Welcome to Plinkit® (“PLINKIT”, “we,” “us” or “our”). Our mission is to make it simpler to learn about your child’s development and do something about it. Our products, services and website (“Services”) are provided by Plinkit Pte. Ltd. (“PLINKIT”), located at 30 Cecil Street, #19-08, Prudential Tower, Singapore, 049712.
By using our Services, you are agreeing to these Terms of Service (“Agreement”). Please read this Agreement carefully. This Agreement is a legal and binding agreement between you and PLINKIT and governs your access to and use of our Services. If you do not agree to this Agreement, you may not use our Services.
Using Our Services
You must comply with this Agreement, our Privacy Policy, and any other policies or guidelines made available to you by PLINKIT. You agree that you are solely responsible for any breach of your obligations under this Agreement and for the consequences of any such breach.
Basic Requirements. To use our Services, you will need a device that meets the system and compatibility requirements, working internet access, and compatible software. Such system requirements are your responsibility.
Age Restrictions. You represent you are of legal age in your jurisdiction of residence to form a binding contract.
Registration. We may request registration information from you before you may access certain areas of our Services, including without limitation to submit orders or to receive information from us via email. You may not register to use our Services if you are under the age of 18. You agree to provide us with true, accurate, current and complete account information and to update that information when necessary. To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account, including any charges incurred. You agree to immediately notify us of any unauthorized use of your username, password or account or any other breach of security. If you choose a username that, in our sole discretion, is obscene, indecent, abusive or which might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your submissions and/or posts from our Services, deny you access to our Services, or any combination of these options.
Notices. PLINKIT may provide certain notifications, administrative messages, announcements and other information in connection with your use of our Services. You may opt out of some forms of notifications as described in this Agreement and our Privacy Policy.
Privacy. PLINKIT takes your privacy seriously and operates under the policies and principles outlined in our Privacy Policy, which contains important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of our Services. By using our Services, you agree that PLINKIT can use such data in accordance with our Privacy Policy.
Content Restrictions. You may not use our Services to access or share in any manner any content that: (1) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (2) violates any law or regulation or the rights of others; (3) causes duress, distress or discomfort to another or is likely to deter or discourage others from using our Services; and/or (4) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity.
Misuse. You may use our Services only as permitted by this Agreement and any applicable laws and regulations. You agree that you will not violate or attempt to violate the security of our Services. You agree that you will not engage in any activity that interferes with, alters, modifies or disrupts our Services or any content posted and/or displayed on our Services by us or anyone else. You agree that you will not act in a way that affects or reflects negatively on PLINKIT, our Services, or anyone else. You agree that you will not attempt to collect any information from other users of our Services or send unsolicited e-mail or other information, including promotions or advertising to other users of our Services without their express consent. You agree not to use our Services for any commercial purposes unless you obtain PLINKIT’s prior written approval. We may suspend or stop providing our Services to you if you fail to comply with this Agreement or our policies, or if we are investigating you for suspected misuse of our Services.
Linking. You may create a hyperlink to our Services so long as you do not portray PLINKIT or our Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PLINKIT trademark, logo or other proprietary intellectual property (i.e. images or designs) as part of the link without PLINKIT’S express written permission. You agree you will not frame or mirror any part of our Services without our express prior written consent.
Intellectual Property Rights
Using the Services does not give you ownership of any intellectual property rights in our Services or the content you access through our Services. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. You agree that you will not duplicate or otherwise reproduce or sell the Services or the content you access through our Services.
The PLINKIT logos and other trademarks are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by PLINKIT and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
PLINKIT owns all right title and interest in and to our Services, including any intellectual property rights within the services, whether registered or not. content received through our Services may be accessed for your personal, non-commercial use only. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Services or the content, and PLINKIT reserves all rights not expressly granted hereunder. All content is Copyright © 2017 PLINKIT. All rights reserved.
