This website and/or mobile app is operated by Yumcha Studios Pte Ltd, a company registered in the Republic of Singapore, with Unique Entity Number 20192910K, and whose official registered address is 42 Jalan Greja, Singapore 488951. Yumcha Studios Pte Ltd is also hereinafter referred to as “Yumcha Studios”, “we”, “us” and/or “our”.
Yumcha Studios takes the trust of parents very seriously and recognizes the importance of privacy concerns, especially in today’s digital environment. We are committed to protecting your/your children’s privacy.
Our Services are designed partly for children and we are committed to protecting your/your children’s privacy.
We will obtain parental consent before asking for personal information on our Children’s Platforms, unless the request for information falls within an exception that would be permitted under COPPA.
Children mainly participate in our Services by reading digital stories, listening to audio recordings, playing games and using the voice recording and practice functions. We generally do not offer any place where a child can sign up or enter personal information by themselves. In the vast majority of instances, we do not anticipate that we will be collecting any personal information directly from children.
We anticipate and assume that we will be collecting personal information only from parents or guardians, primarily in the context of paid membership registration, newsletter subscription or the purchase of items from our online Store.
If you are under the age of 13, you may only use the Services and provide personal information if you have the consent of, and are supervised by a parent or guardian.
If there is any indication a child under the age of 13 is using the Services, we will not process any personal information of that child in the absence of the parent’s or guardian’s consent. If the user is 13 and above in age, we will only collect and process personal information as long as we believe the user understands the implications of providing the information.
We do not make personal information collected from children publicly available nor do we enable children to so on our Services. We will not condition a child’s participation in any activity or service on the disclosure of more personal information than is reasonably necessary to participate in an activity.
Parents may contact us via the details below to review, update or delete any of their children’s personal information that we may have collected and to elect for us not to collect any additional personal information from their children.
Information We May Request Via Our Services
We will obtain parental consent before asking for personal information unless such request falls within an exception under COPPA. We will explain how we intend to use the information and use it only for those purposes.
The following are examples of personal information we may request on our Services, and the circumstances under which the information may be requested:
- email address;
- postal code;
- country and geolocation information;
- date of birth;
- password and other authentication information;
- responses to any customer satisfaction surveys or market research (unless these are provided anonymously);
- marketing preferences;
- children’s name(s);
- children’s date(s) of birth;
- any information you (or your child) submits as part of a competition; and
- information about your device (such as your IP address or other device identifier) and your (or your child’s) usage or the Services through cookies (and similar technologies) as further described below.
We may collect such personal information from you when you/your children:
- Create an online account or fill in any other forms on the Services;
- Contact us or request information from us in any other way. In which case, we may keep a record of any email or phone number used to contact us as well as the correspondence.
- Respond to communications from us;
- Participate in our customer satisfaction surveys or other market research;
- Communicate with us via social networking websites, third party apps or similar technologies.
- Choose to share a feature of our Services with a Friend. Visitors can provide their name, a friend’s name and email address to send a feature of our Services to the friend via email. We use such information only to fulfill the visitor’s request and do not store that information for any longer than reasonably necessary to send the relevant email.
- Subscribe to our Email Newsletters. When visitors wish to sign up to receive our email newsletters, we will ask for a parent’s name and email address. We will send a notification email to the parent and give the parent the option to decline the newsletter. If the newsletter is declined, we will not send the newsletter and will delete from our files any related personal information collected in the sign-up process. If the newsletter is not declined, we will send the newsletter. All newsletters contain instructions so that the recipient may unsubscribe at any time.
- Participate in, access or sign up to any of the Services’ activities, online content, communications or competitions.
When you browse or otherwise use the Services, we will also collect certain information about your device and your use of the Services using cookies and similar technologies as further described below.
We will indicate where any personal information we have requested is mandatory or optional. Please note that if you decide not to provide certain information which we have indicated is mandatory, in some circumstances this may mean we are unable to provide you with a certain service or product.
We may also collect personal information about you from third party sources, such as from our sub-contractors.
Anonymous Information We May Collect Automatically
We may automatically collect certain anonymous information to support the internal operations of our Services, using cookies, pixels, web beacons and similar technologies. Some of this information is collected through third-party analytics tools. Internal operations include the following:
- Monitoring metrics such as total number of visitors and traffic;
- Understanding which activities and services are most popular;
- Understanding the pages where visitors enter our Services and the pages viewed;
- Understanding in general terms the location of our users (e.g., zip code information);
- Recognizing the browsers used to visit our Services, so that the content may be adapted accordingly;
- Diagnosing and fixing technology problems;
- When you/your children use our voice practice and reading evaluation functions, the voice recordings you choose to save will be automatically sent for evaluation by software administered by a third-party sub-contractor solely to provide you/your children with feedback on fluency and pronunciation. The recordings will contain no identifying information and will be retained only on your device. We will not store the information in the voice recordings.
