TERMS OF SERVICE

Last Update: 18/07/2022 OVERVIEW This website www.cancode.io (“the Site”) is operated by Can Code Limited. Throughout these Terms of Service, the terms “we”, “us” and “our” refer to Can Code Limited and any reference to “you”, “your” or “the user” refers to you. Can Code Limited offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Site and/or purchasing a product or service from us, you engage in our “Service” or “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, content contributors, registered users, vendors, customers, merchants, and to everyone who engages our Services. By accessing or using any part of the Site, or by engaging our Services, you agree to be bound by these Terms of Service. Those Terms govern your use and access to our Services, including our Site. In an effort to continually improve this Site, we may add additional services or make changes to existing services. In the event that we make such changes, these Terms shall apply to the new services and to any changes to existing services. We may change, modify, update, add, or remove portions of these Terms at any time by posting the revised version on the Site, and the effective date of any amendment will be the date the amended Terms are posted to the Site. If you continue to use our Site, or continue to engage our Services following the effective date of an amendment to these Terms, then you will be deemed to have accepted the amendment. If you do not accept any amendment to these Terms you may no longer use the Site and our Services from the effective date of that amendment. These Terms were last updated on the date at the top of this document (“Last Update”). SECTION 1 – GENERAL CONDITIONS

• By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state, province or country of residence.
• Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms of Service on that person’s behalf and that, by agreeing to these Terms of Service on that person’s behalf, that person is bound by these Terms of Service. In such event, and, in such event, “you” and “your” will refer and apply to that company or other legal entity in addition to you. If you do not agree to all the terms and conditions in these Terms, then you may not access the Site or engage the Services.
• You must immediately notify us if you become aware of any such breach or violation, by sending an email to info@cancode.io
• We reserve the right to refuse, limit or terminate your access to the Site and our Services to anyone for any reason at any time.
• The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

• We do not warrant that the information made available to you on this Site or through other means is accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
• This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 3 – MODIFICATIONS TO THE PRODUCTS, SERVICES AND PRICES

• We may change, suspend, discontinue, or restrict access to, the Site or access to the Services without notice or liability.
• Prices for our products and/or services are subject to change without notice. We reserve the right at any time to modify or discontinue the products and/or services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products and/or services.
• We reserve the right to limit the sales or quantities of our products and/or services to any person, geographic region or jurisdiction.
• We have made every effort to display as accurately as possible the details of our products and/or services that appear in our store. These products and/or services may have limited quantities, and in such instances, alternative products and/or services that are of the same quality and benefit, according to our best judgement, may be provided to you instead.

SECTION 4 – ORDERS, ACCURACY OF INFORMATION

• You warrant that all information provided to us in your dealings with us, is true, current and complete. You must promptly update that information as required so that the information remains true, current and complete, so that we can complete your transactions and contact you as needed.
• If we need to contact you in relation to a purchase, we may do so by email or by posting a notice on the Site. You agree that this satisfies all legal requirements in relation to written communications.
• We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

SECTION 5 – OPTIONAL TOOLS

• As part of the Services, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
• You acknowledge and agree that we provide access to such third-party tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools.
• Any use by you of third-party tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
• We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 6 – INTELLECTUAL PROPERTY

• In these Terms, “Intellectual Property Rights” means any trade marks, patents, designs, service marks, trade names, copyrights, know how, company names, trade secrets, domain names, internet IP or URL addresses, rights in confidential information, any associated goodwill, and any other intellectual property rights, whether registered or unregistered, and including all applications, existing anywhere in the world.
• We do not grant you any license, express or implied, to any of our Intellectual Property Rights.
• You agree not to reverse engineer, decompile, distribute, license, sell, resell, exploit, transfer, disassemble, copy, alter, modify, or create derivative works of our Intellectual Property Rights or Services or otherwise use our Services in any way that violates the use restrictions contained in these Terms of Service, without express written permission by us.
• You shall not use the cancode.io brand in any manner that may dilute, diminish, or otherwise damage our reputation.
• You hereby grant to us a permanent, worldwide, royalty-free, non-exclusive license to use:
  • data generated as a result of your use of our Services solely for purposes of maintaining and improving our Services;
  • non-identifiable, anonymous, aggregated data regarding your use of our Services compiled by us;
  • your corporate and/or trade name, for purposes of marketing our products and services to third parties.
• We respect the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please contact us at info@cancode.io to report possible copyright infringement.