You agree that you will promptly notify PLINKIT in writing upon your discovery of any unauthorized use or infringement of our Services or or PLINKIT’s patent, copyright, trade secret, trademarks or other intellectual property rights.
Purchases from PLINKIT
PLINKIT offers products to customers via our Services. The ability of customers to place orders via our Services is only available to persons residing in the United States of America. When it comes to buying products or services when using the Internet, it is recommended that you always conduct your own investigations. This includes buying any products or services offered or sold as part of, or through, our Services.
PLINKIT may use any number of third party services to process payments and fulfill orders for goods and services found on our Services. It is your responsibility to review the terms, if any, for use of such third party service providers. PLINKIT makes no representation as to any third-party services except where required by law. You may not place an order for any goods offered by our Services if you are under 18 years of age.
Content in our Services
Your Content. Our Services may allow you to submit content. You retain ownership of any intellectual property rights in your content and you agree that you are solely responsible for any content you create, transmit or display while using our Services. When you submit content through our Services, you give PLINKIT a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content for the purpose of operating, improving and promoting our current Services, or developing new products and services. This license continues even after you stop using our Services. You represent that you have the necessary rights to grant this license for any content you submit through our Services.
Third Party Content. Our Services may contain content or hyperlinks to other sites or resources on the Internet that are not owned or controlled by PLINKIT (“Third Party Content”). All Third Party Content is the sole responsibility of the entity or person from which that content originated. PLINKIT does not endorse, warrant or make any representation regarding the legality, accuracy, quality or authenticity of any Third Party Content and only provide this content to you as a convenience.
You expressly relieve PLINKIT from any and all liability arising from your access and use of any Third Party Content. You further understand that if you use hyperlinks to access Third Party Content, you do so at your own risk, and you understand that this Agreement and PLINKIT’S and Privacy Policy do not apply to your use of such sites. Your dealings with or participation in purchases from third parties found via our Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that PLINKIT shall not be responsible for any loss or damage relating to your dealings with any third parties.
Educational Purposes. The information provided in or through our Services is for educational and informational purposes only, and is made available to you at your own risk. Any information provided by us is not intended to be a substitute for medical, legal or financial, or other expert advice that can be provided by your own physician, attorney, accountant, financial advisor, and/or other expert. Our role is to provide information, but your success depends primarily on your own effort, motivation, commitment and actions. Every child is different; every parent, teacher and child development expert is different. You agree that we are not responsible for the success or failure of you or your child’s behavior or actions, or any other result of any kind that you may have as a result of information presented to you on the Service.
Objectionable Material. Some content on our Services may contain content descriptions. Content descriptions are provided for convenience, and you acknowledge and agree that PLINKIT does not guarantee their accuracy. You understand that in using our Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. You agree to use our Services at your sole risk and that PLINKIT shall have no liability to you for any such content.
Content Removal. Honesty and integrity is important to us at all times. If you find something displayed on our Services, which you do not agree with, then please contact us immediately at hello@myplinkit.com and we will look into it. We reserve the right to withdraw the display of any content that does not reach our very high levels of satisfaction without any prior notice.
We respond to notices of alleged copyright infringement. If you think somebody is violating your copyrights, please notify us at hello@myplinkit.com. Please note that with regard to any content made available on or through our Services which contains or displays a third party logo (i.e. YouTube, Vimeo, etc.) or which is provided via a third party’s player and is hosted on a third party’s servers; PLINKIT does not have the ability to permanently remove all or any such content from the third party’s servers. Therefore, if you have a complaint concerning any video content made available on our Services that is provided by a third party, you should contact the third party directly in accordance with copyright policies of the third party. If you believe that your work is available on our Services via a third party player in a way that constitutes copyright infringement, please: (1) contact the third party directly in accordance with its copyright policies; and (2) contact PLINKIT by sending us a notice at hello@myplinkit.com.
“As Is” Content. You acknowledge and agree to the essential condition that our Services are provided “As Is”. Therefore, you are aware and agree that our Services might not be suitable for your purposes or satisfy your expectations or requirements with respect to it.
