Terms of Use

Last Updated: April 03, 2021

These Terms of Use have been set forth by CIRCULA RECOON (hereinafter referred to as the “Company”) regarding the TRASH PANDA app provided by the Company (hereinafter referred to as the “App”), to define its terms of use as well as the rights and obligations of the Company and the App’s users. These Terms of Use shall govern all use of the App by the users. If the user is a minor, such user shall obtain the consent of a legal representative (such as a parent or guardian) before using the App.

Article 1: Regarding the Terms of Use

All users must read through the Terms of Use and agree to them before using this app.

The Company assumes that users who use the app have agreed to the Terms of Use.

The Privacy Policy as stipulated in Article 9 of the Terms of Use, Terms and Conditions, as well as the guidelines, rules, and other precautionary articles provided in the App (hereinafter collectively referred to as “the Rules”) constitute a part of the Terms of Use. Please be sure to read over the Rules before agreeing to the Terms of Use and the Terms and Conditions.

Article 2: Regarding the App

While using this App, contents provided by the Company (hereinafter referred to as “Content”) and other various services and functions can be used via the Internet. However, the device and connection necessary to use this App (hereinafter referred to as the “Recommended Environment”) are suggested separately by the Company. The user must acknowledge beforehand that they will not be able to use the App if they do not have the Recommended Environment and must prepare the Recommended Environment by themselves.

The user is responsible for all costs incurred for Internet connection and the Recommended Environment (including communication expenses and costs related to maintaining the Recommended Environment) while using the App.

The user also acknowledges that there are age restrictions and other usage conditions for some of the Content of this App.

The purchase of Paid Content and the use of Monthly Subscription Services, to be defined in the following article, is linked to the OS ID (the Apple ID or Google account ID, hereinafter referred to as the “target ID”) of the user’s device. Regardless of the reason, if the user’s target ID is erased, the user will lose all information and rights (such as purchased Content, usage history, and information obtained through the use of the App, including all rights therein) and will be unable to use them. The user consents to the foregoing in advance.

Article 3: Regarding Paid Content and the Subscription Service

“Paid Content” shall mean Content that can be used after paying a one-time fee set respectively, and “Monthly Subscription Service” shall mean the monthly flat rate service for specific functions or Content provided on the App by the Company.

Paid Content can be purchased by users from the Company through the App, and the Monthly Subscription Service can be used by paying the Company a fee each month. In addition, payment procedures and procedures for canceling subscriptions are followed in accordance with the provisions of the company that provides payment methods for the target ID (mainly Apple Inc. or Google LLC, hereinafter referred to as the “Payment Company”). If a dispute arises between the user and the Payment Company, it shall be resolved between the concerned parties and the Company shall have no liabilities whatsoever, unless found otherwise by the law.

The prices for Paid Content and Monthly Subscription Services may be changed without notice.

Article 4: Rights Attribution

All of the copyrights (including the rights stipulated in Section 202 and 203 of the Intellectual Property Act under Copyright Law), its neighboring rights, trademarks, and other rights for this App, the Contents, and all other contents and information provided through the App (including text written for the app, images, videos, audio (including synthesized audio), data, programming, etc., all of which are collectively hereinafter referred to as “this App, etc.”) belong to the Company or a third party licensor of the Company. The user may only use them on their device through the usage methods specified by the Company on this App and only for personal use. Copying all or part of the App (excluding copies for personal use), adapting the App (including processing, modifications, or format conversions), as well as publishing, screening, renting, sales, distribution, exhibition, or public transmission (including enabling transmissions) of the App without the Company’s proper consent is not permitted.

Article 5: Disclaimers

This App, etc. (including external sites and services linked to the App) shall be provided AS-IS by the Company, without any warranty of non-defect of any kind. The Company does not warrant the reliability, accuracy, safety, merchantability, non-infringement of third-party rights or fitness for specific purposes in using this App. Users are responsible for using this App at their discretion. Excluding cases of intentional or gross negligence, the Company is not responsible for any damages caused by the use of or the inability to use the App, etc. (including trouble, such as damage to the user’s device and its data corruption/loss, as well as normal damage, special damage, loss of profits, or any other damage caused by or related to the use of this App, etc.).

Excluding cases of intentional or gross negligence, the Company shall not make any warranty regarding the App’s quality, including the reliable provision of the App, etc., access results, or security.