How We May Use You/Your Children’s Personal Information
We (or third-party data processors acting on our behalf) may collect, store and use your/your children’s personal information for the following purposes:
- to provide our Services, activities or online content and to provide information about our Services, activities and online content which may be tailored to your/your children’s individual tastes;
- to contact prize winners of competitions;
- to identify you/your child as the winner of a particular competition;
- to send out newsletters you/your children have subscribed to;
- to provide you/your children with services that you request;
- for system administration purposes and for internal operations (including troubleshooting, data analysis, and testing) to ensure the Services operate properly;
- to distinguish you from other users (for example to remember your log-in details);
- to analyse your use of the Services to improve the user experience and to ensure that content is presented in the most effective manner for you and for your device;
- to notify you of any changes to the Services;
- to provide customer support and ensure we provide a good level of customer service;
- where you have given us your consent or we are otherwise permitted by law, to contact you/your children (including by e-mail) with products and services which we think may interest you/your children. You can unsubscribe from our marketing communications at any time;
- where you have given your consent, to pass your personal information to selected third parties for marketing purposes; and
- for geo-based redirection (so that if you see the correct version of the Services depending on the country from which you are accessing the Services);
- for security and fraud prevention;
- to ensure that our Services are safe and secure; and
- to comply with applicable laws and regulations.
We may also collect information about visitors to and users of the Services for the purposes of aggregate statistics or reporting purposes.
Legal Basis for Processing Your Personal Information
We will only process your/your child’s personal information where we have a legal basis to do so. The legal basis will depend on the purposes for which we have collected and use the personal information. In almost every case the legal basis will be one of the following:
- Consent: For example, where you have provided your consent to receive certain marketing from us. You can withdraw your consent at any time, including by clicking on the “unsubscribe” link at the bottom of any marketing email we send you.
- Our legitimate business interests: Where it is necessary for us to understand our customers, promote our services and operate effectively as a provider of children’s content and related services, provided in each case that this is done in a legitimate way which does not unduly affect your or your child’s privacy and other rights.
- Compliance with law: Where we are subject to a legal obligation and need to use your personal information in order to comply with that obligation.
In any case, we will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of personal information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Where We Store Your Personal Information
How We Keep Your Personal Information
We take steps to ensure that the personal information we collect is retained for only as long as it is necessary for the purpose for which it was collected. After this period it will be deleted or in some cases anonymised.
We may retain personal information for a longer period if you have given consent to such processing, as long as such consent is not withdrawn. However, please note that where you unsubscribe from our marketing communications, we will keep a record of your email address to ensure we do not send you marketing emails in future.
We may be obliged to retain personal information for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority. Once the retention period expires, all personal information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
Sharing Personal Information with Third-Parties
We may share your/your children’s personal information with our subsidiary companies, as well as vendors/data processors who perform functions such as hosting our Services, storing associated data on our behalf, or sending out certain e-mails on our behalf.
If a third party acquires all (or substantially all) of our business and/or assets, we may disclose your/your children’s personal information to that third party in connection with the acquisition. We may also disclose your/your children’s personal information where we are required to do so by applicable law, by a governmental body or by a law enforcement agency.
We may also disclose personal information to protect the rights, property or safety of us or our users, or others, and in order to enforce or apply our terms and conditions (this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction) or where we are required to do so by applicable law, by a governmental body or by a law enforcement agency.
We are not responsible for the practices employed by any websites or services linked to or from our Platforms, including the information or content contained within them.
We strive to maintain the security of information and take appropriate technical and organisational measures to safeguard personal information that we hold about you and regularly review our security measures to consider new technologies and methods to safeguard your data. We cannot, however, guarantee that information security measures are fail-safe or guarantee that information on our Services may not be accessed, disclosed, altered, or destroyed. Please note that no transmission over the Internet can ever be guaranteed secure and we consequently cannot guarantee the security of any personal information that we receive over the Internet.
In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent you have given us your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.
You must keep your password and any other authentication information for the Services confidential. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below.
You have certain rights in relation to your personal information. These include:
- the right to withdraw consent where you have previously given their consent to the processing of your personal information.
- the right to object to the processing of your personal information if the processing is carried out on a legal basis other than consent.
