Terms of Use (App)

Terms of Use

Agreement to Terms of Use

  1. These Terms of Use (“Terms”) govern your access to and use of services in the Way Fengshui Almanac App (“App”).
  2. This application is owned and operated by the Way OnNet Group Private Limited (hereinafter “WAY”, “We”, “Us”, or “Our”).
  3. By accessing and using any part of this application, you unconditionally agree and accept to be legally bound by these Terms. If you do not agree to these Terms, please do not use this application.
  4. In case of any violation of these Terms, WAY reserves the right to seek all remedies available under the law and in equity for such violations. These Terms apply to all visits to this application, both now and in the future.
  5. WAY reserves the right to change these Terms from time to time at its sole discretion. All changes will be posted on this page, and your use of this application after such changes have been posted will constitute your agreement to the modified Terms and all of the changes. You should therefore read this page carefully each time you visit this application.

Nature of this Application

  1. The Way Fengshui Almanac App packed with virtually every detail related to fengshui and Chinese astrological calculations, it assists users on the selection of important dates anytime anyplace. Users may also use this app to determine facing directions with an in-app digital luo pan, allowing you to determine your home orientation in a matter of seconds. Access to the services is available through our designated mobile applications for smartphones and is available for both iOS and Android mobile systems.

Third Party Terms

  1. The App may require, enable or facilitate access to or use of software or services of a third party (“Third Party”). In such an event, there will be terms of use of the third party software or service (the “Third Party Terms”) that will bind either WAY or you or both.
  2. If the Third Party Terms require you to enter into an agreement directly with the Third Party, then you agree to enter into such agreement, and in any event, to be bound by the Third Party Terms.
  3. You agree to indemnify and keep us harmless against all claims, actions, liabilities, losses, damages, costs or expenses (including legal costs) howsoever arising out of or in connection with your access or use of the aforesaid Third Party software or services or your non-compliance with the Third Party Terms.
  4. For the avoidance of doubt, without prejudice to Clause 3, to the extent of any inconsistency between these Terms and the Third Party Terms, the latter shall prevail provided that nothing in the Third Party Terms shall limit the generality of your indemnity obligations in Clause 3.
  5. Nothing in the App shall be considered an endorsement, representation or warranty of or by us with respect to any Third Party or any Third Party’s content, products, services or otherwise, even where the Third Party websites, software or services may require the use of the App. We make no representations or guarantees regarding the availability or content (including its truthfulness, accuracy, completeness, timeliness or reliability) of such Third Party content, products, services or otherwise, and any use or reliance on the same by you is solely at your own risk.

Proprietary Rights

  1. The materials located on this application, including the information as well as any software programs available on or through this application (“the Contents”), are protected by copyright, trademark and other forms of proprietary rights. All rights, title and interest in the Contents (except for 3rd Party Reviews, as defined below) are owned by, licensed to or controlled by WAY.
  2. Modification of any of the Contents or use of the Contents for any other purpose will be a violation of WAY’s copyright and other intellectual property rights. Graphics and images on this application are protected by copyright and may not be reproduced or appropriated in any manner without the prior written permission of their respective copyright owners.
  3. The design and layout of this application is protected by intellectual property and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, image or search engine from this application may be copied or transmitted unless with the prior express permission of WAY.

