Terms and Conditions
These Terms and Conditions (the "Terms") govern the use of the Platform and services provided by Sinoclix Energy Limited ("Sinoclix Energy"). By accessing or using the Platform, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you should not use the Platform. These Terms also apply to any future updates or modifications to the Platform or services offered by Sinoclix Energy.
1. Definitions
For the purposes of these Terms:
a) "Platform" refers to the website, app, or any other digital platform operated by Sinoclix Energy.
b) "User" refers to any individual or entity who accesses or uses the Platform.
c) "Services" refers to the range of services provided via the Platform.
2. Acceptance Of Terms
By using the Platform, you acknowledge and accept these Terms, including any amendments that may occur from time to time.
3. Access And Use Of The Platform
Sinoclix Energy grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for lawful purposes and in accordance with these Terms.
4. User Responsibilities
Users are solely responsible for all activities that occur under their account and for maintaining the confidentiality of their account information. Users agree to comply with all applicable laws and regulations in using the Platform.
5. Intellectual Property
All content on the Platform, including but not limited to text, graphics, logos, images, and software, is the property of Sinoclix Energy or its licensors and is protected by copyright and other intellectual property laws. Users may not copy, modify, distribute, or exploit any part of the Platform without prior written consent from Sinoclix Energy.
6. Account Registration
To access certain features of the Platform, Users may need to create an account. Users agree to provide accurate and complete information during the registration process and to update this information if necessary. Users are responsible for all activities under their account.
7. Warranty And Liability Disclaimer
a) The features and services on the Platform are provided on an "AS IS" and "AS AVAILABLE" basis, and Sinoclix Energy hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose. All such warranties, representations, conditions, undertakings, and terms are hereby excluded.
b) Sinoclix Energy makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness, or correctness of any information provided on or through the Platform.
c) Any material downloaded or otherwise obtained through the Platform is done at each User's sole discretion and risk, and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Sinoclix Energy or through or from the Platform shall create any warranty not expressly stated herein.
d) Under no circumstances shall Sinoclix Energy be held liable for any delay, failure, or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications, or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
e) Sinoclix Energy shall not be liable for direct or indirect damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability, or otherwise or any other damages resulting from any of the following:
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the use or the inability to use the Platform;
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any defect in data, information, or services purchased or obtained from a User or a third-party service provider through the Platform;
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violation of third-party rights or claims or demands that Users' Offer may violate or may be asserted to violate third-party rights;
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or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands, or claims by third-party rights claimants.
To the maximum extent permitted by applicable law, Sinoclix Energy shall not be liable for any indirect or consequential damages or lost profits, including, but not limited to, any consequential damages, work stoppage, breakdown, failure, or loss, or for any claim by any third party as a result of the foregoing. Sinoclix Energy's liability for damages arising out of these Terms and Conditions, however caused, regardless of the form of action, whether in contract or tort, shall be limited to, at most, the Contact Fee received by Sinoclix Energy in connection with the transaction from which liability has arisen.
8. Indemnity
a) User hereby agrees to indemnify and hold Sinoclix Energy, its affiliates, directors, officers, and employees harmless from any and all losses, claims, liabilities (including reasonable legal costs on a full indemnity basis) which may arise:
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From User's use of the Platform (including but not limited to the display of such User's information on the Platform);
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From breach of these Terms;
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From User's breach of any representations and warranties made by User to Sinoclix Energy, including but not limited to those set forth in Section 5 above;
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Directly or indirectly, as a result of any claims asserted by third-party rights claimants or other third parties relating to products offered or displayed on the Platform.
Each User hereby further agrees that Sinoclix Energy is not responsible and shall have no liability to it for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damages from such material rests entirely with each User. Sinoclix Energy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User shall cooperate with Sinoclix Energy in asserting any available defenses.
b) Provided that the User who first becomes aware of such circumstance immediately notifies Sinoclix Energy in writing of such claim, gives Sinoclix Energy full control of the defense and legal direction of the claim, immediately provides Sinoclix Energy with all reasonably available information and assistance, and has not compromised or settled such claim.
9. End Of The Relationship
Without affecting any other right or remedy available to it, Sinoclix Energy may terminate its relationship with immediate effect by giving written notice to the User if the User commits a material breach of any other term of these Terms and Conditions. For avoidance of doubt, Sinoclix Energy reserves its right to cease access to the Platform and terminate the relationship with the User in its sole discretion if it believes that the User is not using the Platform properly or does not meet the profile intended for use of the Platform.
On termination of the relationship:
(a) the right granted under Clause 5.a) (right to permit User to use the Platform) and all other licenses granted under or pursuant to these Terms and Conditions shall immediately terminate;
(b) all User's rights to access and use the Platform shall cease immediately;
(c) User shall return and make no further use of any confidential information, which shall be returned or destroyed, unless retention of any such item is required under the applicable laws;
(d) any rights, remedies, obligations, or liabilities of the Parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination, shall not be affected or prejudiced; and any provision of these Terms and Conditions which expressly or by implication is intended to come into or continue in force on or after termination of these Terms and Conditions including 5 (Intellectual Property), 9 (Data Protection), 11 (Confidentiality), 7 (Warranty and Liability Disclaimer), 8 (Indemnity), 14 (Governing Law and Jurisdiction).
10. Data Protection
The personal data collected through the Platform related to access and use of the Users, as well as communications or requests addressed between Users and Sinoclix Energy, will be processed by Sinoclix Energy, as the owner of the Platform and responsible for processing, in accordance with the applicable regulations at all times and ensuring the confidentiality of the same, as set out in the Privacy Policy and Cookies Policy.
11. Confidentiality
Each Party agrees, during the execution of these Terms and thereafter, to keep confidential, and not to use for its own purposes (other than implementation of these Terms), nor without the prior written consent of the other to disclose to any third party (except its professional advisors under obligations of confidentiality) any information of a confidential nature (including trade secrets and information of commercial value) which may become known to such Party from the other Party and which relates to the other Party or any of its customers, suppliers, or other trading partners. Without limiting the generality of this clause, the technology and design of the Platform and the Platform services and the Content shall constitute confidential information of Sinoclix Energy.
The restrictions above shall not apply to the extent that:
(i) such information is public knowledge or already known to such Party at the time of disclosure, or subsequently becomes public knowledge, in each case other than by breach of this Platform Agreement;
(ii) subsequently comes lawfully into the possession of such Party from a third Party; or
(iii) such information is required to be disclosed by law or competent authority.
Neither Party shall be responsible for any loss, destruction, alteration, or disclosure of confidential information caused by any third Party.
12. Support
Sinoclix Energy shall provide reasonable support services to Users regarding the Platform and its functionalities, subject to these Terms. The support services may include assistance with technical issues, clarifications on the Platform features, and general guidance related to the use of the Platform.
Sinoclix Energy will endeavor to respond to User inquiries and requests for support within a reasonable timeframe, but response times may vary based on the complexity and volume of requests. Users may report any incident related to the use of the Platform at: wynne@sinoclix.energy.
Support services will be provided on a best-effort basis and may be subject to certain limitations. Sinoclix Energy does not guarantee that all support inquiries or issues will be resolved, and it reserves the right to determine the level and extent of support provided.
Sinoclix Energy's support services do not extend to third-party services or applications used in connection with the Platform.
13. Governing Law And Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which Sinoclix Energy is incorporated. Any dispute or claim arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts in the jurisdiction of Sinoclix Energy's legal entity.
14. Changes To These Terms
Sinoclix Energy reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms on the Platform, and Users will be deemed to have accepted such changes by continuing to use the Platform after the posting of the updated Terms.
Last update: January 2025