TERMS OF SERVICE

Terms of Service

This Terms of Service (this “Terms of Service”) governs your use of all digital products and services from Coconuts Media Limited (each, a “Service”), unless other terms and conditions expressly govern. Examples of such digital products and services include the Coconuts.co website at www.coconuts.co, the COCO+ Membership Program, and the Coconuts mobile app. These products and services are provided either directly by Coconuts Media Limited and its subsidiaries (“we”, “us”, “our”) or through various third-party platforms and devices (e.g., mobile and tablet).

1. Access and Acceptance

1.1 The following terms and conditions (these “Terms of Service”), govern your access to and use of the Services, unless other terms and conditions expressly govern.

1.2 Please read the Terms of Service before you use the website. By accessing or using the Services in any manner, you accept and agree to be bound and abide by these Term of Service and our Privacy Policy. If you do not want to agree to these Terms of Service and our Privacy Policy, you must not access or use the Services.

2. Definitions

2.1 In this Agreement, the following definitions shall apply unless the context does not permit such application:

Account(s) are created by users of Coconuts.co and refer to both free and paid accounts.

Agreement means these Terms of Service, incorporating the Privacy Policy.

Content means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content accessed through the Services.

Members means users which have created a paid Account with Coconuts.co, i.e. members of the COCO+ Membership Program.

Membership means the COCO+ Membership Program, a paid Account with Coconuts.co website, inclusive of the services provided within.

Personal Data means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access.

Service means each particular services provided by Coconut Media, such as the COCO+ Membership Program, and the Coconuts mobile app.

Users means users which have created a free Account with Coconuts.co.

3. Website Access, Registration and Use

3.1 We grant you the permission to use (i) the Services; and (ii) the Content, strictly in accordance with these Terms of Service, provided always that:

3.1.1 You will not sell, copy or reproduce, distribute, transmit, broadcast or adapt any part of the Website and the Content in any medium or format without our prior written consent; and

3.1.2 Upon notice from us, you will forthwith cease the use of and delete or otherwise remove any Content from your premises, computer system or other forms of storage (whether physical or electronic) and databases.

3.2 Changes to Agreement

We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been “updated” or similar words). The changes also will appear in this document. By using a Service after changes are made to this Agreement you signify that you agree to be bound by such changes.

3.3 Term and Renewal

This Agreement shall remain in full force and effect while you use the Services. Your Membership will renew automatically until it is cancelled in accordance with this Section. You must cancel your membership before it renews in order to avoid billing of membership fees for the renewal term to your credit card or Paypal account.

3.4 Membership Cancellation/Suspension Policy

3.4.1 We may cancel, suspend and/or restrict your Membership or Account at any time upon notice to you. You may cancel your Membership prior to any renewal term by contacting our Customer Service at membership@coconuts.co or using the Membership section of your Coconuts Profile page following instructions here.

3.4.2 You agree not to hold Coconuts Media liable or responsible for any loss or damage incurred by you arising out of or in connection with the cancellation and/or suspension of your Membership or Account.

3.4.3 If you believe someone has accessed a Service using your user name and password without your authorization, please immediately notify us by emailing membership@coconuts.co.

4. Community; User Generated Content

4.1 User Content

We offer you the opportunity to comment on and engage in discussions regarding our Content. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities are referred to as “User Content” in this Agreement and are subject to various terms and conditions as set forth below.

4.2 Cautions Regarding Other Users and User Content

You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. We do not endorse any recommendation or opinion made by any user. We reserve the right to monitor or remove any User Content from the Services at any time without notice, without assigning any reason whatsoever. You should also be aware that other users may use our Services for personal gain. As a result, please approach messages with appropriate skepticism. User Content may be misleading, deceptive, or in error.