Right of Access

  1. WAY reserves the right to update or modify this application from time to time. WAY further reserves all rights to deny or restrict access to this application to any particular person, or to block access from a particular Internet address to this application, at any time, without ascribing any reasons whatsoever.
  2. You agree that you will not, and that you shall not permit any other person to:
  3. use any robot, spider, other automated mechanisms to monitor or copy the Contents within this App without WAY’s prior written permission;
    1. use any device, software or routine to interfere or attempt to interfere with the proper working of this App;
    2. take any action that imposes an unreasonable or disproportionately large load on the servers.;
    3. whether in whole or in part, modify, reverse-engineer, decompile, adapt, publish, redistribute, sublicense or interfere with or intercept any transaction which is part of the App or the Contents (including but not limited to authentication and password issuance/reset services) without our prior written consent;
    4. reproduce or make any copies of the Contents, including any software therein, except with our prior written consent;
    5. remove, circumvent, impair, bypass, disable or otherwise interfere with security-related features of the App, including but not limited to any features that:
      1. prevent or restrict access or use of any particular functionalities or features of the App;
      2. prevent or restrict access or use of the App;
      3. prevent or restrict access to, or use of any Contents that are made available or accessible through the App;
    6. access, log into or use any profile that is not yours, or which you are not validly authorised to access, log into or use;
    7. misrepresent or make false or misleading claims regarding the App or the Contents;
    8. use the App and/or the Contents for any illegal activity, unlawful purpose or for any purpose prohibited by these Terms;
    9. use the App to access data not intended for you; and/or
    10. solicit passwords or personal data from any other person or entity for the purposes of accessing or using the App.
  5. All information, data, text, photographs, graphics, video, messages or other materials (“Materials”) available on this application, whether publicly posted on this application or privately transmitted to the WAY administrator, are the sole responsibility of the person from which such Materials originated. This means that you, and not WAY, are entirely responsible for all Materials that you upload, post, email, transmit or otherwise make available via this application.
  6. You shall be responsible for all Materials posted, uploaded, emailed, transmitted or otherwise made available via this application using your internet connection, even if the access is by another person.
  7. You shall not use this application to, or when using this application shall not:
    1. upload, post, email, transmit or otherwise make available any Materials Content that:
      1. is or may be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, religiously, ethnically or otherwise objectionable, irrelevant to WAY’s purposes or which is in any way inaccurate, incomplete and/or untrue. WAY has the sole discretion to decide if any Materials falls within these said categories;
      2. you do not have a right to make available under any law or under contractual or fiduciary relationships, or infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any party;
      3. contains any unsolicited or unauthorised advertising and promotional materials (for example for surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages) (commercial or otherwise), including links to websites containing such materials; or
      4. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    2. create a false identity, including by impersonating any person or entity, or falsely state or otherwise represent your affiliation with a person or entity;
    3. threaten, stalk or otherwise harass any other user of this application or any person employed by WAY; or
    4. interfere with or disrupt this application or servers or networks connected to this application, or disobey any requirements, procedures, policies or regulations of networks connected to this application.

Access to the App

  1. The accessibility and operation of our App relies on software or services of third parties outside our control. We do not guarantee continuous accessibility or uninterrupted operation of the applications and services linked to or from the App. We may also schedule downtime for our App from time to time for maintenance and/or optimisation purposes.
  2. We reserve the right to:
    1. suspend access to or use of the App and/or the Contents (whether in whole or in part) during times of maintenance (whether scheduled or unscheduled), without notice or liability to you whatsoever;
    2. deny or restrict access to the App and/or the Contents, or any part thereof, to you without being required to be provide any reasons, and without any liability to you whatsoever; and/or
    3. discontinue or terminate the App and/or the Contents at any time without notice or liability to you whatsoever, whereupon all rights granted to you hereunder shall also forthwith terminate.
  3. Without limiting the generality of the foregoing, in the event that your use of the App or the Contents, is in breach of these Terms or of any applicable law, we shall be entitled to immediately, without notice to you:
    1. disable your login credentials;
    2. prevent, restrict or limit your access to the App;
    3. take all such other action as we consider appropriate, desirable or necessary.
  4. Use of the App and/or the Contents may require you to:
    1. have an adequate internet connection;
    2. have a mobile device which meets or exceeds the minimum specifications required in order for the App to operate;
    3. grant the App the right to access certain functions of your mobile device (including but not limited to the camera function and push notifications), and your use of the App shall constitute your consent to the App accessing such functions of your mobile device as may be reasonably required by the App, and you acknowledge and agree that you may not be able to use certain functionalities or parts of the App and/or the Contents if you do not comply with the requirements above.
  5. From time to time we may update, enhance, upgrade, reduce or otherwise modify or vary all or any part of the App and/or the Contents (“Updates”) at any time, for any reason, with or without notice to you, and you acknowledge and agree that these Terms will apply to all such Updates. Such Updates may take place and be implemented automatically or may require action on your part. You acknowledge that the App may not operator properly or at all if the Updates are not installed or implemented by you. We do not guarantee that such Updates will be made available, or will continue to be compatible with your current mobile device or its operating system.

