Our Terms of Use

Last updated: 1 May 2020

Terms of Use

Last updated: 1 May 2020

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Service.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.

By accessing or using the Service You agree to be bound by these Terms of Use.

1. Interpretation and Definitions

1.1. Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2. Definitions

For the purposes of these Terms of Use:

  • Country refers to the Commonwealth of Australia.

  • Service refers to the Website.

  • Terms of Use (also referred as “Terms”) mean these Terms of Use that form the entire agreement between You and Us regarding the use of the Service.

  • We (referred to as either “We”, “Us” or “Our” in this Agreement) refers to the owner of this Website.

  • Website refers to Albert Cheng’s Data, accessible from https://ayc-data.com

  • You means the individual accessing or using the Service, or Us, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Privacy Policy

Your access to and use of the Service is also conditioned on Your acceptance of Our Privacy Policy, which describes how We collect, use and disclosure of Your personal data when You use the Service.

3. Proprietary Rights Notice

Copyright © Albert Cheng 2020. The Service, which includes all Intellectual Property Rights therein are, is licensed under a Creative Commons Attribution 4.0 International License.

In particular, we emphasis the following term in the above licence:

Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

4. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Us.

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that We 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

5. Disclaimer of Warranties

To the maximum extent permitted under applicable law, We make no warranty of any kind, whether express, implied, statutory or otherwise, including without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limiting the foregoing, We do not make any representation or warranty of any kind, express or implied:

  • as to the operation or availability of the Service, or the information, content, and materials or products included thereon;

  • as to the accuracy, reliability, or currency of any information or content provided through the Service; or

  • that the Service, its servers, the content are free of malware or other harmful components.

6. Limitation of Liability

To the maximum extent permitted by applicable law, notwithstanding any damages that You might incur, the entire liability of Us and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to $100 (USD).

To the maximum extent permitted by applicable law, in no event shall We or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever, even if We or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

7. Governing Law, Severability and Waiver

7.1 Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

7.2. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

7.3. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.