registered bank account is held in your name or you are authorized to register and use this bank account as payment method. By registering or selecting your bank account as your payment method, you authorize Wolin Ventures (or its agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your Wolin Ventures account. Laws applicable in your country may also limit your liability for any fraudulent, erroneous or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these Terms.

Contracting Entity, Choice of Law, and Location for Resolving Disputes

For all Services, the entity with which you are contracting, the governing law and the location to resolve disputes appears below:

  • Singapore. If you live (or, if a business, your principal place of business is) in Singapore, and you are using the Services, you are contracting with Wolin Ventures Pte Ltd, a corporation organized under the laws of Singapore, with its registered address at 26 Sin Ming Lane, #07-126, Midview City, Singapore 573971. For free or paid Services, Singapore law governs the interpretation of these Terms and claims for their breach, regardless of conflict of law principles. Any disputes arising out of or in connection with these Terms or the Services, including any question regarding their existence, validity, or termination, will be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Center (SIAC), which rules are deemed to be incorporated by reference into this clause. The Tribunal will consist of one arbitrator to be appointed by the President of SIAC. The language of arbitration will be English. The decision of the arbitrator will be final, binding, and incontestable, and it may be used as a basis for judgment in any country or region.

Warranties

  • Wolin Ventures and our affiliates, resellers, distributors, and vendors, make no warranties, express or implied, guarantees or conditions with respect to your use of the Services. You understand that use of the Services is at your own risk and that we provide the Services on an “as is” basis “with all faults” and “as available”. Wolin Ventures does not guarantee the accuracy or timeliness of the Services. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the Services will be uninterrupted, timely, secure, or error-free or that content loss will not occur, nor do we guarantee any connection to or transmission from computer networks.
  • We exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement.

Limitation of Liability

  • If you have any basis for recovering damages (including breach of these Terms), to the extent permitted by applicable law, you agree that your exclusive remedy is to recover, from Wolin Ventures or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred.
  • To the extent permitted by the applicable law, you cannot recover any (i) consequential losses or damages; (ii) loss of actual or anticipated profits (whether direct or indirect); (iii) loss of actual or anticipated income (whether direct or indirect); (iv) loss of income or business or losses or damages arising from your use of the Services in a non-personal capacity; (v) special, indirect, incidental, or punitive damages; and (vi) to the extent permitted by law, direct losses or damages in excess of the caps specified 12.a above. These limitations and exclusions apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
  • Wolin Ventures is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond Wolin’s reasonable control (such as labor disputes, acts of God or terrorist activity, malicious damage, accidents, epidemics or compliance with any applicable law or government order). Wolin Ventures will endeavor to minimize the effects of any of these events and to perform the obligations that are not affected.

Service-Specific Terms

The terms before and after Section 13 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms. These service-specific terms govern if there are any conflicts with the general terms.

BPA

Use of Service

By using BPA services, Building Performance Alliance Application (https://bpa.sg) website, information, application, subscriptions, services and content provided by Wolin Ventures (collectively, the “BPA”) are only for your use, and you agree to be bound by these additional terms, including Section 1 to Section 13, set forth. 

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