1.1Your utilization of products, software, services, and websites provided by YoungMinds Online (referred to collectively as the 'Services' in this document, excluding any services governed by a separate written agreement) is governed by a legal agreement between you and YoungMinds Online. The term 'YoungMinds Online' pertains to YOUNGMINDS ONLINE, located at 60 Paya Lebar Road, #07-54 Paya Lebar Square, Singapore 409051.
1.2Unless specifically agreed upon in writing with YoungMinds Online, your agreement will consistently include, at the very least, the terms and conditions outlined in this document, known as the 'Universal Terms.'
1.3Your agreement with YoungMinds Online extends to the terms of any Legal Notices relevant to the Services, in addition to the Universal Terms. Together, these constitute the 'Additional Terms,' and if applicable, can be accessed for review within or through your use of the Service.
1.4The Universal Terms, combined with the Additional Terms, constitute a legally binding agreement between you and YoungMinds Online regarding your use of the Services. It is imperative that you carefully read these terms. This agreement is referred to as the 'Terms.'
1.5In the event of any conflict between the Additional Terms and the Universal Terms, the Additional Terms shall prevail concerning that specific Service.
2.Accepting the Terms
2.1To avail yourself of the Services, you must consent to the Terms. Your use of the Services implies your acceptance of these Terms.
2.2You can express acceptance of the Terms by: (A) Clicking to accept or agree to the Terms, if this option is available in the user interface for any Service provided by YoungMinds Online; or (B) By utilizing the Services, thereby acknowledging and agreeing that your use constitutes acceptance of the Terms from that point onward.
2.3If (a) you are not of legal age to enter into a binding contract with YoungMinds Online, or (b) you are prohibited from receiving the Services under the laws of your country or the country from which you access the Services, you may not use the Services or accept the Terms.
2.4It is recommended to print or save a local copy of the Universal Terms for your records before proceeding.
3.Provision of the Services by YoungMinds Online
3.1YoungMinds Online has the authority to offer the Services to you. It is acknowledged that Subsidiaries and Affiliates may be engaged in delivering the Services on behalf of YoungMinds Online.
3.2Acknowledging the necessity for continual improvement, you consent to the possibility that the structure and characteristics of the Services provided by YoungMinds Online may undergo changes over time without advance notice.
3.3As part of an ongoing commitment to innovation, YoungMinds Online maintains the right to discontinue (either permanently or temporarily) the provision of the Services or specific features within the Services at its sole discretion, without prior notice.
3.4Should YoungMinds Online restrict access to your account, you may find yourself unable to reach the Services, your account particulars, or any content contained within your account.
4.Use of the Services by you - YoungMinds Online
4.1Registration Information: To access specific Services, it may be necessary to provide personal information during the registration process or as part of continued use of the Service. You hereby affirm your agreement that any information submitted to YoungMinds Online will be accurate, correct, and regularly updated.
4.2Purpose of Use: You commit to utilizing the Services exclusively for purposes permitted by (a) the Terms and (b) any applicable laws, regulations, or generally accepted practices in relevant jurisdictions. This includes adherence to regulations governing data or software export to and from your country.
4.3Accessing the Services: You agree not to access (or attempt to access) the Services except through the interface provided by YoungMinds Online, unless explicitly authorized in a separate agreement. Specifically, you agree not to employ automated means, such as scripts or web crawlers, and commit to complying with any instructions on the using of the Services.
4.4Disruption or Interference: You agree not to engage in activities that disrupt or interfere with the Services, including the associated servers and networks.
4.5No Reproduction or Reselling: Unless explicitly sanctioned in a separate agreement with YoungMinds Online, you pledge not to reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
4.6Responsibility for Breach: You acknowledge sole responsibility for any breach of your obligations under the Terms. YoungMinds Online disclaims any responsibility for consequences, including loss or damage, arising from such breaches.
5.Passwords and Account Security
5.1Confidentiality Responsibility: You understand and agree to be responsible for maintaining the confidentiality of passwords associated with your account.
5.2Sole Responsibility: You acknowledge that you are solely responsible to YoungMinds Online for all activities under your account.
5.3Unauthorized Use: If you become aware of any unauthorized use of your password or account, you agree to promptly notify YoungMinds Online.
6.Privacy and Personal Information
6.1Data Protection Practices: For information about YoungMinds Online's data protection practices, please refer to the privacy policy. This policy outlines how YoungMinds Online treats your personal information, ensuring privacy when using the Services.