PLINKIT shall not have any liability arising from your acts or decisions based upon the information provided on the Services. PLINKIT has no liability and you bear the sole and exclusive risk associated with your use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with our Services.
PLINKIT will recommend products and services based in part on a good faith belief that the supply of such products or services will help you. We have a good faith belief, because we have either tried the products or services prior to making any recommendations, or we have researched the products or services based on the supplier’s history. The recommendations made by PLINKIT about the products or services are honest opinions based on facts known to us at the time a product or service is mentioned on the Services. That said, you acknowledge and agree that our Services may not be helpful to you, or could contain errors or other harmful components. Prior to accessing our Services we recommend that you ensure, at your cost, that our Services will suit your requirements and needs and that our Services will not have any negative impact on your computer and/or your media player system. Prior to making any decisions based on information posted on the Services, you are advised to verify the information.
Service Operation
PLINKIT will make reasonable efforts to keep our Services operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of PLINKIT may, from time to time, result in temporary Services interruptions. PLINKIT also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Services with or without notice. You agree that PLINKIT shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to our Services.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF AND ACCESS TO THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES, THE MYPLINKIT.COM WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PLINKIT, ITS CONTENT PROVIDERS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT PLINKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
FURTHER, PLINKIT IS NOT LIABLE FOR ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING FROM ANY USE OR MISUSE OF ANY GOODS OR SERVICES OFFERED THROUGH THE SERVICES OR BY ANY THIRD PARTY. YOU UNDERSTAND CERTAIN GOODS MAY CONTAIN MATERIALS THAT COULD BE DANGEROUS IF HANDLED IMPROPERLY. CERTAIN GOODS MAY NOT BE SUITABLE FOR USE BY CHILDREN OF CERTAIN AGES, AND YOU EXPRESSLY ASSUME SOLE LIABILITY FOR PROVIDING ANY INDIVIDUAL UNDER THE AGE OF 18 WITH ACCESS TO ANY GOODS.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Services is at your sole risk. PLINKIT reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Services, or to deny access to the Services to anyone at any time.
General Legal Terms
Indemnification. You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement, and/or (b) your use of the Services. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
Governing Law. The Services are created, operated and controlled by PLINKIT in Singapore. The laws of Singapore will govern this Agreement, excluding Singapore’s conflict of laws rules. All claims arising out of or relating to this Agreement or our Services will be litigated exclusively in the courts of Singapore, and you and PLINKIT consent to personal jurisdiction in those courts.
Enforceability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement.
No Waiver. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
No Assignment. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception.
Entire Agreement. This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to our Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Services.
Survival. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; provided, however, NO ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICES, REGARDLESS OF FORM OR THE BASIS OF THE CLAIM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN (OR IF MULTIPLE CAUSES, FROM THE DATE THE FIRST SUCH CAUSE AROSE) AND YOU HEREBY WAIVE ANY LONGER STATUTE OF LIMITATIONS THAT MAY BE PERMITTED BY LAW.
Termination
Termination by PLINKIT. PLINKIT may terminate this Agreement, restrict, suspend or terminate your use of the Services immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us. Without limitation of any other provisions hereof regarding termination, we reserve the right to terminate your use of the Services, without cause, upon reasonable notice.
Termination by You. You may terminate this Agreement by ceasing to use the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon termination for any reason or no reason, you continue to be bound by this Agreement. Termination of this Agreement shall not relieve you of any obligations to pay accrued charges, if applicable.
Modification
PLINKIT reserves the right, in our discretion, to change, modify, add or remove portions of this Agreement at any time and from time to time, without prior notice to you. All revisions will be posted to the Services. We urge you to review this Agreement periodically. Your continued use of the Services means that you accept those changes.
How to Contact Us
Plinkit Pte. Ltd.
3450 Sacramento, St., #150
San Francisco, CA 94118
Last updated on October 5, 2017.