4.3 Grant of Rights and Representations by You

4.3.1 If you upload, post or submit any User Content on a Service, you represent and warrant that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the proprietary or other rights of any third party. You agree that upon uploading, posting or submitting information on the Services, you grant Coconuts Media, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable right and license to use, distribute, publicly perform, display, translate, adapt reproduce, and create derivative works from your User Content in any and all media or technology, now known or later developed, in any manner, in whole or part, with or without attribution, without any duty to compensate you.

4.3.2 You waive all moral rights you may have in any User Content. You agree that we may modify or alter your User Content without seeking further permission from you. You also grant us the right to authorize the use of User Content, or any portion thereof, by users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the Services and to allow other users to request access to your User Content, such as for example through an RSS Feed. You agree that you are financially responsible for any claim against us arising from any User Content you create.

4.4 Rules of Conduct

All users must comply with the Coconuts Comment Policies.

4.5 Limitation on Use

4.5.1 Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise.

4.5.2 The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow students or employees, with the following exceptions:

a. You may occasionally distribute a copy of an article, or a portion of an article, from a Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase “Used with permission from Coconuts”.

b. You may occasionally use our email sharing function service to e-mail an article from a Service to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from a Service.

c. While you may occasionally download and store articles from the Services for your personal use, you may not otherwise provide others with access to such articles. The foregoing does not apply to any sharing functionality we provide through the Services that expressly allows you to share articles or links to articles with others. In addition, you may not use articles you have downloaded for personal use to develop or operate an automated trading system or for data or text mining.

4.6 Other Uses

If you access a Service without paying or registering, you are hereby notified that all the terms and conditions of this Agreement except the section labeled “Term and Renewal”, “Contest and Promotions” and “Fees and Payments” apply to your use and access of the Service.

5. Contest and Promotions

5.1 From time to time, we, our advertisers, suppliers or other parties may conduct promotions and other activities on, through or in connection with one or more the Services, including, without limitation, contests and sweepstakes (collectively, “Promotions”). In some case, you may be able to win a prize (“Prize”) as part of a Promotion. Each Promotion may have additional terms and/or rules or eligibility requirements which shall be posted or otherwise made available to you in connection therewith in accordance with applicable law.

6. Intellectual Property Rights

6.1 All Content and technology available on or underlying the Services, including, but not limited to, text, graphics, logos, button icons, images, audio clips, audio visual content, data compilations, scripts, photograph, interactive features and software, and the intellectual property rights in and to such Content, is owned by or licensed to us, and is protected by and subject to copyright and other intellectual property rights laws, international conventions and treaties around the world.

6.2 Except as set forth in the limited licence in clause 3.1 above, neither the Services, nor any portion of the Services or any Content may be used, reproduced, duplicated, copied, sold or otherwise exploited for any purpose without our prior written consent. All such rights are reserved.

6.3 The trade dress of the Services, trade marks, logos, and service marks displayed on the Services (collectively the “Trade Marks”) are registered and unregistered marks owned by us or our licensors. Nothing contained within the Services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use, copy or imitate any Trade Marks without the prior written consent of the relevant owner. We reserve all rights not expressly granted in and to the Trade Marks.

7. Fees and Payments

7.1 You must be 18 years of age or older to purchase a Membership to the Services or any other content, product, or service offered by us through the Services. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf.

7.2 You agree to pay the Membership fees and any other charges incurred in connection with your Account for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your Membership includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges automatically to your credit card or Paypal account. Membership fees will be billed at the beginning of your subscription and at any renewal.

7.3 As a general matter, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel.

7.4 You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.

7.5 Fees are payable by credit card or through PayPal.

8. Personal Data and Privacy

Coconut Media’s Privacy Policy can be found here, and is incorporated into these Terms of Service by reference.

9. Services provided via other platforms (3Ps)

9.1 If you access a Service through a mobile application or other type of third-party platform, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platforms terms in addition to this Agreement.

9.2 From time to time, we may use a third party not affiliated with us to process payments for a Service (a “Third-party Processor”). You agree that this Third-party Processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third-party Processor, you may be additionally subject to the terms of use and privacy policy of the Third-party Processor.