6.2Data Usage Consent: You agree to the use of your data in accordance with YoungMinds Online's privacy policies.
7.Content in the Services
7.1Content Responsibility: You understand that all content (data files, text, software, music, images, etc.) accessed through the Services is the responsibility of its originator, referred to as 'Content.'
7.2Content Management: Content presented in the Services is managed by YoungMinds Online. You may not modify, rent, lease, loan, sell, distribute, or create derivative works unless explicitly permitted in a separate agreement.
8.Proprietary Rights - YoungMinds Online
8.1Rights and Interest: You acknowledge and agree that YoungMinds Online (or its licensors) holds all legal right, title, and interest in and to the Services, including intellectual property rights. You further recognize that the Services may contain confidential information, and you shall not disclose such information without prior written consent from YoungMinds Online.
8.2Limited Usage: Unless explicitly agreed otherwise in writing, the Terms do not grant you the right to use YoungMinds Online's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
8.3Brand Feature Use: If you have received explicit permission to use brand features in a separate written agreement, you agree to comply with that agreement, relevant Terms provisions, and YoungMinds Online's brand feature use guidelines, as updated.
8.4No Acquisition of Rights: YoungMinds Online acknowledges it gains no right, title, or interest from you under these Terms in any Content submitted, posted, transmitted, or displayed through the Services. You are responsible for protecting and enforcing those rights, and YoungMinds Online has no obligation to do so on your behalf.
8.5Trademark Usage: Unless expressly authorized in writing by YoungMinds Online, you agree not to use any trademark, service mark, trade name, or logo of any company or organization in a manner likely or intended to cause confusion about the owner or authorized user.
9.License from YoungMinds Online
9.1Software License: YoungMinds Online grants you a personal, worldwide, non-assignable, and nonexclusive license to use the software provided as part of the Services (referred to as the 'Software') solely for enjoying the Services as permitted by the Terms.
9.2Restrictions: You may not copy, modify, create derivative works, reverse engineer, decompile, or attempt to extract the source code of the Software, unless expressly permitted by law or YoungMinds Online in writing.
9.3Non-Transferable Rights: Unless specifically authorized in writing by YoungMinds Online, you may not assign, sublicense, or transfer your rights to use the Software.
10.Content License from You
10.1Retention of Rights: You retain copyright and other rights in content submitted, posted, or displayed on or through the Services. By doing so, you grant YoungMinds Online a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to reproduce, adapt, modify, translate, publish, perform, display, and distribute such content for the purpose of displaying, distributing, and promoting the Services.
10.2Syndication and Usage: This license includes the right for YoungMinds Online to make the content available to other entities with whom it has relationships for syndicated services and to use the Content in connection with providing those services.
10.3Transmission and Technical Changes: You acknowledge that YoungMinds Online may, as part of providing the Services, transmit or distribute your content over various networks and make technical changes necessary for compatibility with connecting networks, devices, services, or media. You agree to permit YoungMinds Online to take such actions under this license.
10.4Confirmation of Rights: You confirm and warrant that you possess all necessary rights, power, and authority to grant the above license.
11.Software Updates
11.1Automatic Updates: The Software you use may automatically download and install updates from YoungMinds Online to enhance, improve, and further develop the Services. You agree to receive these updates as part of your use of the Services.
12.Ending Your Relationship with YoungMinds Online
12.1Duration of Terms: The Terms will remain in effect until terminated by either you or YoungMinds Online, as outlined below.
12.2Termination Process: To terminate your legal agreement with YoungMinds Online, you may (a) unsubscribe YoungMinds Online at any time.
12.3Termination by YoungMinds Online: YoungMinds Online may terminate its legal agreement with you if: (A) You breach any provision of the Terms; (B) Termination is required by law, making the provision of Services to you unlawful; (C) The partner offering Services terminates its relationship with YoungMinds Online or ceases to provide Services to you; (D) YoungMinds Online ceases to provide Services in your country or deems it commercially unviable.
12.4Rights After Termination: This section does not affect YoungMinds Online's rights regarding Service provision under Section 3 of the Terms.
12.5Post-Termination: Upon termination, the rights, obligations, and liabilities that you and YoungMinds Online have accrued or continue indefinitely will remain unaffected.
13.Exclusion of Warranties
13.1Except as expressly stated in Sections 13 and 14, nothing in these Terms excludes or limits YoungMinds Online’s warranty or liability for losses that cannot be lawfully excluded or limited. The applicable laws in some jurisdictions may not allow the exclusion or limitation of certain warranties or conditions, or the exclusion or limitation of liability for loss or damage caused by negligence, breach of contract, or breach of implied terms. In such cases, only lawful limitations will apply, and YoungMinds Online’s liability will be limited to the maximum extent permitted by law.
