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TERMS AND CONDITIONS OF USE – ALWAYS ON TIME (AOT)

Greetings from Always on Time (the “Platform”), operated by AOT Software Pte. Ltd. (the “Company”, “we”, “our”, or “us”). The Platform allows businesses and individuals to effectively manage their schedules and make online bookings for classes, services, manage  business functions such as invoicing and much more.

By accessing and using this Platform and our related websites, applications and content (collectively, the “Services”) you agree to be bound by the Terms and Conditions of Use (this “Agreement”).  Please also read and familiarise yourself with the AOT Privacy Policy which is incorporated by reference into this Agreement.  For purposes of this Agreement, “you” and “your” means you as the user (i.e. businesses or individuals) of the Services.

If you do not agree to and accept the terms of this Agreement (including the AOT Privacy Policy), please exit and leave this website or application immediately.

  1. Acceptance
    1. This Agreement (including the Privacy Policy) is a legally binding and enforceable contract that establishes the terms and conditions of use of our Services.
    2. By accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement. If you desire to revoke your agreement to the terms herein, you must immediately stop using the Services and cancel your account on the Platform altogether.
  1. Term

This Agreement will remain in full force and effect while you use the Services. The Company reserves the right to terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion.

  1. Changes

This Agreement may be modified by the Company from time to time and the latest version may be accessed by you at https://aot.plus/terms/ . We will try to notify you of material revisions, for example via a notice on our Platform or an email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the new Agreement. If you do not agree to the new Agreement, you must stop accessing or using the Services.

  1. Usage of Services

In order to use the Services, you are required to login into your account with us using a valid email address. We may, from time to time, update the sign in methods to include signing in using your profiles or accounts which are maintained with third parties, which may include but are not limited to Facebook and Google (“Third Parties”).

Where you do not have an account with us, you must create an account with us in order to use the Services. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. You agree that the information provided to us when you open an account with us is subject to our privacy policy. We may, from time to time, update the Platform to accept the creation of accounts with us using profiles or accounts which you maintain with Third Parties.

By signing in or creating accounts with us using such profiles or accounts maintained with Third Parties, you authorise us to access and use certain account information or profile information which you have provided to such Third Parties, including but not limited to your public profile on Facebook (First Name and/or Last Name, Country of Residence, Age, Email Address, Spoken Language and Hometown), and personal information provided to Google. For more information regarding the information we collect from you and how we use it, please review our Privacy Policy.

It is important that you keep your account password confidential and that you do not disclose it to any third party.

You also agree that you are solely responsible for the activity that occurs under your account, such as the bookings made, content, details, information (if any) that you post, or otherwise make available on the Services (collectively, “Content”).

  1. Subscription and fees

We offer simple and flexible pricing plans (monthly or yearly) to meet the budget of any business and you may choose to subscribe to any of our paid services for single studio or multi-location businesses, offered on the Platform (“Paid Services”). By subscribing to the Paid Services, you agree to pay us an administration fee, applicable fees and taxes, as well as any other costs subject to additional terms specific to the Paid Services (“Charges”) . You will not be able to use the Paid Services if you do not pay these fees.

By subscribing to the Paid Services, you agree to the following:

  • Your purchase may be subject to variations in price in accordance with prevailing foreign exchange rates at the time of purchase (if you are based overseas);
  • You agree to pay for the Paid Services in United States Dollar (USD). The Company reserves the right to display or indicate the Charges in any other currency, including but not limited to Singapore Dollar (SGD), Malaysian Ringgit (MYR), Philippine Pesos (PHP) notwithstanding that payments are to be made in USD. You agree to be bound by any exchange rate used by the Company or any payment service provider appointed by the Company to process payments made by you for the Services;
  • To declare and pay any local taxes as applicable on the subscription fees for the Paid Services;
  • You have the legal right to use any credit card(s) or other payment method(s) in connection with the purchase and that the information you supply is true, correct and complete;
  • We may store and continue billing your payment method (e.g. credit card) to use to pay other purchases you may make;
  • If you subscribe for the Paid Services, payment for fees and applicable taxes will be charged automatically on the anniversary of every preceding year or such other billing milestone as agreed in your subscription (“Billing Period”). To avoid future charges, cancel your subscription before the anniversary / renewal date;
  • All of your purchases are non-refundable. You shall not receive any refunds for any cancellation of your subscription plan prior to the completion of a Billing Period. Where you have switched your subscription plan or otherwise opted for additions, removals or changes to your subscription plan before the completion of a Billing Period, the Company shall pro-rate the Charges paid by you for the Billing Period. The Company reserves the right to offset, utilize or credit any portion of the Charges paid by you against any Charges payable for changes to your subscription plan; and
  • Taxes payable by you are calculated based on the billing information at the time of purchase

