Welcome to Off The Record!
The following Terms of Service (Terms of Service) are applicable to mobile application Off The Record (OTR or Services) which provided by Funtacube (Company). You must read and agree to Terms of Service in order to use OTR. The Terms of Service will help you with your use of the Service so please read them carefully.1. Basic Terms
1-1. The Company will post this Terms of Service in an applicable page of the Service or send notifications thereof in other methods. The Terms of Service will have effect on anyone who agrees to them.
1-2. The Terms of Service may change, if necessary, to the extent that they do not violate relevant laws and regulations. In case of any changes, the Company, in principle, will notify or inform you about the changes prior to the effective date.
1-3. You are deemed to agree to the revised Terms and Conditions unless you express yourself after the Company notifies or informs you as described above that you are deemed to be agreeing to any changes made if you do not give refusal no later than seven (7) days after the effective date of the revised version. If you do not agree to the revised terms, you may terminate your use of the Service.
1-4. The Company may provide you with updates of the Service once a new feature is available or an unnecessary feature is removed. Please update the Service regularly so that you may use and enjoy the benefit of the Service.2. How to Use the Service
2-1. You may freely use our Services, but please do not forget that you may not misuse them as follows.
- Don't interfere with the Service or try to access them using a method other than the ones we provide or approve.
- Don’t collect or use information of the Service users or provide it to any third party. You should not use the Service for profit and send or post offensive, obscene or illegal content like information that infringes upon copyright.
- Don't copy, modify, distribute, sell, transfer, lease, or pledge any part of the Service or included software, or allow any third party to use them without the Company's consent. You should not reproduce, disassemble, duplicate or alter the Service, nor may you reverse engineer or attempt to extract the source code of the Service.
2-2. If you do not comply with our terms or policies or applicable law, the Company may investigate your misconduct, suspend or stop providing the Service to you, or restrict you from signing up again.
2-3. If you do not have any record of signing in or accessing the Service during a certain time period, we may discard or store your information separately by sending notifications within the Service or using other effective means. If there is not enough necessary information as a result, you may not be eligible to use the Service. 3. Your OTR Account
3-1. You should be the only person who signs in and should never let others use your account. You should manage your password by yourself so that others may not have unauthorized access to the Service. If you learn of any unauthorized use, please contact the Company within the Service and let us know.
3-2. The Company is not responsible for any losses resulting from your failure to secure your password. Thus we encourage you to use strong passwords with your account that cannot easily be exploited.4. Your Personal Information
5-1. You may post Content like photos, text, information, video, url, comments, replies or proposals on the Service of the Company. The owner of the relevant Content will continue to have ownership of copyrights and intellectual property rights.
5-2. You are responsible for your use of the Service, for any Content you post to the Service and for any consequences thereof. The Content you submit or display on any pages of the Service will be able to be viewed by other users. You should only provide Content that you are comfortable sharing with others under these Terms. The Company may not monitor or control all the Content posted on the Service and, we cannot take responsibility for each Content. Any use or reliance on any Content or materials posted on the Service or obtained by you through the Service is at your own risk.
5-3. When you upload and expose Content on the Service, to the extent necessary, grant the Company a worldwide and permanent license to use, store, modify, reproduce, publicly transmit or display, or distribute such content. Such license continues even if you stop using Services or if you choose to terminate your account. That is, the rights you grant in this license are for the limited purpose of operating, improving and promoting the Service and developing new ones.
5-4. Make sure you have the necessary rights to grant us this license for any Content that you submit to our Service. The person who uploads the Content is responsible for any issues arising out of not having such rights. Also, you may not submit or post offensive, obscene, violent or illegal content.
5-5. The Company may remove or refuse to display content that we believe violates our policies or the law. However, that does not necessarily mean that the Company has an obligation to monitor all the content. If you think somebody is violating your rights, you can report to us via the Service.
5-6. You understand that by using our Service, sometimes you may be exposed to Content that might be offensive, inaccurate or inappropriate. Under no circumstances will the Company be liable in any way for any Content, including but not limited to, any errors in any Content, or any damage of any kind incurred as a result of the use of any Content shared anywhere.
5-7. The Service may display some Content that is not ours. This Content is the sole responsibility of the one that makes it available. Using our Service does not give you any rights on content of other users. You may not use the Content unless you obtain permission from its owner.6. License to Use the Service
6.1 The Company grants you a personal, non-assignable, non-exclusive and royalty-free license necessary for your use of the Service provided to you by the Company as part of the Service. Please do not forget, however, that this does not grant you the right to use our trademarks, service marks, logos, branding or names.7. Paid Services
7-1. Our Services are provided free of charge, but there may be a few paid Services.
7-2. If you are using paid Services, you may use them after payments are made. We accept payment methods like mobile phone, credit card, phone call, bank transfer, deposit without a bankbook, prepaid electronic payment options, etc. Available payment methods may vary by paid Services. Payments will be automatically charged for Services billed every month unless you stop using the Service and send us a request to cancel automatic charges.
7-3. The Company may ask for more personal information necessary to proceed with the payment, and you should provide the Company with accurate information.
7-4. If you want to get a refund because you changed your mind or due to reasons attributable to you, refunds are not available.
7-5. If a single use after purchase constitutes a complete use or purchase of the paid Service the Company offers, refunds are not available once you use it.
7-6. The amount of refund will be purchase price*(365 - days of use / 365).
7-7. If the paid Service is set to last for less than one (1) month from the date of purchase, refunds will be made after deducting the amount that corresponds to the days of use from the date of termination. This provision will also apply to Services on a monthly plan.
