Effective Date: December 6, 2023
Please read these terms of service (collectively with the Ananas Group Privacy Policy (https://ananasgroup.com/privacy-policy), the "Terms of Service") fully and carefully before using ananasgroup.com.com (the "Site") and the services, features, content or applications offered by Ananas Group (“Ananas Group”, "we", "us" or "our") (together with the Site, the "Services"). These Terms of Service set forth the legally binding terms and conditions for your use of the site and the services.
1. Acceptance of Terms of Service
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies, and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the services, registered or unregistered.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2 .Eligibility.
You represent and warrant that you are at least 18 years of age. If you are under the age of 18, you may not, under any circumstances or for any reason, use the services. We may, in our sole discretion, refuse to offer the services to any person or entity and change their eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to you, and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent that the offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation. Further, the services are offered only for your use and not for the use or benefit of any third party.
3. Registration and the Services
Registration is optional to use our services. If you do elect to register, you will need to create an account on the Services page ("Account") with your email address. You must provide accurate and complete information and keep your account information updated. If you request to become a verified professional user on the services, you represent and warrant that the information you submit is accurate and that you are not misrepresenting your status. You shall not use the name of another person with the intent to impersonate that person. You are solely responsible for the activity that occurs on your account, and if you have an account password, for keeping your account password secure. You may never use another person's user account or registration information for the services without permission. You must notify us immediately of any change in your eligibility to use the services (including any changes to or revocation of any licenses from state authorities), breach of security, or unauthorized use of your account. You should never publish, distribute, or post login information for your account. You shall have the ability to delete your account, either directly or through a request made to one of our employees or affiliates.
4. Rules of Conduct.
As a condition of use, you promise not to use the services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activities in connection with the services.
You shall not (and shall not permit any third party to) either (x) take any action or (y) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services, including without limitation any User Content, that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; impersonates any person or entity, including any of our employees or representatives; includes anyone's identification documents or sensitive financial information; includes any information that in any way violates your employer's policies and compliance procedures; includes financial information the disclosure of which is a violation of any applicable law or regulation, including, but not limited to, any United States, state, or local laws and regulations regarding insider trading and or the provision of insider information; or includes anything that violates any agreement to which you may be subject, including but not limited to confidentiality agreements.
You shall not (i) solicit, call out, or directly address any other user of the Services via User Content you upload through the Services, except for users who have specifically opted in or been permissioned to access membership in your private page, receive Private Content from you, (ii) use the Services for the purpose of developing a database of investor contact information for any purpose, including, but not limited to, redistribution, resale, or unsolicited emails, except for users who have specifically opted in or been permissioned to access membership in your private page, receive Private Content from you, (iii) engage in security or market price manipulation, or (iv) use the Services to defraud or attempt to defraud any person in connection with an investment. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure, (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services, (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services), (iv) run any form of auto-responder or "spam" on the Services, (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site, (vi) harvest or scrape any Content from the Services, or (vii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
We also reserve the right to access, read, preserve, and disclose any information we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, or safety of us, our users, and the public.
5. Termination.
If you wish to terminate your account, you may do so by following the instructions on the site or through the services. Should you be unable to terminate your account due to death or disability, we may, in our sole discretion, allow a member of your immediate family or next of kin to terminate your account. All provisions of these Terms of Service that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. ARBITRATION CLAUSE & CLASS ACTION WAIVER: IMPORTANT: PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE Hong Kong International Arbitration Centre (HKIAC) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN SYDNEY AUSTRALIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed, or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. The location of the arbitration shall be HONG KONG. You also agree not to participate in claims brought in a private attorney general or representative capacity or consolidated claims involving another person's account if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the Hong Kong International Arbitration Centre (HKIAC) is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (2) year after such a claim of action arose or be forever banned.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
7. Governing Law and Jurisdiction.
These Terms of Service shall be governed by and construed in accordance with The laws of HONG KONG, which govern these Terms without regard to its conflict of law provisions., including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Hong Kong.
8 .Modification.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including, without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
9. Miscellaneous.
a. Entire Agreement and Severability
These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
b. Assignment.
These Terms of Service are personal to you and are not assignable, transferable, or sublicensed by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.
c. Agency.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
d. Notices.
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next-day delivery by recognized overnight delivery service. Electronic notices should be sent to info@ananasgroup.com.
e. No Waiver.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
f. Headings.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.