The Platform may employ the use of third-party services (“Designated Payment Methods”) for the purpose of facilitating payment and the completion of purchases and you agree that such the Company may at their sole election determine which Designated Payment Methods are used. Accordingly, you represent and warrant that there are sufficient funds or credit to complete the purchase using the Designated Payment Method on our Platform.

Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Platform are accurate, there may be instances where errors may occur. In such a case, we reserve the right to refuse or cancel your purchase at any time for reasons including but not limited to service availability, errors in the description or price of the service, error in your purchase, or if any unauthorized or illegal transaction is suspected, or other reasons.

  1. Your obligations

You hereby represent, warrant and/or undertake the following:

  1. You must be at least 18 years old or the minimum legal age in your country to use the Services.
  2. You must not impersonate any person or entity, or otherwise misrepresent you or your affiliation with any person or entity on the Platform, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
  3. You must not do anything unlawful, misleading, or fraudulent or for an illegal or unauthorised purpose on the Platform. You must not make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any portion thereof or determine or attempt to determine any source code, algorithms, methods or techniques embodied the Platform or any derivative works thereof;
  4. You shall not in the course of the business or in the course of using the Services, conduct anything unlawful, misleading, fraudulent, or otherwise illegal under the laws of any jurisdiction applicable to you;
  5. You must not distribute, license, transfer, or sell, in whole or in part, any of the content of the Platform or any derivative works thereof;
  6. You must not violate (or help or encourage others to violate) this Agreement or our policies, including the Privacy Policy;
  7. You must not do anything (or attempt) to interfere/tamper with, disrupt or impair the intended operation of the Services, disrupt our website or any networks connected to the Services/Platform, or bypass/circumvent any measures we may use to prevent or restrict access to the Services;
  8. You must not attempt to create accounts or access or collect information in unauthorised ways including creating accounts or collecting information in an automated way on the Platform without our express permission;
  9. You must not post private or confidential information or do anything on the Platform that violates someone else’s rights, including intellectual property;
  10. You must not intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age on the Platform;
  11. You must not use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting shill reviews.
  1. Monitoring of Content

You consent to us monitoring or reviewing any Content as part of the Services. We reserve the right to delete any Content, in whole or in part, or disable your user account at any time without prior notice, that in our sole judgment violates this Agreement, harms the reputation of the Services or the Company, or infringe or violate any third-party rights, or otherwise violate any applicable laws or regulations.

  1. Irrevocable Licence

By using the Services, you grant the Company, its subsidiaries, its affiliates, related companies, licensees and successors, an irrevocable license to use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content.

  1. Intellectual Property Rights

The Company owns (and is entitled to enforce) all proprietary rights in the Service, and in all content, copyright, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains copyrighted material, trademarks, and other proprietary information of the Company and its licensors.  We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.

  1. Copyright

You must not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Unless indicated otherwise, all content, images and graphics, video, audio, information, links, and other material and files (collectively, “Material”) found on this Platform are protected by copyright, trademark and other proprietary rights. You expressly agree not to copy, reproduce, download, modify, edit, use, publish, transmit, reproduce in whole or in part, directly or indirectly, any Material on this Platform without the prior written consent of the Company. You further agree to comply with all copyright, trademarks and other proprietary rights by any third parties that you may access from this Platform. The Company will not be held responsible for any copyright, trademark or proprietary rights infringements caused by third party material accessed on the Platform.

