Welcome To Transense Software!
1. Your Relationship With Transense Software
1.1 Your use of Transense Software’s software, service and web sites( hereinafter referred to collectively as the “Services” in this document and excluding any services provided to you by Transense Software under a separate written agreement) is subject to the terms of a legal agreement between you and Transense. “Transense Software” means TCanada Transense Technologies Co.Ltd., whose principal place of business is at 250 - 4140 NO. 3 Road, Richmond, BC, V6X 2C2 . This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Your agreement with Transense Software will always include, at a minimum, the terms and conditions stated in this statement unless otherwise agreed in writing with Transense Software. All these terms and conditions hereinafter are referred to“Universal Terms”.
1.3 Your agreement with Transense Software will also include the terms of any Legal Notice applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that service.
1.4 The Universal Terms along with Additional Terms, form a legally binding agreement between you and Transense Software in relation to your use of the Services. Collectively, this legal agreement hereinafter is referred to as the “Terms”.
1.5 If there is any contradiction between the content of the Additional Terms and the content of the Universal Terms, the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 You must agree to the Terms at first before use the Services. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A)clicking to accept or agree to the Terms, where this option is made available to you by Transense Softweare in the user interface for any Service； or
(B) by actually using the Services. In this case, you understand and agree that Transense Software that Transense Software will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and many not accept the Terms if (a) You are not of legal age to form a binding contract with Transense Software, or (b) you are a person barred from receiving the Services under the laws of the country in which you are resident or fromwhich you use the Services.
2.4 You should print out or save a copy of the Universal Terms for your records before you continue.
3. Language of the Terms
3.1 Where Transense Software has provide you with a translation of other languages of the Terms, in addition to traditional Chinese language version, then you agree that the translation is provided for your convenience only and that the traditional Chinese language versions of the Terms will govern your relationship with Transense Google.
3.2 If there is any contradiction between the traditional Chinese language version of the Terms and translation versions of the Terms, then the traditional Chinese version shall take the precedence.
4. Provision of the Service by Transense Software
4.1 Transense Software has its subsidiaries and local service support legal entities(“Subsidiaries and Local Service Support Legal Entities”). Sometimes, these companies will be providing the Services to you on behalf of Transense Software. You acknowledge and agree that Subsidiaries and Local Service Support Legal Entities will be entitled to provide the Service to you
4.2 Transense Software is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Transense Software provides you may change from time to time without prior notice to you.
4.3 As a part of this constant innovation, you acknowledge and agree that Transense Software stop (permanently or temporarily) providing the Services to all users at Transense Software’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Transense Software when you stop using the Services.
4.4 You acknowledge and agree that if Transense Software is forbidding you accessing to your account, you may be barred from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while Transense Software may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Transense Software at any time, at Transense Software’s discretion.
5. Your Use of the Services
5.1 In order to access certain Services, you may be requested to provide information about yourself or organization (such as identification certification or organization certification and contact details) as a part of registration procedure for the Services, or as a part of you continued use of the Services. You agree that any registration information you give to Transense Software will always be accurate, correct and up to date.
5.2 You agree that you are using the Services only for purposes that are permitted by any applicable law, regulation or generally accepted practice or guidelines in the relevant jurisdictions.
5.3 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Servies).
5.4 Unless you have been specifically permitted to do so in a separate agreement with Transen Software, you agree that you will not decompile, duplicate, copy, sell, trade or resell the Services for any purpose.
5.5 You agree that you are sole responsible for any breach of your obligations under the Terms.
6. Your Passwords and Account Security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 If you become aware of any unauthorized use of your password or of your account, you agree to notify Transense Software immediately.
7. Privacy and Your Personal Information
7.1 Regarding to information about Transense Software’s data protection practices, Please read the Transense Software’s privacy policy online. The policy explains how Transense Software treats your personal information, and protects your privacy while you use the Services.
7.2 You agree to use your data in accordance with Transense Software’s privacy policies.
7.2 You agree that Transense Software use your date according to Transense Software Privacy Policy.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Transense Software(or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell ,distribute or create derivative works based on this Content (either in whole or in part) unless you have been told that you may do so by Transense Software or by the owners of that Content, in a separate agreement.
8.3 You agree that you are sole responsible for (and that Transense Software has no responsibility to you or any third party for) any Content that you create, send or display when you use the Services and for the consequences of your actions.
9. Proprietary Rights
9.1 You acknowledge and agree that Transense Software (or Transense Software’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Transense Software and that you shall not disclose such information without Transense Software’s prior written consent.
9.2 Unless you have written agreement with Transense Software, nothing in the Terms gives you a right to use any of Transense Software’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
10. License by Transense Software
10.1 Transense Software gives you a registering, worldwide, non-assignable and non-exclusive license to use the software provided to you by Transense Software as part of the Services as provided to you by Transense Software (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Transense Software, in the manner permitted by the Terms.
10.2 You may not copy, modify, edit, decompile, create a derivative work of, reverse engineer or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Transense Software, in writing.
1.3 Unless Transense Software has given you specific written permission to do so, you may not assign your rights to use the Software.
11. Software Updates
11.1 The Software which you use may automatically download and install updates from time to time from Transense Software. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to accept such updates (and permit Transense Software to deliver these to you) as part of your use of the Services.
12 Terminate Your Relationship with Transense Software
12.1 The Terms will continue to apply until terminated by either you or Transense Software as set out below.
12.2 If you want to terminate your legal agreement with Transense Software, you may do so by (a) notify Transense Software at any time and (b) stop using your accounts, and do not log in and visit the platform for two consecutive months. Your written notification should be sent to Transense Software’s address stated at the beginning of these Terms.
