OceanBase Ticket System Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

These Terms of Use (“Terms”) describe the terms and conditions applicable to your access and use of the OceanBase ticket system (the “Ticket System”). This document is a legally binding agreement between you as a user of the Ticket System (referred to as “you” or “your” hereinafter) and the relevant OceanBase contracting entity that provides OceanBase software products and/or cloud services to you (referred to as “we”, “our” or “OceanBase” hereinafter). By using the Ticket System, you acknowledge and agree that you have read, understood, and agreed to be bound by the Terms. Please do not use the Ticket System if you do not agree to and accept all of the Terms.

1. Application of the Terms

1) You may be required to enter into any separate agreement or agree to any other terms and conditions, whether online or offline, with OceanBase for any other services ancillary to the use of the Ticket System (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and the Additional Agreements, the Additional Agreements shall take precedence over the Terms only in relation to the portion of the services governed by the conflicting Additional Agreements.

2) You acknowledge and agree that OceanBase may amend any terms of the Terms at any time by posting the relevant amended and restated Terms on the OceanBase website available (http://en.oceanbase.com/). Unless otherwise noted by OceanBase, material changes to the Terms will become effective 5 days after they are posted. By continuing to use the Ticket System, you agree to be bound by the amended and restated Terms.

2. Use of the Ticket System

1) As a condition of your access to and use of the Ticket System and associated ticket services, you agree that you will comply with any and all applicable laws and regulations when using the Ticket System, including the GDPR and other applicable data protection laws in your jurisdiction.

2) You acknowledge and agree that by disclosing and/or submitting any information to us, you warrant that you have the full power, legal capacity and authority to disclose and/or submit such information, and that the use of such information in accordance with the Terms shall not expose us to any claim, liability, or prosecution.

3) You agree that you will not upload, post, make available, use, encourage, or promote any following content and/or activities in using the Ticket System:

(i) that are defamatory, obscene, abusive, invasive of privacy, or offensive, including but not limited to content related to child pornography, terrorism or other types of illegal content as listed in our Acceptable Use Policy, and etc.;

(ii) that infringe or misappropriate the Intellectual Property Rights (as hereinafter defined) or proprietary rights of OceanBase or others in connection with your use of the Ticket System.

4) OceanBase has the right to restrict, suspend or terminate your access to or use of the Ticket System if in OceanBase’s sole and absolute opinion, you are in breach of the Terms.

3. Data Processing

1) You undertake not to upload any personal data or other confidential information to OceanBase during the use of the Ticket System. OceanBase does not actively process any personal data that may be contained in the content/materials submitted by you in a service ticket, nor shall OceanBase bear any legal liability arising from your uploading/provision of such data.

2) As the party that determines the purposes and means of data processing, you shall fulfill the obligation to inform data subjects as stipulated by laws and regulations (if applicable) to your jurisdiction. You shall be solely responsible for handling all requests from data subjects regarding their personal data arising during use of our Ticket System (including but not limited to access, correction, deletion, copying, or transfer of personal data) or any complaints. Upon receiving such a request from a data subject, OceanBase shall promptly forward the request to you. You shall issue written instructions without delay, and OceanBase will assist you in responding to such requests in accordance with your reasonable requirements and directions.

3) In addition to the matters set out in the OceanBase International Privacy Policy in relation to personal data, you agree as follows in relation to any data or information (other than personal data) that you provide to us for processing, storage, hosting or any other purposes in connection with your purchase and use of the Ticket System (“Information”).

(a) Except as provided below, information uploaded or transferred by you to  OceanBase will be stored in Singapore, and may be processed in the country in which we, or affiliates, or our sub-contractors maintain facilities or personnel for the ticket services.. This may be in a different jurisdiction from where you are located, and accordingly, such Information may need to be transferred to an overseas jurisdiction.

(b) You acknowledge and agree that any such overseas transfer or processing of such Information is necessary to process and administer your customer account and to provide the ticket services and you consent to the same. You further agree and consent to OceanBase processing such Information on your behalf pursuant to these Terms and you appoint us to perform any such transfer of such Information to Singapore, Malaysia, China, Portugal and U.S. or other location(s), which may be updated from time to time, and to store and process such Information to provide our ticket services.

(c) With respect to any other Information that you provide to us or collected by us, including Information provided at registration, Information we record pertaining to your activities, and Information provided voluntarily by you, you acknowledge and agree that we may in our commercial discretion store and/or transfer such Information to our affiliates and service providers given limited remote access to this Information so they can provide certain functions, including those located outside your country of residence (including Malaysia, China, Portugal and U.S.).

(d) We will not disclose such Information outside of us, our affiliates or our third party service providers unless: i) you request us to do so; ii) your end user has provided consent for us to do so; iii) as provided in these Terms or in accordance with your agreement(s) with us, or iv) as required by and to comply with applicable law, legal process or lawful government requests, or in respect of any claims or potential claims brought against us or our shareholders, subsidiaries or affiliates.

4) OceanBase will store the data you provided in using the Ticket System in accordance with applicable laws, and we will either delete or return the data to you upon your written request, after the end of the provision of the relevant ticket services, save that OceanBase shall be entitled to retain copies of the data to the extent it is required to do so under applicable laws.