Relying on Materials

  1. Any Materials on our App is for the purposes of providing you with information only and may not cover all information available on a particular issue.
  2. Under no circumstances will WAY be liable in any way for any Materials, including any errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed, transmitted or otherwise made available via this application. You must evaluate and bear all risks associated with the use of any Materials on this application, including any reliance you intend to place on the accuracy, completeness, or usefulness of such Materials.
  3. Such Materials must not be relied upon as professional advice. While every effort has been made to ensure that our App and the contents therein are consistent with existing law and practice, you must do your own checks and seek your own professional advice relevant to your particular circumstances.
  4. WAY shall have the right (but not the obligation) to delete, disallow or move any Materials from this application, as it sees fit, in particular any Materials which, in WAY’s view, violates any of these terms of the Terms of Use.
  5. WAY may preserve all or such part of the Materials as it sees fit, and may also disclose all or any part of the Materials to any person or organization if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use against any user of this application; (c) investigate and respond to claims that any Materials violates the legal rights of any party; or (d) protect the legal rights, property, and/or personal safety of any party.

General Practices Regarding Use and Storage

  1. WAY may establish general practices and limits concerning use of and storage of materials on this application.
  2. WAY has no responsibility or liability for its deletion of or decision not to store any messages and other communications or other Materials maintained or transmitted by this application. You further acknowledge that WAY may change these general practices and limits at any time, as it sees fit, without notice.

Disclaimer of Warranties and Exclusion of Liability

  1. The Contents of this application are provided on an “as is” basis without warranties of any kind.
  2. WAY is not responsible for anything posted by any user on or in relation to the App, including but not limited to ratings posted by any user of this application (the “3rd party Reviews”), any errors or omissions, or for the results obtained, or consequences arising from the use of the App or any of the Contents.
  3. To the fullest extent permitted by law, WAY does not make any representations or warranties of any kind whatsoever in relation to the App and/or the Contents and hereby disclaims all express, implied and/or statutory warranties of any kind to you or any third party, whether arising from usage or custom or trade or by operation of law or otherwise, including but not limited to any representations or warranties:
    1. as to the accuracy, completeness, correctness, reliability, currency, timeliness, non- infringement, title, merchantability, quality or fitness for any particular purpose of the Contents of this application; and
    2. that the Contents available through this application or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that this application and the server is and will be free of all viruses and/or other malicious, destructive or corrupting code, programme or macro.
  4. WAY shall also not be liable to you or any third party for any damage or loss of any kind whatsoever and howsoever caused, including but not limited to any direct or indirect, special or consequential damages, loss of income, revenue or profits, lost or damaged data, or damage to your computer, software or any other property, whether arising directly or indirectly from:
    1. your access to or use or misuse of or reliance on this application;
    2. any loss of access to our use of this application, howsoever caused;
    3. any inaccuracy or incompleteness in, or errors or omissions in the transmission of, the Contents;
    4. any delay or interruption in the transmission of the Contents of this application, whether caused by delay or interruption in transmission over the internet or otherwise; or
    5. any decision made or action taken by you or any third party in reliance upon the Contents, regardless of whether WAY has been advised of the possibility of such damage or loss.

Indemnity

  1. You shall fully indemnify and hold WAY, its contractors and employees, harmless against any and all claims, demands, losses, liabilities, costs and expenses (including but not limited to legal costs and expenses on a full indemnity basis) made against, suffered or incurred by it/them arising directly or indirectly from your access to or use of this application (including any Materials you submit, post, transmit or make available through this application), your breach of any of the terms of these Terms, or your violation of any rights of another in connection with your use of this application.

Privacy Policy

  1. Please refer to the Privacy Policy.

General Provisions

  1. You may not assign or sub-contract these Terms without our prior written consent. We may assign, novate, transfer, or sub-contract the rights and liabilities in respect of the App, the Contents and/or these Terms, without notifying you and without further reference to you. Your acceptance of these Terms shall also constitute your consent to such assignment, novation, transfer or sub- contract.
  2. Any termination of your access to or use of the App and/or the Contents under these Terms (howsoever occasioned) shall not affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
  3. If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be invalid or unenforceable, then these Terms, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable provision had never been included.
  4. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision.
  5. Any notice that we intend to give to you may be carried out by sending such notice to you to any contact information you may have provided us. You are deemed to have received notice of the same upon us posting and/or sending such notice to you as stated above.

Governing Law

  1. These Terms of Use shall be governed and construed in accordance with laws of Singapore.
  2. Any dispute arising out of or in connection with these Terms or the access or use of the App and/or the Contents, including any question regarding the existence, validity or termination of these Terms, shall be referred to and finally resolved in the Courts of the Republic of Singapore and you hereby submit to the exclusive jurisdiction of the Courts of the Republic of Singapore.

 

Last updated: 28 September 2021