  1. Disclaimer

We are not responsible for the conduct of any user. You agree that the Company and its affiliates, subsidiaries, related entities or its partners shall not be liable (directly or indirectly) for any losses, damages or refunds whatsoever, whether direct, indirect, general, special, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service and/or any other damages resulting from communications with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users.

The Company accepts no responsibility for checking the accuracy of data, programs or materials accessed through this site and therefore makes no representation concerning its completeness, truth, accuracy or its suitability for any particular purpose. Users should rely on their own independent investigations. Before relying on any information accessed through this website or application, a user should:

  • carefully evaluate the accuracy, currency, completeness and relevance to their own circumstances of the information for the purpose for which it is to be used; and
  • obtain any appropriate professional advice relevant to the user’s particular circumstances.

Links to other websites or apps are inserted for convenience and are not an endorsement of material at those sites, or any associated organisation, product or service. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites or apps.

Information, data, programs or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may be accessible through the Services due to circumstances beyond our control and we make no representation as to the suitability of the information accessible for viewing by minors or any other persons.

By using the Services, you will be assuming all risks associated with use of the website including risk of your computer, software or data being damaged by any virus which might be transmitted or activated via the Platform/Services or your access to it.

  1. Indemnity

You hereby agree to defend, indemnify, and hold harmless to the fullest extent the Platform, the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of a breach by you or any user of your account of this Agreement or arising out of a breach of your obligations, representation and warranties under this Agreement.

  1. Warranties

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; and (iv) whether the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. To the maximum extent permitted under applicable law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

  1. Limitation of Liability

We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other objectionable content).

We cannot predict when issues may arise with the Service. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will the Platform or the Company nor any of its affiliates, subsidiaries, related entities, directors partners, officers, employees or agents shall be liable (directly or indirectly) in any way to you whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any direct or indirect economic or financial loss or damage (including loss of business, revenue, profits, goodwill, reputation, information or data) or consequential, special, indirect, exemplary, punitive or incidental damages howsoever caused or arising from any breach or failure of the Company/Service to perform any of its obligations under this Agreement.

These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

To the fullest extent permitted by applicable law, any dispute you have with any third party arising out of your use of the Service, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates, subsidiaries, related entities, directors partners, officers, employees or agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

  1. Amendments

The Company reserves the unfettered right to modify the Services with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.  You are responsible for regularly reviewing the Content to obtain timely notice of such amendments. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, and suspend or terminate users, without liability to you.

  1. Governing Law

This Agreement (and the Privacy Policy) shall be governed by and interpreted in accordance with the laws of the Republic of Singapore.

All disputes, controversies, or differences arising out of or in connection with this Agreement shall first be attempted to be mediated and resolved internally between the Parties.  The Parties hereto agree to participate in the internal mediation in good faith.  The disputes, controversies or differences shall be referred within seven (7) days to the Singapore Mediation Centre in the event the internal mediation does not work. The Parties agree to participate in mediation in good faith and undertake to abide by the terms of any settlement reached.

If the dispute cannot be resolved by mediation within sixty (60) days of the date that it is referred to mediation, then the dispute shall be submitted to the non-exclusive jurisdiction of the Courts of Singapore.

