Please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, a clause that governs jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations. By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, you should not use Services.
The following Terms govern the contractual relationships between you and One Smart Technology Company Limited, a company incorporated in Hong Kong (doing business as "OneSmart", also referred to as "Company"). Company reserves the right to modify or discontinue, temporarily or permanently, Terms of Service in whole or in part with or without notice at any time. User agrees that Company shall not be liable to them or to any third party for any modification, suspension or discontinuance of service. Please also read Company's Privacy Policy which details how Company securely handles your personal information. Company reserves the right to change Terms of Service, so check back to view these terms periodically for changes.
1.1 All access to any part of https://www.chillshorts.com ("Websites") and ChillShorts mobile applications ("Apps") is governed by terms of use ("Terms") below and our Privacy Policy located at https://www.chillshorts.com/privacy-policy. The Websites and Apps are collectively referred to as the "Services". If you do not accept any of these Terms, please discontinue your use of or access to the Services immediately.
1.2 By continuing, you acknowledge that you have read and understood these Terms and agree to be bound by these Terms.
1.3 By accessing the Services, you represent and warrant to us that: You are at least 16 years old and have the necessary legal capacity, right, power or authority to agree to these Terms.
1.4 We may from time to time update these Terms. Company reserves the right to change these terms and conditions at any time at its sole discretion. Amendments shall take effect immediately when posted on the Services. Your continued use of the Services thereafter represents your agreement to any such amendments.
1.5 In these Terms, words "we", "our" and "us" refer to One Smart Technology Company Limited, a company incorporated in Hong Kong ("OneSmart").
2.1 The accessibility and operation of the Services rely on systems, databases and technologies that may not be entirely within our control. We do not guarantee continuous accessibility or uninterrupted operation of the Services. We will not be liable to you if, for any reason, access to the Services is delayed or unavailable for any period of time.
2.2 We may at any time change, suspend, or discontinue the Services, any of their content, and/or access to part or all of it, without notice and for any reason.
2.3 During use of and access to the Services, you are required to:
2.4 In event of a non-compliance with Section 2.3, we reserve the right to terminate or restrict your access to part or all of the Services for any reason at any time without prior notice.
3.1. In order to use certain features of Service, you may need to register your Account ("Profile") and provide certain information about yourself as prompted by registration form.
3.2. If you register for an Account, you represent and warrant to Company that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of Service does not violate any applicable law or regulation or these Terms. Otherwise, Service may not operate correctly, and we may not be able to contact you with important notices.
3.3. The Service is not intended to be used by individuals under the age of 16. You hereby represent and warrant to Company that you meet the foregoing qualification. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using Service.
3.4. The Company reserves the right to suspend or terminate your Profile, or your access to Service, with or without notice to you, in the event that you breach these Terms.
3.5. You are responsible for maintaining the confidentiality of your Profile login information and are fully responsible for all activities that occur under your Profile. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Profile or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with above requirements.
Company offers certain enhanced features of Services which you can purchase as a monthly, yearly or lifetime subscription ("Subscription"). A description of features associated with Subscriptions is available via Services. When you purchase a Subscription or a Product (each, a "Transaction"), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, expiration date of your credit card and your address(es) for billing and delivery (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through Services will be presented to you before you place your order. If you choose to initiate a Transaction via Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Company may charge your credit card or third party payment processing account, including, but not limited to, your account with app store or distribution platform (like Apple App Store, or Google Play) where App is made available (each, an "App Provider"), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. Your order is not binding on Company until accepted and confirmed by Company. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with OneSmart.
Company reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Company deems appropriate in its sole discretion. Company also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Company will either not charge you or refund charges for orders that we do not process or cancel.
5.a. The Services may provide links to other websites, which we believe may be of interest to you, owned and/or operated by third parties who are not related or affiliated to Company ("Linked Websites"). The Linked Websites are provided for your convenience and information only, and inclusion of any Linked Websites does not imply any endorsement or approval of Linked Websites by Company.
5.b. Company does not control or have any supervision over, and is not responsible for, the content, hyperlink, accuracy or privacy policies of any of the Linked Websites and makes no representation or warranty with respect to the content thereof. You use the Linked Websites entirely at your own risk. Company is not a party to any transaction or arrangement between you and any of the Linked Websites. Your use of Linked Websites is subject to the terms and conditions of such Linked Websites (if any), in addition to the terms and conditions herein. If there is any inconsistency, the terms and conditions herein shall supersede.
5.c. Company shall not be liable or responsible in any way for any user generated content. OneSmart does not have any control or supervision over, and is not responsible for, what users access through OneSmart and is not responsible for any inappropriate, offensive, obscene, infringing, unlawful or otherwise objectionable or illegal user generated content you may encounter on OneSmart or arising from your use of the Services.
5.d. The Services may also contain third party advertisers (that may or may not contain embedded hyperlinks or referral buttons to Linked Websites). The display of such advertising does not in any way imply a recommendation or endorsement by Company of the relevant advertiser, its products or services or any such Linked Website. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law, Company accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
For purposes of these Terms, (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through Services; and (ii) "User Content" means any Content that users (including you) provide to be made available through Services. Content includes without limitation User Content.
Company does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Company and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that Services and Content are protected by copyright, trademark, and other laws of United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
By making any User Content available through Services you hereby grant to Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We, our affiliates, our partners and our and their respective officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about content (including user content), including but not limited to its accuracy, reliability, completeness, timeliness, or reliability.
If you choose to use the services, you do so at your sole risk. Company explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Company makes no warranty that the site, application, services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
7.2.1. In no event shall we (and our affiliates) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms or your use of, or inability to use, the service (including app or content) and products, or third party ads, even if we have been advised of the possibility of such damages. Access to, and use of, the service (including app, content and user content), and third party ads are at your own discretion and risk, and you will be solely responsible for any damage to your computing system or loss of data resulting therefrom.
7.2.2. Notwithstanding anything to the contrary contained herein, you agree that the aggregate liability of the company to you for any and all claims arising from the use of the app, content, service or products, or third party ads, is limited to the amounts you have paid to the company for access to and use of the service. The limitations of damages set forth above are fundamental elements of the basis of terms between the company and you.
7.2.3. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
7.2.4. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
You agree to indemnify and hold Company and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Company's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you.
You may cancel your Account at any time by sending an email to us at hello@onesmart.tech. If you purchase Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly.
Upon any termination, discontinuance or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Terms shall be governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by the courts of Hong Kong.
If you want to send any notice under these Terms or have any questions regarding Service and Products, you may contact us at: hello@onesmart.tech