Terms of Use

WELCOME TO “ONTHEGOAL”

1. Introduction

OnTheGoal is an all-encompassing planning App that helps users set goals, plan their tasks and events that are focused on achieving their goals. It is designed as a goal-centric task management App that also covers event scheduling.

1.1 Definitions

Given below is a brief explanation to a set of terms that are repeatedly used within the context of these Terms of Service:

a. Agreement means the agreement formed between the Users and the Company underthese Terms of Service.

b. Card is a visual component on which goals, tasks and event details are entered and the expanded card panel is where additional details such as notes, attachments, and comments are included.

c. Company means Newgenkids Pte Ltd, Singapore, the company behind the creation of this product.

d. Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product designs, images, videos, content, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.

e. Privacy Policy means the privacy policy established and updated from time to time by the company and published at www.onthegoal.com/privacy-policy.html

f. Service means OnTheGoal digital platform comprising web application, its associated programs, features, content and services accessed from www.onthegoal.com/ and also any applications developed for Windows, Mac, mobile phones and other digital devices

g. Subscription Fee means a Fee that may be charged by the company in future when releasing the premium version of OnTheGoal

h. Terms of Use means the terms and conditions created by the company for its users using OnTheGoal.

i. TPS means an online third-party service provider with whom a User holds an account.

j. User means any registered user of OnTheGoal

k. User Content means written content, images, videos, information, documents or other data that is input or uploaded by the User into OnTheGoal digital platform

By using this Service, users agree to be bound by the Terms of use set forth herein. Please therefore read these Terms of use carefully before using this Service.

2. Acceptance of terms

By registering or using this Service in any manner (including downloading the app) users agree to the Terms of use and all other rules, policies and procedures that may be published from time to time. These terms also apply to all types of users of this Service, including without limitation users who contribute content, information or other materials or services, registered or otherwise.

3. Modification of terms

The Company reserves the right to alter, modify or replace these terms at any time. The company may also limit or impose restrictions on access to certain parts of this service or reserve the right to limit, suspend or discontinue the whole or part of the Service by posting a notice within the service or by notifying users through email. It is the user’s responsibility to check these Terms of Use periodically for changes. By continuing to use this Service after we post any changes to these terms, the user agrees to accept those changes, whether or not the users have reviewed them or been notified about them. If at any time the user chooses not to accept these terms of use, then they should not use this Service.

4. Eligibility

This service is not directed to children under the age of 13 and the Company will not knowingly collect personally identifiable information from children under 13. The user represents and warrants that they are at least 13 years of age. If the user is below 13 years of age, he/she may not use this Service under any circumstances. The Company may at its sole discretion refuse to offer this service to any person or entity and may change the eligibility criteria at any time. Users are solely responsible to make sure that they are in compliance with all laws, rules and regulations applicable to them. User’s right to access this service may be terminated where these Terms of Use or using this Service is prohibited. Also the right to use this service is only given to a registered user of this Service and not to any third parties.

5. Proper Use

a. The User agreesthat he/she will use this service properly for their personal and lawful use only.

b. The user shall not use this service to engage in any conduct that is immoral, unlawful, abusive, threatening or unreasonable as determined at the discretion of the company.

c. Users should not store any sensitive information like credit card details, bank account details, password details etc. on this Service. The Company is not responsible for any information stored with the Service.

d. Users are not allowed to download the images on their computer or other hand held devices even if it is for personal or non-commercial use.

e. No print out or electronic version of any part of the contents of this Service may be used by the user in any litigation or arbitration matter whatsoever under any circumstances.

6. Registration and Login

1. While the website (forming part of this service) is available to unregistered users, access to the Application within this Service is only available only to registered users.

2. Users must create an “Account” by registering with the service or sign up using Third Party Services (TPS) like Facebook, Google, Slack etc.

3. Users may connect their profile with a TPS by providing their TPS login information through our service or allowus to access user’s TPS in accordance with the terms of this service.

4. When connecting to this service using a TPS, users confirm that theyare not breaching any of the terms and conditions of their TPS and those users authorise us to use data from that TPS to create the User profile within this service.

5. The user agrees that if the TPS becomes unavailable, then access to this Service may be unavailable and additionally user may lose content or functionality that is shared between TPS and this service.

6. The company has no relationship with any TPS and cannot guarantee efficacy of any TPS connection.

7. It is user’s responsibility to provide correct registration information and keep information relating to their Account accurate.

7. Account Security

It is the user’s responsibility to keep their login information and password safe. The user should not share the account login information with anyone. The user is solely responsible for his/her Account activities and is not permitted to access anyone else’s account without permission. If the user suspects any intrusion, or breach of security or unauthorised access to his/her Account, the user must notify immediately by emailing Support.

8. Access rights

By using this service, the users understand and agree that this Service, acting as an agent on their behalf, may access content from third party websites and services so that it is available to users through use of this service. Users agree that any content that they submit to a TPS may be stored by this Service at user’s direction, although we do not guarantee or carry any obligation to protect and maintain such information.