- the right to learn if personal information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the personal information undergoing processing.
- the right to verify the accuracy of your personal information and ask for it to be updated or corrected.
- the right, under certain circumstances, to restrict the processing of your personal information. In this case, we will not process your personal information for any purpose other than storing it.
- the right, under certain circumstances, to obtain the erasure of your personal information from us
- the right to receive your personal information in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the personal information is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.
- the right to bring a claim before a competent data protection authority.
We will handle any request to exercise your rights in accordance with applicable law and any relevant legal exemptions. If you wish to exercise any of these rights please conduct us using the contact details below.
Applicability of Broader Protection Standards
Please note, the email address above is for privacy related queries only. For other queries please use the following email addresses:
For any technical issues: firstname.lastname@example.org
For any general queries: email@example.com
Alternatively, you can contact us in writing via the details below:
Yumcha Studios Pte Ltd
42 Jalan Greja, Singapore 488951
EFFECTIVE DATE: 15 JULY 2020
Our website uses two types of cookies: Strictly Necessary Cookies and Analytics Cookies.
Strictly Necessary Cookies: These are essential to enable you to move around our website and to allow the website to work correctly.
Analytics Cookies: We use Google Analytics for website analytics purposes. This means that we use them to improve our website by seeing how many visitors come to our website and what pages and links on our website are popular (among other things). All user information collected by Google Analytics cookies are anonymised which means no website visitor can be individually identified.
You can change your cookie preferences at any time through your browser settings. You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including Strictly Necessary Cookies) you may not be able to access all or parts of our site. To find out more about cookies you can visit www.aboutcookies.org or www.allaboutcookies.org.
We may from time to time revise this Cookies Policy so please check back regularly to keep informed of updates.
EFFECTIVE DATE: 15 JULY 2020
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND OUR APP
These terms tell you the rules for using our website http://www.dimsumwarriors.com, its content and associated mobile app (hereinafter, the “Services”).
The Services are operated by Yumcha Studios Pte Ltd, a company registered in the Republic of Singapore, with Unique Entity Number 20192910K, and whose official registered address is 42 Jalan Greja, Singapore 488951. Yumcha Studios Pte Ltd is also hereinafter referred to as “Yumcha Studios”, “we”, “us” and/or “our”.
Children and Young Persons
Changes to Our Services
We may update and change our Services from time to time to reflect changes to our products, our users’ needs and our business priorities.
We may suspend or withdraw our Services.
We do not guarantee that our Services, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
Intellectual Property: Ownership of Services and Content
The Services are owned and operated by Yumcha Studios. Yumcha Studios owns the copyright in all elements of the Services and all related intellectual property rights, including, but not limited to, all trademark rights, patent rights and moral rights. The elements of the Services include without limitation the content, software, code, data, art, graphics, animation, photographs, images, text, music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress and stylistic convention of the Services. Your use of the Services does not give you ownership of any content in the Services.
Dim Sum Warriors 点心侠 ® is a registered trademark controlled by Yumcha Studios Pte Ltd. All trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Services are registered or unregistered Trademarks of Yumcha Studios, its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees, and/or others, and may not be used unless authorized by the Trademark owner. All Trademarks not owned by us that appear on the Services, if any, are the property of their respective owners. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services.
You may access and view the Services and their content only for your personal, noncommercial use on a single computer or other Internet compatible device to enable you to use the Services, provided that you do not remove or alter any copyright or other legal notices from the Services or their content. You may not (except where we have given you express permission or you are otherwise permitted by law) modify, copy, distribute, download, upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell, or make other use of any of the Services or their content. Any use of the Services or their content, other than as explicitly permitted herein, is unauthorized and may be a violation of copyright or other proprietary rights or other applicable laws.
We respect the intellectual property rights of others and require that the people who use the Services do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent: Colin Goh, email: email@example.com
We may, from time to time, run competitions via our Services. If you wish to take part in any such competition you must at the time of entry confirm that you agree to be bound by the relevant competition terms and conditions and any other specific rules which may apply from time-to-time to any such competition.
Use of Personal Information
Right to Monitor and Editorial Control
We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Services or its features by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Agreement, the policies of Yumcha Studios or applicable law. We may also impose limits on certain features or restrict your access to part or all of the Services without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.
You warrant and agree that, while accessing or using the Services, you will not:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Services or Yumcha Studios, its affiliates, subsidiaries, distributors, vendors, licensees, licensors, or related parties;
- insert your own or a third party’s advertising, branding or other promotional content into any of the Services or their content and/or materials;
- misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
- attempt to gain unauthorized access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services.