The Company assumes no responsibility for transactions, communications, disputes, etc. that occur between the user and other users or third parties concerning this App, etc.

The user is fully responsible for the use and management of their target ID. The Company shall not be liable for any damage caused by insufficient management or use by a third party.

Article 6: Prohibited Matters

The following acts are prohibited by users while using this App, etc.

  • Criminal acts, acts that lead to criminal acts, or acts that violate public order and morals
  • Acts that place an excessive burden on the network or system of the App, etc.
  • The reproduction, duplication, copy, transfer, public transmission (including transmission enablement), modification, disassembly, discompilation, or reverse engineering of any or all parts of this App, etc. (excluding cases where the Company pre-authorizes public transmission by the user, such as when applying to a contest planned by the Company or when posting using the share function added by the Company).
  • Acts that infringe on the rights, property, honor, privacy, etc. of the Company, other users, or third parties.
  • Acts that provide false information or use it for illegal purposes.
  • Use of the App, etc. for business activities, profit, or preparations to do so.
  • Acts that obstruct the provision of this App by the Company, as well as slander.
  • Acts of using or disposing of this App, etc. that are contrary to the Terms of Use or the Rules.
  • Acts that violate the law, the Terms of Use, or the Rules.
  • Other acts that the Company deems inappropriate.

If the user performs any act that falls under the above prohibited matters or if they otherwise violate the Terms of Use or the Rules, the Company may immediately suspend, as a whole or in part, the use of the App, etc. of the user, no matter the reason. The user must comply with the Company’s decision.

Article 7: The Suspension or Discontinuation of the App, etc.

The Company may suspend all or part of the provision of the app without prior notice for any of the following reasons.

  • For regular or urgent network, server, or system maintenance.
  • If communication lines are down due to an accident.
  • If the provision of the app is not possible due to a force of nature, such as an earthquake, lightning, fire, wind or flood damage, a blackout, or other natural disaster.
  • Other cases when the Company determines that suspension or discontinuation is necessary

The Company shall not be liable for any damage caused to the user due to the suspension or discontinuation of the App pursuant to the article above.

Article 8: Changes to or Termination of the App

The Company reserves the right to change the details of the App in whole or in part, as well as terminate the provision of the App at its convenience. The user acknowledges in advance that Paid Content and Monthly Subscription Services may not be available due to such changes or termination. On principle, in the event that the Company terminates the provision of all or part of the App, the Company shall notify the users beforehand.

Unless otherwise required by law, the Company shall not be liable for any damages caused to users by changes or termination of the App pursuant to the article above.

Article 9: Regarding the Handling of Personal Information

The Company shall handle personal information according to the provisions listed in the Company’s privacy policy (hereinafter referred to as the “Privacy Policy”) and the user shall agree to the use of their personal information as described in the Privacy Policy.

Article 10: Assignment of Status of the Terms of Use, etc.

The user shall not assign, transfer, use as collateral, or otherwise dispose of its rights or status under these Terms of Use to a third party without prior written consent from the Company.

When the Company transfers all or part of the business related to the App to a third party, accompanying such business transfer, the status in the Terms of Use and the rights and obligations under the Terms of Use may be assigned to the transferee of the subject business. The user agrees to this article regarding such assignment in advance. Additionally, the business transfer discussed in this article includes not only normal business transfers, but also all cases of business transfers, including a company split.

Article 11: Changes to the Terms of Use

The Company reserves the right to change the Terms of Use at any time. If the Company changes the Terms of Use, the Company shall notify the user of the contents of the change and the effective date by posting a message on the App. The user is deemed to have agreed to the updated Terms of Use when the user uses the App after the notification of the change.

Article 12: Severability

Even if any part of the provisions stipulated in the Terms of Use are found invalid, the validity of the other provisions shall not be affected. In that case, the invalid clause will be replaced by a valid clause that achieves the originally intended economic objective as much as possible. The user shall accept this in advance.

Article 13: Governing Laws and Jurisdiction

These Terms of Use, as well as the relationship between the Company and the user regarding the use of the App, shall be governed by Philippine laws and policies.

Article 14: Changes to This Terms of Use

The company may update its Terms of Use from time to time. Thus, the customer or client are advised to review this page periodically for any changes. Notifications will be sent to all customers or clients when any changes in the Terms of Use.

© 2021 Circula Recoon – Trash Panda. All rights reserved

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