5) Indemnification. You shall indemnify OceanBase against any and all claims, losses, or expenses (including legal fees and costs) arising from your breach or non-compliance with applicable data protection laws.

4. Limitation of Liability

1) We do not proactively process personal data that may be contained in materials submitted by you during the operation and maintenance process.

2) To the maximum extent permitted under applicable law, the Ticket System is provided “as is”, “as available” and “with all faults”, and OceanBase 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, and non-infringement, or as to the Ticket System being uninterrupted, error free, free of harmful components, secure, or not otherwise causing damage or loss of functionality or data. To the maximum extent permitted under applicable law, OceanBase makes no representations or warranties on the validity, accuracy, correctness, reliability, quality, stability, completeness or currency of any information provided on or through the Ticket System and associated ticket services; OceanBase makes no representations or warranties of any kind concerning any service offered or displayed via the Ticket System. Any material downloaded or otherwise obtained during the use of the Ticket System is done at your sole discretion and risk. No advice or information, whether oral or written, obtained by you from OceanBase or through or from the Ticket System shall create any warranty not expressly stated herein. Save only for any warranties, representations, conditions and undertakings by OceanBase d expressly set forth in the Terms, OceanBase hereby excludes all other warranties, representations, conditions and undertakings, express or implied, to the maximum extent permitted under applicable law.

3) You hereby agree to indemnify and hold OceanBase, its respective affiliates, directors, officers and employees harmless from and against any and all losses, claims, liabilities which may arise from your use of the Ticket System (including but not limited to the submission of unlawful materials to the Ticket System) or from your breach of any of the Terms. To the maximum extent permitted under applicable law, OceanBase shall not be liable for any special, direct, indirect, punitive, incidental or consequential 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, equity or otherwise or any other damages resulting from any of the following:

(a) your use or inability to use the Ticket System;

(b) your violation of any third party rights, or claims against you by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by any third party claimants;

(c) unauthorized access by third parties to your data or confidential information;

(d) your statements or conducts; or

(e) any matters relating to your use of the Ticket System however arising, including negligence.

4) Notwithstanding any of the foregoing provisions, the aggregate liability of OceanBase, and their respective employees, agents, affiliates, representatives or anyone acting on their behalf with respect to you for any and all claims arising from or in connection with your use of the Ticket System or any use or inability to use the same shall be limited to USD 1. The preceding sentence shall not preclude the requirement by you to prove actual damages. The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not OceanBase has been advised of or should have been aware of the possibility of any such losses arising.

5. Force Majeure

Under no circumstances shall OceanBase be held liable for any delay or failure or disruption of the Ticket System resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, computer viruses, cyber-attacks, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

6. Intellectual Property Rights

OceanBase is the sole owner or lawful licensee of all the rights and interests in the Ticket System and the content provided to you during your use of the Ticket System. All title, ownership and Intellectual Property Rights in the Ticket System shall remain OceanBase, its affiliates or licensors of OceanBase’s content, as the case may be. All rights not otherwise claimed under the Terms or by OceanBase are hereby reserved. “Intellectual Property Rights” shall mean all rights, title and interest in and to all intellectual property rights, including any and all copyrights, patents, trade marks, service marks, logos, get-up, trade names, internet domain names, rights in designs, rights in computer software, database rights, semi-conductor topography rights, utility models and rights in know-how, in each case whether registrable or not, and including any applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world, and across all platforms and mediums whether now known or in the future invented.

7. General

1) The Terms constitute the entire agreement between you and OceanBase with respect to and governs the use of the Ticket System, superseding any prior written or oral agreements in relation to the same subject matter herein.

2) You and OceanBase are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

3) If any term herein is adjudicated by a court or tribunal of competent jurisdiction to be void or unenforceable, the validity or enforceability of the remainder of the terms herein shall remain in full force and effect.

4) OceanBase’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not waive that right nor waive OceanBase’s right to act with respect with subsequent or similar breaches.

5) You shall not delegate, assign, sub-license or sub-contract any of the rights and/or obligations under the Terms to any third party without our prior written consent.

6) You shall do and execute or procure to be done and executed all such further acts, deeds, things and documents as may be necessary to give effect to the terms of the Terms.

8. Governing Law

The Terms shall be governed by the laws of Singapore without regard to its conflict of law provisions. Any dispute arising out of or in connection with the Terms shall be referred to and finally resolved by arbitration in Singapore administered by the Singapore International Arbitration Centre (“SIAC”), in accordance with the Arbitration Rules of the SIAC for the time being in force (“Rules”), which Rules are deemed to be incorporated by reference in this Section 8, and capitalised terms used in this Section 8 which are not otherwise defined in the Terms have the meaning given to them in the Rules. The seat of arbitration shall be Singapore, and the language of the arbitration proceedings shall be English. The arbitral tribunal shall consist of three (3) arbitrators which shall be appointed in accordance with the Rules. Each Party shall bear its own costs in relation to the dispute and share equally the costs of arbitration unless otherwise awarded by the arbitrator.