SECTION 7 – THIRD-PARTY LINKS

• Certain content, products and services available via our Site may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
• We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 – USER GENERATED COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

• When you submit, upload, post, email or otherwise make available data, text, music, sounds, pictures, images, graphics, designs, artwork, messages, comments, feedback or other materials created or sourced by you (“User Content”) to cancode.io or any other website, internet site or application (including mobile device applications) that is owned, operated, controlled or sponsored by Can Code Limited, you agree and acknowledge the following:
  • The User Content must not violate any law, contain any commercial messages, or comparisons or solicitations for products or services, be offensive, defamatory, sexually explicit, violent, vulgar, derogatory of any ethnicity, race, gender, religion, profession or age group, promote any political agenda, promote alcohol, drugs, tobacco, firearms/weapons, promote, include or refer to activities that may be harmful or illegal, and/or any other content that is considered inappropriate or unsuitable as determined by us at its sole discretion;
  • You warrant that the User Content is your original work and/or that you own the intellectual property rights in the User Content, and that the User Content does not infringe on any copyright, trade mark or other intellectual property rights of any other person or organization;
  • If the User Content incorporates personal information, including the identity or image of any individual, you confirm that the individual concerned has consented to the use of the image and personal information;
  • We may, with or without any notice to you, at its sole discretion and for any reason, remove, modify or block access to any User Content;
  • You grant us a non-exclusive, perpetual, worldwide, irrevocable, royalty free, transferrable and sub-licensable right to use, modify, edit and display the User Content, including copyright in the User Content, in any media known now or in the future;

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 User Content;

• • We make no representations or warranties as the accuracy, reliability, lawfulness or completeness of any User Content, and takes no responsibility for the use of or reliance on, any User Content by you or any third party;
  • You may download or copy the contents and other downloadable materials displayed on our Site for your personal use only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying;
  • You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents of this Site.

SECTION 9 – PERSONAL INFORMATION

• Any information you provide us will be dealt with in accordance with our Privacy Policy. Your personal information including but not limited to your name, email address and phone number provided to us when you successfully engage the Services shall be used solely for the purpose of contacting you to provide you with the latest information and updates pertaining to the Services.
• To use certain parts of this Site, you will be asked to register for an account and you must provide truthful, accurate, and up-to-date information about yourself such as your name, email address, password, city, country. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to this Site due to the use of your ID, password, or account by another person. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. You are responsible for all actions or activities that happens by, through or under your account, unless your report misuse.

  SECTION 10 – PRIVACY POLICY

• We respect your desire for privacy policy and takes care to protect the personal information you provide to us. Our privacy policy can be found at cancode.io/privacy. By using this Site and/or our Services, you are consenting to terms of our privacy policy.
• Although we have taken the steps described in our privacy policy to ensure that your personal information is delivered and disclosed only in accordance with our privacy policy, we do not guarantee that the personal information you provide will not be intercepted by others and decrypted.

SECTION 11 – NO UNLAWFUL OR PROHIBITED USES

• In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content:
  • for any unlawful purpose;
  • to solicit others to perform or participate in any unlawful acts;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our Intellectual Property Rights or the Intellectual Property Rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • for any obscene or immoral purpose;
  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
  • to restrict or inhibit any other user from using and enjoying this Site;
  • to post or transmit any unlawful, fraudulent, libellous, defamatory, racist, sexist, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind;
  • to post or transmit any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, constitute unauthorized practice of a professional service, or otherwise violate any local, state, national, or foreign law;
  • to use the “cancode.io” name, domain names, trademarks, logos, or insignia in your user or screen name, or in any manner that would imply that you work with or are affiliated with us;
  • to pretend that you are, or that you represent, someone else or impersonate any other person or entity;
  • to post or transmit any advertisements, solicitations, chain letters, pyramid or Ponzi schemes, investment opportunities or schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming, phishing, or denial of services attacks;
  • to post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through this Site for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material).