13.2Your Sole Risk: You expressly understand and agree that your use of the Services is at your sole risk. The Services are provided 'as is' and 'as available.'
13.3No Warranty: YoungMinds Online, its subsidiaries, affiliates do not warrant that: (A) Your use of the Services will meet your requirements; (B) Your use will be uninterrupted, timely, secure, or error-free; (C) Information obtained through the Services will be accurate or reliable; (D) Defects in the operation or functionality of any Software provided will be corrected.
13.4Downloaded Material: Any material downloaded or obtained through the Services is done at your own discretion and risk. You are solely responsible for any damage to your system or loss of data resulting from the download of such material.
13.5No Additional Warranty: No advice or information obtained from YoungMinds Online or through the Services shall create any warranty not expressly stated in the Terms.
13.6Disclaimer: YoungMinds Online expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and noninfringement.
14.Limitation of Liability
14.1Limited Liability: Subject to the provision in paragraph 13.1 above, you understand and agree that YoungMinds Online, its subsidiaries, affiliates shall not be liable to you for: (A) Any direct, indirect, incidental, special, consequential, or exemplary damages; (B) Any loss or damage incurred, including but not limited to loss of profit, goodwill, business reputation, data, cost of substitute goods, or services, or other intangible loss; (C) Any loss or damage arising from reliance on advertising completeness, accuracy, or any relationship or transaction with advertisers or sponsors on the Services; (D) Any changes made to the Services, or permanent or temporary cessation of Services (or features within the Services); (E) Deletion, corruption, or failure to store any content or communications data maintained or transmitted through your use of the Services; (F) Your failure to provide accurate account information; (G) Your failure to keep your password or account details secure and confidential.
14.2Awareness of Limitations: The limitations on YoungMinds Online's liability in paragraph 14.1 above apply whether or not YoungMinds Online has been advised of or should have been aware of the possibility of such losses.
15.Copyright and Trademark Policies
15.1Copyright Infringement: YoungMinds Online responds to notices of alleged copyright infringement following applicable international intellectual property law, including terminating accounts of repeat infringers.
16.Other Content
16.1External Hyperlinks: The Services may contain hyperlinks to other websites or resources. YoungMinds Online has no control over external sites and does not endorse any advertising, products, or materials on or available from such sites.
16.2No Liability for External Content: YoungMinds Online is not liable for any loss or damage resulting from the availability of external sites or resources or reliance on the completeness, accuracy, or existence of advertising, products, or materials on or available from such sites.
17.General Legal Terms
17.1Third-Party Services: In the course of using the Services, you may access services, content, or products offered by third parties. Your interaction with these third-party services is subject to separate terms established between you and the respective company or individual. These Terms do not impact your legal relationship with such entities.
17.2Complete Legal Agreement: The Terms constitute the complete legal agreement governing your use of YoungMinds Online's Services, excluding any services provided under a distinct written agreement. The Terms supersede any prior agreements between you and YoungMinds Online related to the Services.
17.3Notice Delivery: YoungMinds Online may deliver notices, including those about Term changes, through email, regular mail, or postings on the Services.
17.4Enforcement Rights: The failure of YoungMinds Online to enforce any legal right or remedy in the Terms does not constitute a waiver of those rights. All rights and remedies remain available to YoungMinds Online.
17.5Invalid Provisions: Should any court with jurisdiction rule that a provision in these Terms is invalid, that specific provision will be removed without affecting the validity of the remaining Terms. The remaining provisions will continue to be enforceable.
17.6Third-Party Beneficiaries: You acknowledge that each entity within the group of companies to which YoungMinds Online belongs shall be considered third-party beneficiaries to the Terms. These companies have the right to directly enforce any provision of the Terms that benefits or grants rights to them. Apart from this, no other person or entity is a third-party beneficiary to the Terms.
17.7Governing Law and Jurisdiction: The Terms and your association with YoungMinds Online are governed by the laws of Singapore, without regard to conflict of laws provisions. Both parties consent to the exclusive jurisdiction of the courts located within Singapore to resolve any legal disputes arising from the Terms. Notwithstanding, YoungMinds Online retains the right to seek injunctive remedies or equivalent urgent legal relief in any jurisdiction.
Last updated: 1 FEB 2024
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