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services through any means, including through means not intentionally made publicly available or provided for through the Services;
- engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Services, or obtaining lists of users or other information from or through the Services, including, without limitation, any information residing on any server or database connected to the Services;
- use the Services or its features in any manner that could interrupt, damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests, or attacking our Services via a denial-of-service attack or a distributed denial-of service attack.
- use the Services in violation of the intellectual property or other proprietary or legal rights of Yumcha Studios, its affiliates, subsidiaries, distributors, vendors, licensees, licensors, related parties or any third party;
- use the Services in violation of any applicable law; or
- attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services.
You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Services.
By breaching this provision, you would be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
Links to Our Services
You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You agree that if you include a link from any other website to the Services, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Services. You are not permitted to link directly to any image hosted on the Services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to link from any other website to the Services in any manner such that the Services, or any page of the Service, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We may require that any link to the Services be discontinued, and to revoke your right to link to the Services from any other web site at any time.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Services other than that set out above, please contact firstname.lastname@example.org
Links From The Services to Third Party Sites
You agree to indemnify and hold harmless Yumcha Studios and its affiliates, directors, officers, employees and agents from and against any and all claims, liabilities, and expenses (including reasonable legal fees) that may arise from your use of the Services in any way, your placement or transmission of any message, content, information, software or other materials on, to or through the Services or your violation of law or breach of the terms of this Agreement. Yumcha Studios reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of any such claims by Yumcha Studios.
General Disclaimer and Limitation of Liability
Yumcha Studios controls and operates the Services from offices in the Republic of Singapore. We make no representation that the Services or their content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Services, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if and to the extent such laws and restrictions are applicable.
The Services provide information of a general nature only and are not intended to amount to advice on which you should rely. You are responsible for determining whether such information applies to your specific situation, and for obtaining professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services. Yumcha Studios specifically disclaims any liability concerning any action that any person may take based on any information or guidance provided in the Services.
Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Services are accurate, complete, up to date or fit for a particular purpose of the Services. Yumcha Studios is not liable for any errors, omissions, or inaccurate content on the Services.
THE SERVICES AND THEIR CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. YUMCHA STUDIOS DOES NOT WARRANT THAT THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SERVICES AT YOUR OWN RISK. YUMCHA STUDIOS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and security of data input and output. YUMCHA STUDIOS MAKES NO WARRANTY THAT THE SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL YUMCHA STUDIOS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL YUMCHA STUDIOS BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). IN NO EVENT SHALL YUMCHA STUDIOS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SERVICES OR FOR ANY OF YOUR ACTIVITIES ON THE SERVICES.
Apple app users
If you access our services via our mobile app on the Apple platform, the follow terms specifically apply to you:
You acknowledge that these terms and conditions are concluded between you and us only, and not with Apple, and we, not Apple, are solely responsible for our Services and the content thereof. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. To the maximum extent permitted by applicable law, Apple will have no warranty obligations whatsoever with respect to the Services.
Your licence to use the Services is limited to a non-transferable licence to use the Services on any Apple-branded products that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service, except that the Services may also be accessed and used by other accounts associated with the you via Family Sharing.
You acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
You acknowledge that, in the event of any third party claim that the Services or your possession and use of Services infringe that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms and conditions, and that, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary thereof.
You agree that Yumcha Studios may assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under this Agreement. This Agreement is personal to you and you may not transfer or assign it to a third party.
This Agreement is governed by and is construed in accordance with the laws of the Republic of Singapore, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction of the courts of the Republic of Singapore in all disputes arising out of or relating to your use of the Services. Notwithstanding the foregoing, Yumcha Studios shall have the right to bring action against users of the Services before courts of competent jurisdiction in the jurisdiction in which such users reside or are located: (i) to seek injunctive relief against such users, (ii) to obtain a judgment against such users where a judgment by a Singapore court will, or may, not be enforced by the jurisdiction in which such user resides or is located, or (iii) to enforce a judgment obtained against such visitor in a Singapore court.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated above, then 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.
This Agreement constitutes the entire agreement between you and Yumcha Studios with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Yumcha Studios with respect to the Services. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted in this Agreement are reserved to Yumcha Studios.
How to Contact Us
You may contact us by e-mail at: email@example.com
For any technical issues: firstname.lastname@example.org
Alternatively, you can contact us in writing via the details below:
Yumcha Studios Pte Ltd
42 Jalan Greja, Singapore 488951
EFFECTIVE DATE: 15 JULY 2020