Terms of Use


Welcome to v2.5 of Jala. These Terms of Use set forth the agreement between any User (“User” or “you”) and Jala Pte. Ltd. (“Jala”, “us”, “we”, or “our”) for the use the Platform and/or Services. Please read these Terms of Use carefully before using the Platform and Services.


1. DEFINITIONS

The following terms shall be defined as follows.

Account
A username, profile and password that uniquely identifies and belongs to a User.
Contribution
Any comment, chat, post, text, content, writings, video, audio, photographs, graphics, suggestions, or personal information contributed by a User on message boards, online forums and other functionality on the Platform.
Database
The repository of all Materials and Contributions of Users on the Platform.
Materials
Any material including, but not restricted to, any document, website, page, or collection of words, or information in any form that:

(a) is uploaded on the Platform by a User to be translated, or
(b) help to translate or has been translated on the Platform.
Platform
The www.jala.net website, software and API, including all of its pages and subdomains.
Services
The software translation services, being provided on the Platform.
Terms of Use
The terms and conditions set forth herein as the same may be changed or modified from time to time.
Uploading
The process of sending Materials to the Platform.
User
Any person, corporation, group, association and entity who has agreed to these Terms of Use prior to using the Platform and Services.

2. PURPOSE

2.1
Those who desire to use the Platform and Services, including without limitation individual persons, corporations, groups, associations and entities may use the Platform and Services after agreeing to these Terms of Use.
2.2
By accessing or using the Platform and Services, you agree that you have read, understood, and agree to be bound by these Terms of Use. If you disagree with any part of these Terms of Use, you may not use the Platform and Services and you must discontinue use immediately.

3. CHANGES TO TERMS

3.1
Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
3.2
We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.
3.3
It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform and Services after the date such revised Terms of Use are posted.

4. ACCOUNT AND ACCESS TO PLATFORM AND SERVICES

4.1
In order to access and use the Platform and Services, you must create an Account that includes a username and password, which is linked to your email address.
4.2
When you create an Account with us, you:
4.2.1
must provide us information that is accurate, complete, and current at all times;
4.2.2
may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene;
4.2.3
agree that you may not license, transfer, sell, or assign your Account without our written consent. You may request consent by emailing [email protected].

Any breach of this clause may result in suspension or termination of your Account and/or access and/or use (whether current or future) to the Platform and Services (or any portion thereof), without any liability to us.

4.3
You are responsible for all access to the Platform using your Account, even if the access is by another person. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
4.4
We reserve the right to change, restrict access to, suspend, or discontinue the Platform and/or Services or any part thereof, at any time and in our sole discretion.
4.5
We will use reasonable efforts to ensure that the Platform and Services are available at all times. However, we do not guarantee that the availability or performance of the Platform or Services will always be available and/or free of interruptions or errors. We shall not be liable for the consequences of any such unavailability, interruptions or errors.

5. USER PROHIBITIONS

5.1
You agree and warrant that:
5.1.1
You will not violate any applicable law or regulation, infringing any person or entity’s intellectual property rights or other proprietary rights;
5.1.2
You will not access the Platform through automated or non-human means, whether through a bot, script or otherwise;
5.1.3
You are not under the age of 18.
5.2
You may not access or use the Platform and Services for any purpose other than that for which we make the Platform and Services available. The Platform and Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. You further agree that you will not:
5.2.1
systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
5.2.2
make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
5.2.3
use the Platform to advertise or offer to sell goods and services;
5.2.4
circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and Services and/or the content contained therein;
5.2.5
trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
5.2.6
make improper use of the Platform and Services or submit false reports of abuse or misconduct;
5.2.7
engage in any automated use of the Platform, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
5.2.8
interfere with, disrupt, or create an undue burden on the Platform, Services, or the networks connected to the Platform;
5.2.9
attempt to impersonate another user or person or use the username of another user;
5.2.10
use any information obtained from the Platform in order to defame, abuse, harass, stalk, threaten, harm or otherwise violate the rights of another person;
5.2.11
use the Platform and Services as part of any effort to compete with us;
5.2.12
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform;
5.2.13
attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform;
5.2.14
harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you;
5.2.15
delete the copyright or other proprietary rights notice from any content;
5.2.16
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform;
5.2.17
except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software;
5.2.18
provide inaccurate translations by using an automatic translator intentionally and repeatedly;
5.2.19
provide inaccurate translations for the purpose of such rewards as points or badges.
5.3
For any violation of these Terms of Use, we may take the following actions without any advance notice, and at any time:
5.3.1
Suspend your access to the Platform and Services;
5.3.2
Suspend and/or terminate your Account; and/or
5.3.3
Remove any of your content, including Materials, Contributions, Account information, images and any other content we deem should be removed.

