Aktrea Terms of Service

1. Acceptance of Terms of Service

The System that you are currently accessing, which may include related games, simulations, calculations and interactions, apart from other content and knowledge, (herein referred as "System") is developed and published by Aktrea Capital Pte Ltd ("Aktrea"). All Intellectual Property ("IP") Rights are exclusively owned by Aktrea and its licensors, other than where such IP is from publicly available sources.

You, the user of the System (herein referred as "You/you"), are advised to read these Terms of Service ("Terms of Service") carefully and agree to them prior to accessing and using the System. Your use of the System, website and /or any other information and exchange media made available by Aktrea and any Systems that you use in connection to this are governed by these Terms of Service ("Terms of Service").

BY ACCESSING OR USING THE SYSTEM, YOU ACCEPT AND UNDERTAKE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS AND/ OR USE THE SYSTEM. Subject to your acceptance, and compliance with these Terms of Service, Aktrea grants you a personal, limited, non-exclusive, revocable and non-transferable license to use the System for your personal and commercial purposes as set forth in these Terms of Service.

Please note that the terms and conditions related to privacy and protection of your personal information are governed by the Privacy Policy provided in the Login Page ("Privacy Policy"). You hereby confirm that you have read and accepted our Privacy Policy.

2. Contact details of Aktrea

Aktrea Capital Pte Ltd
#02-01 One Fullerton
1, Fullerton Road
Singapore 049213
Contact: contact@aktrea.com

3. Provision and use of the system

Aktrea has the right to provide the System as it deems appropriate, including the right to amend the System. If access to the System requires changes in your operating environment, you shall make such changes at your own expense. Aktrea aims, on a best efforts basis, to notify you of any substantial changes that could materially affect the use of the System with a reasonable notice period.

Aktrea may suspend the System where necessary- for example, for installation, amendment or maintenance work; if laws, regulations or authorities so require; or if there are other justifiable reasons for suspension. Aktrea aims to ensure that the suspension is as short as possible. Aktrea has the right to terminate the System at its sole discretion. If any suspensions or termination of the System occur, Aktrea aims to reasonably notify you of such occurrences beforehand.

You agree to use the System in a manner that does not cause harm to Aktrea, other users or third parties. Aktrea reserves the right to terminate or restrict your access to the System without prior notice if you violate these Terms of Service or if you abuse the System or load the System to an unusual extent. Aktrea is entitled to prevent access to the System if it has reason to believe that you are engaged in illegal activities or compromise other users' or Aktrea's data security or privacy. Aktrea may use subcontractors to fulfill its obligations pertaining to the System and/or these Terms of Service.

4. Products, Payment and refund

By making payment of the amount agreed between You and Aktrea, and then accessing the System, you obtain access to certain products (herein referred as "Products") of Aktrea which may include business training programs in the form of computer games and simulations for but not limited to educational, recreational, interactional, evaluation or contributory purposes.

Any payment made to Aktrea for above mentioned products will not be refunded in any case.

5. Content

Aktrea has created the System and related products with an objective of one or more of the following purposes:

The content and the material in the System and Products (collectively referred to as "System Content") herein can be derived from any of the following sources: Aktrea sources (referred to as "Aktrea proprietary content"), public sources (referred to as "Public content"), licensed from an owner of the System ("externally licensed content") or your Company or Employer (referred to as "Customer proprietary content").

Aktrea takes reasonable efforts to provide you with System and Product information that are as accurate as possible. Aktrea does not, however, warrant that the System or Product information or other content on the System is accurate, reliable, complete or error-free.

If a Product offered by Aktrea itself appears to be contrary to the Product information provided by Aktrea, your sole remedy is to discontinue usage of the System and notify Aktrea about the same.No Payment made will be refunded in any case.

Any System content cannot be reproduced by you in any manner.

6. Intellectual Property Rights

Aktrea (or its licensors) shall own all rights, title and interest in and to the System as well as any material in or provided through the System, including any copyright, patent, trademark, design right, trade secret and any other intellectual property rights (collectively referred herein as "Intellectual Property Rights") other than the Customer Proprietary content, Public content or Externally Licensed content.

Where Customer proprietary content has been used, a separate agreement has been put in place between Aktrea and the owner of such content which allows the use of such content in the System or Products.

You acquire no ownership rights by using the System.Also, you undertake not to reverse engineer any content or System characteristics and create any System similar to, or based on System and products accessed by you.

7. Feedback

In connection with your use of the System, you may provide Aktrea with suggestions, ideas, reviews, comments, questions or other information and/or material regarding the System ("Feedback"). After providing the Feedback to Aktrea, you continue to retain any Intellectual Property Rights to the feedback so provided. You may grant Aktrea and its partners a worldwide, perpetual, irrevocable and royalty-free right and license to use, copy, amend, modify, translate, further develop and make derivative works of the feedback. You also acknowledge that you give to Aktrea, without charge, the right to commercialize your feedback in any way and for any purpose. Aktrea has no liability for any loss or damage suffered by you as a result of the disclosure or use of such feedback.

You agree not to provide Aktrea with Feedback that is subject to a third-party license that requires Aktrea to license the System or the material contained therein to third parties because Aktrea includes your feedback in the System. Further, Aktrea does not solicit or wish to receive any feedback from you that is deemed confidential or proprietary, unless specifically so requested by Aktrea. Any feedback submitted by you to Aktrea will be deemed non-confidential or non-proprietary, unless Aktrea has specifically stated otherwise.