  1. General
  1. The Company does not warrant that your access and usage of the Platform will always be safe and seamless in its operation. The Platform may face delays, errors, service disruptions, time-outs and may even ‘hang’ (collectively, “Disruptions”). The Company shall not be responsible for any of these Disruptions and the Company disclaims liability for any claims, costs and damages known or unknown that may arise out of the Disruptions.
  2. You undertake not to utilise the Platform to do anything unlawful and criminal in nature. You agree to indemnify, defend and hold the Company and its staff harmless from any loss, liability, claim or demand arising out of or in connection with your access and use of the Platform and/or your breach of this Agreement.
  3. The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
  4. You shall not assign or purport to assign any of your rights or obligations under this Agreement without the prior written consent of the Company and any such assignment or purported assignment shall be null and void.
  5. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the remaining provisions of this Agreement shall not be affected or impaired thereby.
  6. No failure on the part of the Company to exercise and no delay on the part of the Company in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under this Agreement by the Company preclude any other or further exercise of it.
  7. This Agreement contains the whole agreement between you and the Company relating to the subject matter of this Agreement to the exclusion of any terms implied by law which may be excluded by contract and supersedes any previous written or oral agreement between you and the Company in relation to the matters dealt with in this Agreement.
  1. Google analytics / cookies / Facebook Business Tools
  1. We use cookies in the operation of the Platform in order to ensure its proper functioning. Cookies are small text files that are stored on a user’s computer, tablet or smartphone by an online portal when you visit it. Cookies are used to provide a better user experience when using the Platform and for record keeping, analyzing trends, administering the Platform, tracking users’ movements on the Platform, and gathering demographic information about the users. We may receive reports based on the use of cookies on an aggregated basis. This is in order for us to track and target the interests of the users using Google analytics and Facebook Business Tools to improve the Platform as well as perform business functions such as remarketing.
  2. It is not mandatory for users to enable the Platform’s cookies and users may delete or block these cookies. However, the users’ browsing experience may be negatively affected as some features of the Platform may not work as intended. The cookies may remain on your computer even after the termination of your session on the Platform and you are encouraged to delete cookies on your browser after every session.
  3. By using the Platform, you consent to our use of the cookies in the abovementioned ways and for the abovementioned purposes.
  4. The types of cookies used on this Platform are as follows:
  5. Mandatory cookies: The cookies which are essential for enabling users to access and use the Platform and their services.
  6. Preference cookies: The cookies which collect information about how users use the Platform in order for us to improve the Platform’s design and accessibility.
  7. Statistics cookies: The cookies which provide statistics and reporting on the performance of the Platform, through Google Analytics. No personally identifiable data will be collected through these cookies.
  8. Marketing cookies: The cookies which track users’ behaviour on the Platform and potentially across other websites, in order to target content that are relevant for the users. Users would not be personally identified through this information. We inform you that, in compliance with the AOT Privacy Policy, we use Google Ads and Facebook Business Tools to track behavior and perform remarketing using such marketing cookies.
  9. The Company gathers certain information and stores them in log files automatically in order to improve the Platform’s services. This information includes operating system, internet protocol addresses, internet service provider, referring/exit pages, files viewed on the Platform, date/time stamp, clickstream data and/or browser type. This information may be combined with other information the Company collects about users.
  10. The Company and/or its service providers may use local storage to store content information and preferences.
  1. Supplemental Terms – App Stores

Where the Company delivers the Platform via any application, or software package that performs the function of the Platform (“App”), by using the App, you agree to the terms and conditions under this Clause 19.

To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:

Apple

Apple is not a party to this Agreement.

The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.

Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.

In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.

Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.

Windows Phone Store

By downloading the Platform from the Windows Phone Store (or its successors) operated by Microsoft, Inc. or its affiliates, you specifically acknowledge and agree that:

  • You may install and use one copy of the Platform on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees.
  • You acknowledge that Microsoft Corporation, your phone manufacturer and network operator have no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.

Amazon Appstore

By downloading the app from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc. or affiliates (“Amazon”), you specifically acknowledge and agree that:

  • The extent of any conflict between (a) the Amazon Appstore Terms of Use or such other terms which Amazon designates as default end user license terms for the Amazon Appstore (“Amazon Appstore EULA Terms”), and (b) the other terms and conditions in these Terms, the Amazon Appstore EULA Terms shall apply with respect to your use of the Platform that you download from the Amazon Appstore, and
  • Amazon does not have any responsibility or liability related to compliance or non-compliance by The Company or you (or any other user) under these Terms or the Amazon Appstore EULA Terms.

Google Play

By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:

  • To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and;
  • You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by the Company or you (or any other user) under these Terms or the Google Play Terms.

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