10. Warranty and disclaimer

10.1 You agree that your use of the Services and its content shall be at your sole risk. To the fullest extent permitted by law, we (and/or our related entities), our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Services and your use thereof. We make no warranties or representations or guarantees about the accuracy or completeness of Content or the content of any sites linked in the Services and assume no liability or responsibility for any:

10.1.1 errors, mistakes, or inaccuracies of content;

10.1.2 death, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services or inability to access or use the Services;

10.1.3 any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user communication, or any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

10.1.4 any interruption or cessation of transmission to or from the Services, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any equipment due to technical problems or traffic congestion on the internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services;

10.1.5 any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party; and/or

10.1.6 errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, e-mailed, transmitted, or otherwise made available via the Services.

11. Limitation of liability

11.1 In no event shall we (and/or our related entities), our officers, directors, employees, or agents, be liable to you for any damages howsoever resulting from any:

11.1.1 errors, mistakes, or inaccuracies of content;

11.1.2 death, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services;

11.1.3 any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user communication, or any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

11.1.4 any interruption or cessation of transmission to or from the Services, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any equipment due to technical problems or traffic congestion on the internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services;

11.1.5 any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Services by any third-party; and/or

11.1.6 any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content uploaded, posted, e-mailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.

11.2 The foregoing limitation of liability shall apply to the fullest extent permitted by applicable laws.

12. Indemnity

12.1 To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless us, our affiliates and related entities, and the officers, directors, employees and agents of each such foregoing entity, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) arising from:

12.1.1 your use of and access to our Services;

12.1.2 your violation of any term of these Terms of Service; or

12.1.3 your violation of any third-party right, including without limitation any intellectual property, property, or privacy right.

12.2 This clause will survive these Terms of Service and your use of our Services.

13. General

13.1 These Terms of Service, together with our Privacy Policy and any other terms and conditions incorporated hereunder, shall constitute the entire agreement between you and us concerning the Services.

13.2 The headings and section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

13.3 These Terms of Service operate to the fullest extent permissible by law. If any provision of these Terms of Service is unlawful, void, or unenforceable, that provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.

13.4 No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or waiver.

13.5 No third party shall have any right pursuant to the Contract (Rights of Third Parties) Act (Cap 53B) to enforce any of the above terms and conditions

14. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without any restriction whatsoever.

15. Notice

15.1 The operator of this Website is Coconuts Media Limited, a company registered in Hong Kong.

15.2 All notices given by you to us must be given to Coconuts Media Limited at info@coconuts.co.

16. Governing Law and Dispute Resolution

16.1 These Terms of Service shall be governed by and construed in accordance with the laws of Singapore, and any dispute or claim arising out of or in connection with them shall be subject to the exclusive jurisdiction of the courts of Singapore.

16.2 All disputes arising out of or in connection with these Terms of Service, including disputes as to their existence, validity or termination, shall be referred to arbitration for final and binding settlement. The arbitration shall take place in Singapore at the Singapore International Arbitration Centre (“SIAC”) and the arbitration shall be conducted according to the SIAC Rules for the time being in force. The tribunal shall consist of one arbitrator to be appointed in accordance with the SIAC Rules. The language of the arbitration shall be English. The arbitrator must give full force and effect to all of the terms and provisions of these Terms of Service in resolving all such disputes. The arbitration award shall be final and binding on both parties, who shall fulfil its terms accordingly. The arbitration fee shall be borne by the losing party.

16.3 You and Coconuts Media each agree that each may bring claims against the other only in its individual capacity and not as a member of any purported class or representative action. You and Coconuts Media agree that no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

COCONUTS® is a trademark of Coconuts Media Limited.

Coconuts Media Limited
Room 3806, Central Plaza
18 Harbour Road, Wanchai
Hong Kong

Updated June 5, 2018