Notwithstanding anything to the contrary, the protection of your personal data is at all times subject to Aktrea's Privacy Policy.

8. Indemnification

Under this Terms of Service, you shall be liable and agree to indemnify Aktrea and third parties for and against all damages, which are caused by your unlawful behavior or breach of these Terms of Service. For instance - you cannot use Systems to promulgate any issue which is discriminatory, defamatory, abusive or derogatory to any nation, community, government, individual, religion, enterprise, company, incorporation, and the like. Promulgating any such issue through usage of Aktrea's Systems is solely at your own discretion, and Aktrea shall not be liable for any damages arising out of it. In such cases, you will be held personally liable for all damages.

9. Links to Third party sites

The System may contain links to sites, which are owned or operated by third parties ("Third Party Sites"). Aktrea shall not be responsible for any content or products or services offered by third parties. Further, the content on Third Party Sites may be subjected to separate terms of service and/or privacy policies, the contents of which Aktrea recommends you review.

10. Force Majeure

A force majeure event shall discharge Aktrea from its obligations with respect to the System when the said event prevents or unreasonably impedes the performance pertaining to the System. Examples of force majeure include but are limited to fire, earthquake, flood, explosion, strike or other stoppage of work, orders of public authorities, disruption of energy supplies, shortage of raw materials or equipment, disruption of cable or other data communications caused by or arising from outside factors, or other comparable causes that were not foreseen and that could not reasonably have been prepared for in advance. Aktrea shall seek to announce force majeure through the System immediately whenever such announcement is possible.

11. Amendments and Termination

Aktrea has the right to amend these Terms of Service at its own discretion. Aktrea delivers the amended Terms of Service to you or your Employer/Company via the System or some other suitable means at its discretion. While an attempt will be made to separately notify you of any change to the Terms of Service, you are requested to check for any changes to the Terms of Service when you use the System. Your continued use of the System after such amendments have been made shall be deemed as your acceptance of the amended Terms of Service.

In case you object the entry into force of the amended Terms of Service and if you and Aktrea do not agree otherwise in writing, your right to use the System shall terminate on the date the amended Terms of Service enter into force.

Aktrea may also at its discretion notify you of amendments and make the amended Terms of Service available without prior notice upon the next time you access the System and make it conditional for continued use of the System by you to specifically accept the amended Terms of Service (for example by clicking "Accept"). However, if you choose not to accept the amended Terms of Service made available to you in accordance with this paragraph, your right to use the System shall terminate immediately.

If, at any time, any provision hereof becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall in no way be affected or impaired thereby. The invalid provision shall be replaced by a valid one which achieves the original purpose and commercial goal of the valid provision to the extent possible.

12. Limitation of Liability

The System is provided on an "AS IS" basis without warranties of any kind. Aktrea does not warrant that the System will function without interruptions or will be error-free. Aktrea shall not be liable for the correctness, exhaustiveness or reliability of the information or other material presented in the System nor for the content or other features of the products or services offered on or conveyed through the System. Further, Aktrea shall not be liable for the System content, including without limitation the data, or any other information exchange media on or connected with the System.

Aktrea shall not be liable for direct or indirect damages caused by a possible delay, a change or loss of a service, product or material transferred through the System. Aktrea shall not be liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, Aktrea disclaims any liability for direct or indirect damages caused to you by harmful programs (viruses, worms or the like) or incorrect content in the System. Aktrea bears no liability for damages caused by you or by a third party.

Aktrea's maximum liability for direct damages caused to you or your property is always limited to the amount paid for the Product(s) ordered by you via the System that gives reasons for the claim. Aktrea is never liable for any indirect or unforeseeable damages caused to you under any circumstances.

13. Content and possibility of taking offence to any System content

Aktrea makes no representation to the accuracy or completeness of any information herein or otherwise provided by us. This information is subject to change without notice.

This System and System content, including but not restricted to various situations and behaviors depicted, or choices made by you while accessing the System, or content displayed, is for educational purposes only and to an extent, intended to illustrate different situations and behaviors.

The main purpose of the System is to provide education and learning. Sometimes, situations, case studies, role-plays and material could depict scenarios in real-life for illustration and learning. These scenarios could be construed by some individuals as being discriminatory, insulting, demeaning or distressing. It is not Aktrea's intention to cause such reactions, and Aktrea bears no responsibility for views expressed, sentiments and opinions that might affect you or other users of the System during, and after access to the System.

The System has been created in good faith and you will be wholly responsible for any repercussions of incidents during and related to the use of the System by you, your associates and your colleagues.

System content is not intended to offend any person and not intended to be discriminatory or selective to or against any person, race, nationality, gender, orientation, ethnicity or any other categorization that may or may not exist.

By accessing the System, you agree to indemnify Aktrea against any possible legal, civil or any other action on account of discrimination or intent to malign. Any offence caused, or any sentiments hurt is purely coincidental and any resemblance of any of the characters depicted in the System to any person living or dead is deeply regretted.

14. Content not to be construed as advice for real-life situation

No reliance should be placed on the techniques mentioned herein, and expert advice should be sought prior to any real-world decision, behaviour or interaction.

Nothing in this System, including presentation, material, course or discussion is intended to be investment, behavioural or any other form of advice.

15. Applicable laws and settlement of disputes

These Terms of Service and the contractual relation related thereto shall be governed by the laws of the Republic of Singapore. Any dispute arising out of these Terms of Service or the contractual relation related thereto will be attempted to be settled amicably. If no agreement is attained, the dispute shall be settled in the Courts of Singapore.