12.3 Transense Software may, at any time, terminate its legal agreement with you if:
(A) You have broken any provision of the Terms; or (B) Transense Software is required to do so by law, or
(C) the partner with whom Transense Software offered the Services to you has terminated its relationship with Transense Software or ceased to offer the Service to you; or
(D) Transense Software has transit to no longer providing the Services in which you are resident or from which you use the Services; or
(E) In Transense Software’s opinion, the provision of the Services to you by Transense Software is no longer commercially viable
12.4 Nothing is this Section shall affect Transense Software’s rights regarding provision of Service under Section 4 of the Terms.
12.5 When these Terms come to an end, all of the legal rights, obligation and liabilities that you have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
13. Exclusion of Warranties
13.1 Transense Software, its Subsidiaries, affiliates and its licensors give you no warranty with respect to them:
(A) your use of the Services will meet your requirements,
(B) your use of the Services will be uninterrupted, timely, secure and free from error,
(C) any information obtained by you as a result of your use of the Services is accurate or reliable, and
(D) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.
13.2 Any Material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
13.3 Any advice or information, whether oral or written, obtained by you from Transense Software or through or from the Services shall create any warranty not expressly stated in the Terms.
13.4 Transense Software further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infrigement.
14. Limitation of Liability
14.1 Subject to overall provision in paragraph 13.1 Above, you expressly understand and agree that Transense Software, its subsidiaries and affiliates and its licensors shall not be liable to you for:
(A)Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(B) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(I) Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose adverting appears on the Services;
(II) Any changes which Transense Software may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(III) The deletion of , corruption of , or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services.
(IV) Your failure to provide Transense Software with accurate account information;
(V) Your failure to keep your password or account details secure and confidential;
14.2 The limitations on Transense Software’s liability to you in paragraph 14.1 above shall apply whether or not Transense Software has been advised of or should have been aware of the possibility of any such losses arising.
14.3 Mutual Compensation
1. Our compensation should protect you for: When you use the Services in accordance with the Terms, the third party issues any compensation, dispute or lawsuit to you as a result of claims of you infringe or misuse his intellectual property. We will compensate you any loss or lawyer fee occurred in this kind of lawsuit; on the premise of that (a) you timely inform us the claim of compensation. (b) You permit us to operate, at our sole discretion, the defense and settlement of the claim of compensation. (unless you are unconditionally exempted from all responsibility through settlement, otherwise we will not achieve any compensation through the settlement.) (c) We are responsible for any expense occurred when you provide all reasonable help for us.
2. Your compensation. You should protect us. When your data or your use of the Services breach the Terms, if the third party issues any compensation as a result of your infringe or misuse his intellectual property or break applicable law, you should compensate us any loss and reasonable lawyer fees occurred, but on the premise of that (a) We permit you to operate, at your sole discretion, the defense and settlement of the claim of compensation. (unless we are unconditionally exempted from all responsibility through settlement, otherwise you will not achieve any compensation through the settlement.) (b) You are responsible for any expense occurred when we provide all reasonable help for you.
3. All compensation explanation in this section. Regarding to “claim” of any kind in this section, the indemnifying party should take all responsibility and the indemnified party should achieve all compensation.
14.4 Extent of Liability
1. Under any circumstances, all responsibility resulted from the agreement, whether it is about the engagement or infringement or any other extent of liability, can not exceed the amount you paid, or for a particular action, your responsibility should not exceed the amount you pay after the point of that action in 12 months（take the least amount between both）. The above liability does not limit your payment liability.
2. Excluded Liability of Subsequent Loss and Relevant Loss. Under any circumstances, any direct, special, occasional, inevitable, compensational or punitive loss as a result of any profit or any loss or any other reasons, whether it is due to contract engagement or infringement or any other liability extent, and no matter whether it is informed how much it lost, the other party has no obligation for compensation.
15. Copyright and Trade Mark Policies
15.1 It is Transense Software’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law.
16. Advertisements
16.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
16.2 The manner, mode and extent of advertising by Transense Software on the Services are subject to change without specific notice to you.
16.3 In consideration for Transense Software granting you access to and use of the Services, you agree that Transense Software may place such advertising on the Services.
17. Other Content
17.1 The Services may include hyperlinks to other web sites or content or resources. Transense Software may have no control over any web sites or resources which are provided by companies or persons other than Transense Software.
17.2 You acknowledge and agree that Transense Software is not responsible for the availability of any such external sites or resources, and does not endorse any adverting, products or other materials on or available form such web sites or resources.
17.3 You acknowledge and agree that Transense Software is not responsible for any loss or damage which may be incurred to you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
18. Changes to the Terms
18.1 Transense Software makes changes to the Universal Terms or Addictional Terms from time to time. When these changes are made, Transense Software will make a new copy of the Universal Terms available on Transense all-in-one platform web site, and any new Addictional Terms will be made available to you from within, or through, the affected Services.
18.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changes, Transense Software will treat your use as acceptance of the updated Universal Terms or Additional Terms.
19. General Legal Terms
19.1 The Terms constitute the whole legal agreement between you and Transense Software and govern your use of the Services ( but excluding any services which Transense Software may provide to you under a separate written agreement), and completely replace any prior agreements between you and Transense Software in relation to the Services.
19.2 You agree that Transense Software may provide you with notices, including those regarding changes to the Terms, by email, regulare mail, or posting on the Services.
19.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19.4 The Terms, and your relationship with Transense Software under the Terms, shall be governed by the laws of the HongKong. You and Transensen Software agree to submit to the exclusive jurisdiction of the courts located within the Hongkong to resolve any legal matter arising from the Terms.
Etransense.com
November 2, 2022