9. User content

The user acknowledges and agrees to the following:

a. This service allows user to create content, add and upload attachments. The user warrants that such user content is completely their own and that they do not violate any third party intellectual property rights. The user shall also indemnify the company in the event the user commits any infringement of intellectual property rights through the user content used in this Service.

b. Accountability for the user content solely resides with the person who provides the user content to this Service.

c. The user indemnifies the company for any user content that is illegal, offensive or objectionable that has been uploaded through this service and the company at its sole discretion can suspend the accessibility of such content or accessibility to the user account.

d. Where the user content includes user’s brand, logo or other intellectual property belonging to the user, the user grants the company a worldwide, revocable licence to use the user content for the term of this Agreement.

e. As permissible under law, under no circumstances, the company can be held liable in any way for the user content and such responsibility around user content entirely lies with the user.

10. Other conditions

a. Licence to use this service

By accepting the terms of this Agreement, the user is granted a limited, non-exclusive and revocable licence to access and use this Service for the duration of this Agreement. The company at its discretion may limit, restrict, revoke or suspend access to the user for any reasons that it sees fit, including breaching the terms of this Agreement.

b. Software as a service

The user agrees and accepts that this Service is managed and supported by the company through its hosting service providers and can be accessed only through an Internet connection to the servers connected to the company and that it cannot be accessed in any other way. As a hosted and managed service, the company reserves the right to make changes to this service, upgrade the servers, databases, programs, temporarily shut down for maintenance, take backups or redesign, improve, revamp or relaunch new versions with new functionalities, features and user experience.

c. Ongoing availability

The user agrees that despite the best intent of the company to provide uninterrupted access to the Service, there could be extraneous circumstances beyond control that could disrupt access to this Service either temporarily or long term. While it is not the company’s intent to disrupt the service or cause to do anything that affects ongoing availability of service, the company does not guarantee and accepts no responsibility for ongoing and continuous access to this Service.

d. Support

User support is provided through email. All support related queries for this Service must be sent by email or user should get in touch by sending a message from the contact Us page. The company places high emphasis on quick response and quick resolution of user issues. The company will make best efforts to respond to support requests within 1 business day.

e. Data Security and Privacy

The company takes data security and privacy of its users very seriously. The company realises that there is high level of user sensitivity on the information recorded in this service and therefore has put in place reasonably strong security measures and a privacy policy of high standards. Read the full Privacy policy here: https://onthegoal.com/privacy-policy.html

a. The privacy policy applies only to the data the company collects about the user and does not apply to how the user handles his/her personal information. It is up to the user to safeguard and protect the privacy of their personal information.

b. This service may also use cookies (a small tracking code) to improve user experience while browsing. Users can handle the cookie settings from their browser settings.

c. A quick gist of the security measures put in place is given in FAQ section on Security.

d. The company also performs regular data backups so as to safeguard user data. These backups are done at reasonable intervals on a frequent basis as is justified by the needs of the Service. Do note that the company cannot backup or specifically recover any user data with reference to a specific date or time period.

The user agrees that he/she will not do anything to prejudice the security measures or Privacy policy put in place.

f. Intellectual property

User agrees that this Service is the Intellectual property of the company and the user further warrants that by using this service the user will not directly or indirectly copy, recreate, decompile, extract, reverse engineer or extract any source code or modify any program or algorithms or documentation relating to this service.

The user shall not copy or alter or use In other context the company’s brand, logo, trademarks, app architecture, design etc. without prior written consent of the company.

All content submitted to the company through this service or through other means becomes and remains the Intellectual property of the company including (without limitation) any creative ideas, business ideas, product enhancements, improvements, suggestions, insights, analytics, source codes or any other information provided by the user or any other party with respect to this service.

g. No Warranty

This service is provided on an “As is” basis, without warranty of any kind, express or implied. The company and its Directors, employees, agents, suppliers, partners and content providers do not guarantee the completeness, accuracy, integrity or the quality of the service and additionally do not warrant that

- the service will be secure or available at any particular time or location.

- operation of the service will be uninterrupted and error free.

- any defects or errors will be fixed, .

- any content or software through this service is free of virus or other harmful components.

- or the results of using this Service will meet your requirements .

This service is used entirely at the user’s risk.

h. Limitation of liability

While every precaution has been taken when putting together this service, in no event will the company or its owners or anyone else involved in the creation, production and delivery of this service shall have any liability to any person or identity for any direct, indirect, incidental or consequential damages caused or alleged to be caused directly or indirectly by the use of this service. We disclaim any and all liability from the use of this service. The user agrees to use this service at its own risk.

i. Indemnity

The user agrees to indemnify, defend and hold the company’s Management, its owners, content providers, officers, directors, employees and partners harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys’ fees) arising from user’s use or conduct in connection with this service including the breach by the user of these terms of service. These obligations will survive even if the user terminates the use of this Service.

j. General

  1. Force Majeure. There shall be no liability for any failure to perform the obligations hereunder where such failure results from any cause beyond our reasonable control.
  2. Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
  3. Relationship. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect
  4. Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
  5. Governing Law. This Agreement is governed by the laws of Singapore. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
  6. Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement
  7. Notices. All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e- mail.

k. Contact

  • By physical mail: Newgen Pte ltd, 528, East coast road, #06-01, Singapore 458969
  • By email: [email protected]