6. USER GENERATED MATERIALS AND CONTRIBUTIONS

6.1
You may upload Materials to the Platform for purposes of using the Services. At the time you upload Materials to the Platform, or at any time thereafter, you will be able to select whether such Materials are to be publicly accessible, by enabling a preview of the Materials to other users. Upon selection that such uploaded Materials are to be publicly accessible (by enabling a preview), you acknowledge and confirm that:
6.1.1
the Material is not confidential, may be accessed, used and downloaded by other Users and is generally to be treated as publicly accessible; and
6.1.2
no representation or warranty is given by Jala or any of its Users that such uploaded Materials are kept private or confidential.
6.2
The Platform may invite you or provide you with the opportunity to upload Contributions. Contributions may be viewable by other users of the Platform and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
6.3
By uploading Materials and Contributions to the Platform, you represent and agree that:
6.3.1
you are the owner of the Materials and Contributions, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other users of the Platform (if applicable) to use your Materials and Contributions in any manner contemplated by the Platform and these Terms of Use;
6.3.2
you agree that the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Materials and Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
6.3.3
your Materials and Contributions are not false, inaccurate or misleading;
6.3.4
your Materials and Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
6.3.5
your Materials and Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us);
6.3.6
your Materials and Contributions do not ridicule, mock, disparage, intimidate or abuse anyone;
6.3.7
your Materials and Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
6.3.8
your Materials and Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
6.3.9
your Materials and Contributions do not violate any law or regulation of any applicable jurisdiction concerning child pornography, or otherwise intended to protect the health or well-being of minors;
6.3.10
your Materials and Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preferences, or physical handicap;
6.3.11
your Materials and Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

7. GRANT OF LICENCE TO JALA

7.1
You acknowledge that your Materials and Contributions will be stored in the Database and/or used by Jala and the Users, and hereby grant the Users a worldwide licence to use the Materials and Contributions in accordance with the Terms of Use, and hereby grant Jala a worldwide license to use the Materials and Contributions in the Database on the following terms:
7.1.1
Jala is permitted to use, host, store, reproduce, adapt, modify, communicate, distribute and create derivative works (for example those resulting from translations, adaptations, and other changes that may be made with a view to improve the Platform and Services) at its sole discretion.
7.1.2
Jala’s use of the Materials and Contributions is solely for the purpose of operating, promoting and improving the Services and developing new services on the Platform.
7.1.3
Jala may also publicly display the Materials if you have selected that they are to be publicly accessible.
7.2
You acknowledge that Jala’s use of the Materials and Contributions constitutes fair dealing with the Materials and Contributions.
7.3
This license will survive any termination of your use of Services or the termination of your Account.
7.4
By uploading, submitting, or storing Materials or Contributions on the Platform, we are not liable for and you shall not make any claim against us for any lost profits, revenues, data or financial losses (direct or indirect), and/or special, consequential, exemplary, punitive damages that may arise from your uploading, submitting or storing Materials or Contributions on the Platform or your use and/or reliance on the Services, the Materials or Contributions on the Platform.
7.5
If you find Materials or Contributions uploaded to the Platform has breached any copyright or other laws, you can report this Material to [email protected], and we will endeavour to remove the Materials or Contributions. However, every User will bear all liability for and will indemnify us against any and all actions that may arise, for uploading Materials or Contributions that breach the laws of any country.
7.6
7.6 Subject to the Terms of Use herein, you shall continue to own any Materials and Contributions owned by you.