7-8. If the paid Service is set to last for more than one (1) month from the date of purchase, refunds will be made after deducting the amount equivalent to the days of use from the date of termination as well as ten (10) percent of the amount worth the remaining days. If you request to discontinue using the Service within seven (7) days from the date you began its use, however, refunds will be made after deducting only the amount equivalent to the days of use from the date of termination.
7-9. You may take exception to the prices. However, you should send complaints within seven (7) business days from the date you came to have knowledge about causes and within fourteen (14) business days from the date such causes have occurred.
7-10. In case of a wrong payment amount or a full refund, the Company should send a refund to your original payment method. If it is impossible to refund to the original payment method or partial refunds are required for the termination of a Service, the Company will make refunds in a manner it chooses at its discretion. The Company should refund within two (2) business months from the date refund obligations.8. Terminating the Use of Service
8-1. You may request for the termination of these Terms of Service at any time by contacting using the menu provided in Service. The Company will take actions accordingly in a swift manner as required under the relevant laws and regulations.
8-2. If we detect in our reasonable judgment that you do not work at the company which you have an access account in our Service, we may suspend or terminate your account of the Service without any prior notice.
8-4. You may discontinue using paid Services after you ask for termination and the Company gives approval. However, any fees you paid for or in regards to our Services prior to termination, such fees are not refundable.
8-5. You may apply for using Services again even after you terminated Services. There may be a delay before the new state is reflected on some Services.9. Warranty Disclaimer
9-1. In providing the Service, the Company exercises reasonable skill and due care in helping you enjoy the Service to its fullest extent possible. To the extent permitted by applicable law, the Company expressly disclaims any and all promises or warranties of any kind regarding matters not set forth in the Terms of Service. For example, the Company disclaims all promises or warranties relating to the particular function or availability of content or service included in our Services, and Services are provided on an AS IS basis.
9-2. You acknowledge and agree that by using the Service, sometimes you may be exposed to Content from others that might be offensive, inaccurate, obscene, or otherwise objectionable, and agree to accept that risk. Views expressed on or through our Service do not reflect our views. We do not support above mentioned content posted by our users.
9-3. The Company make efforts to provide security measures to protect your content. However, the Company is not liable for any losses or damages resulting from the disclosure of your content.10. Limitation of Liability
10-1. To the extent permitted by law, other than as expressly set out in these Terms of Service, the Company does not make any specific promises or give warranties. Also, the Company excludes all warranties regarding the credibility and accuracy of information, data and facts in the Service provided by a content provider or posted by a user and is not liable for any loss or damage incurred to you as a result.
10-2. The Company will indemnify you for any loss which has occurred as a result of our fault in compliance with these Terms of Service and relevant laws. However, the Company will not be liable for any loss or damage caused by any of the following, and to the extent permitted by law, the Company will not be responsible for indirect, special, consequential, exemplary, or punitive damages.
- Losses due to natural disasters
- Service errors due to reasons attributable to you
- Personal losses arising from the access to or use of the Service
- Losses due to an illegal access to or use of our server by a third party
- Losses due to interference in transmission to or from our Server
- Losses due to transmission or spread of malware by a third party
- Damages arising from the use of Services by a third party including omissions, loss or destruction of transmitted data, or defamation, etc
- Other losses arising from acts of the Company that are not intentional or negligent
10-3. The Company and its affiliates’ aggregate liability under or in connection with this Terms of Service shall be limited to U.S. $50 or the aggregate amount paid by you for paid services of OTR during the two (2) months period preceding the event giving rise to such liability, whichever is larger.
10-4. If you choose to connect to a mobile network (such as 3G, 4G and LTE, etc) provided by your carrier when using the Service, please note that you may be charged additional data fees by your carrier. You’ll be responsible for any additional data charges incurred when using the Service. Please contact your carrier for further inquiries regarding your data plans.11. The Terms of Service are Subject to Change
11-1. In order to reflect changes to applicable law or changes to the Service, among other reasons, the Company may revise the Terms of Service, the instructions for use of the Service through the FAQ page and other applicable guidelines and notifications. In the event of a change to the Terms of Service, the Company will post a notification thereof on an appropriate page of the Service, and the revised Terms of Service will become effective seven (7) days after the posting of such notification.
11-2. The Company will receive your comments on the revised Terms of Service for a period from the date of the posting of such notice of the proposed revision until the effective date of the revised Terms of Services. Your failure to provide your comments within such period will be deemed as your consent to the revised Terms of Service. If you do not consent to the revised Terms of Service, our Service will be unable to provide to you.12. Notices and Announcements
12-1. For quality services, the Service and the Company may send you service announcements, administrative messages, advertisements and other information related to your use of the Service by post them on the Service.13. General
13-1. Your comments and suggestions to us are appreciated. You may, at any time, send us your comments and suggestions through the Service menu. The Company will send you various news and announcements through the Service.
13-2. The Terms of Service apply to the relationship between the Company and you only, and no third party will be entitled to any benefits under the Terms of Service.
13-3. If you fail to comply with the Terms of Service, the Company's failure to exercise or enforce any right or provision of this Terms of Service right away will not be considered a waiver of such right or provision. If any provision of the Terms of Service is held to be invalid or unenforceable, such provision will have no effect on the remaining provisions of the Terms of Service.
13-4. This Terms of Service and Services are governed by the laws of Singapore. The Company will consult with you in good faith to resolve any disputes arising out of or relating to the use of Services. If unsettled, the case may be taken to the court to be determined pursuant to the Singapore civil procedure law.
. Date of Announcement : Aug 23, 2018
. Date of Implementation : Aug 23, 2018