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

• We do not guarantee, represent or warrant that your access to this Site or any information, postings, opinions, use of our Services, will be uninterrupted, timely, secure or error-free. Our Site may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
• We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
• You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The material, information, posting, opinions, products and services on this Site or linked from this Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
• We make no warranty that this Site will meet your requirements or expectations.
• To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss in connection with:
  • the Site being unavailable (in whole or in part) or performing slowly;
  • any error in, or omission from, any information made available through the Site;
  • any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Site. To avoid doubt, you are responsible for ensuring the process by which you access and use the Site protects you from this; and
  • any website linked from the Site. Any link on the Site to other websites does not imply any endorsement, approval or recommendation of, or responsibility for, those websites or their contents, operations, products or operators.
• You expressly understand and agree that cancode.io (or Can Code Limited’s officers, directors, investors, subsidiaries, agents, assignees, representatives, suppliers, partners, or employees) shall not be liable for any direct damages or any special, direct, indirect, incidental, consequential, or exemplary damages, including but not limited to any damages whatsoever resulting from loss of use, data, profits, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use of or the inability to use this website, removal or termination of this website, unauthorized access to or alteration of your transmissions or data, errors or omissions in content on this website, statements or conduct of any third party on this website, instruction, information or services provided by or linked from this website, or any other matter relating to this website. in no event shall we and our suppliers’ cumulative liability for any and all claims relating to the use of this website exceed the total amount of fees, if any, that you paid to us during the last twelve (12) months for the specific service at issue, or US$100.00, whichever amount is less.
• We shall have the right, but not the responsibility, to monitor and/or remove Site content that is provided by others. While some community and other areas may be monitored for relevance, we have no obligation to pre-screen any content and are not responsible for the posting of such content. We reserve the right to refuse to post, to edit submitted content, and to remove content for any reason. Further, we are not responsible for any failure or delay in removing content.

Some jurisdictions do not allow these limitations, so the above limitations may not apply in your jurisdiction.   SECTION 13 - DISCLOSURE OF USE

• We may disclose any information we have about you (including your identity), any transmittals or communications by you, and your use of this Site or any services made available on this Site if we determine that such disclosure is necessary to:
  • comply with legal process,
  • comply with any investigation or complaint regarding your use of this Site,
  • enforce these Terms of Use,
  • respond to claims that any such data violated the rights of others, or
  • protect the rights, property, or personal safety of Can Code Limited, its employees, and visitors to or users of this Site, including our customers, and the public.
• We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process, or governmental request. We may also disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

SECTION 14 – INDEMNIFICATION

• You agree to indemnify, defend and hold harmless Can Code Limited, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, demand, damage, cost and liability including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

• In the event that any part of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

SECTION 16 – TERMINATION

• The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time:

• • by cancelling your subscription, or
  • by notifying us that you no longer wish to use our Services, or
  • by stop using the Site any time
• If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
• Where we consider necessary or appropriate, we will report any breach of these Terms 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.
• If we do take any legal action against you as a result of your violation of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action. You agree that we will not be liable to you or to any third party for termination of your access to the Site and/or our Services.

SECTION 17 – ENTIRE AGREEMENT

• These Terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Site. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and supersede and cancel any prior communications between you and us (including, but not limited to, any prior versions of the Terms of Service).

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.   SECTION 18 – TERMS OF SALE

• Your satisfaction is important to us, this is why we may provide a 7 to 14 days free trial period (depending on the application).

After that you will be charged a fee for the services in advance for each billing period on or after the first day of such billing period. All fees for the services are due and payable in US Dollars and are non-refundable.

• Most of our applications are a month-to-month app subscription basis, so you can cancel at any time. Refunds will not be given for prior months or the currently active month.
• All sales are final and we do not offer any refund on the application subscriptions.

    SECTION 19 – GOVERNING LAW AND JURISDICTION

• These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and must be construed in accordance with the laws of Hong Kong.
• The Courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

SECTION 20 – CONTACT INFORMATION

• Questions about the Terms of Service should be sent to us at info@cancode.io