8. GUIDELINES FOR REVIEWS

8.1
We may provide you areas on the Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria:
8.1.1
you should have first-hand experience with the person/entity being reviewed;
8.1.2
your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
8.1.3
your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
8.1.4
your reviews should not contain references to political or illegal activity;
8.1.5
you should not be affiliated with competitors if posting negative reviews;
8.1.6
you should not make any conclusions as to the legality of conduct;
8.1.7
you may not post any false or misleading statements;
8.1.8
you may not organize a campaign encouraging others to post reviews, whether positive or negative.
8.2
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates, partners or Users.
8.3
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a worldwide license to use, host, store, reproduce, adapt, modify, communicate, distribute and create derivative works of all content relating to reviews.

9. JALA RIGHTS RESERVED

Jala asserts all rights to its logo, visual designs, artworks and illustrations, website content, and translation software exclusively. No Jala logo, visual designs, artworks or illustrations, website content, and/or Jala translation software can be used without the express written consent of Jala. You also hereby agree not to reproduce, disseminate, or commercially exploit any such proprietary rights owned by Jala.

10. SOCIAL MEDIA

10.1
As part of the functionality of the Platform, you may link your Account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:
10.1.1
providing your Third-Party Account login information through the Platform; or
10.1.2
allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
10.2
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
10.3
By granting us access to any Third-Party Accounts, you understand that:
10.3.1
we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and/or through the Platform via your Account, including without limitation any friend lists; and
10.3.2
we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your Account with the Third-Party Account.

11. LINKS TO OTHER WEBSITES

11.1
Our Platform may contain links to third-party websites or services that are not owned or controlled by Jala (“Third-Party Sites”).
11.2
Jala has no control over, and assumes no responsibility for, the content, privacy policies, or practices of the Third-Party Sites. You further acknowledge and agree that Jala shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party Sites.
11.3
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

13. SOCIAL MEDIA

13.1
The content on the Platform is not intended for distribution to or Services is not intended for use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. You are solely responsible for compliance with your local laws if and to the extent such local laws are applicable.
13.2
The use of the Platform and Services is at your own risk. The Platform and Services are provided on an “as is” basis and we make no representations as to the quality, completeness or accuracy of any content made available on the Platform, other than as set out in the Terms of Use. To the maximum extent permitted by law, we expressly exclude:
13.2.1
all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and
13.2.2
any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Platform and Services.

The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

14. GOVERNING LAW OF THESE TERMS

14.1
If you have an issue or dispute, you agree to try and resolve it with us informally by contacting us at [email protected]. These Terms of Use and any dispute arising out of them is governed by the laws of Singapore.
14.2
In the event of any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, the parties shall first attempt to resolve such dispute privately between the User and the Director of Jala. If the parties fail to resolve any dispute within 60 days after the matter was first referred to the Director of Jala, the dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.

13. SEVERABILITY

If any provision of these Terms of Use shall be prohibited by law or adjudged by a court or tribunal to be unlawful, void or unenforceable, such provision shall to the extent required be severed from these Terms of Use and rendered ineffective as far as possible without modifying the remaining provisions of these Terms of Use, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms of Use.

14. WAIVER

Any failure or delay by Jala to enforce or insist upon strict performance of any of the terms, conditions, and covenants hereof shall not be deemed a relinquishment or waiver of any right or remedy that Jala may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions, or covenants hereof, which shall continue to be in full force and effect.

15. CONTACT

In order to resolve a complaint regarding the Platform and Services or to receive further information regarding use of the Platform and Services, please contact us at:

Jala Pte Ltd.
284 River Valley Rd. #01-01
Singapore 238325
+65 6850 5146
[email protected]