Terms of use

1. Introduction

Early Emu (Website) is owned and operated by Gradient Symphony PTE. LTD (Gradient Symphony). In this policy, “us” “we” or “our” means Gradient Symphony.

By accessing this Website, you agree to be bound by these Terms and Conditions of Use (Terms of Use). Your access to and use of the Website is subject to these Terms of Use. We reserve the right to change or discontinue all or any part of the Website at any time without any liability or notice to you.

2. User Accounts

In order to access certain parts of the Website you will be asked to register for an account.

Registering your account is free but is conditional upon you giving us accurate information about yourself. By registering, you consent to us collecting and using such personal information in accordance with our Privacy Policy.

Gradient Symphony at any time and for any reason, in its sole discretion and without any liability to you may suspend or terminate your account.

3. Subscription Terms

3.1.Early Emu Subscription Service

Gradient Symphony offers a subscription service to individuals (Subscribers) who will receive access to certain sections, features and functions of the Website that are not available to non-subscribers.

This clause 2 sets out the terms under which Gradient Symphony makes the subscription service available to you.

Subscribers may access the Website in two ways:

• (a) Trial Period: a free-of-charge subscription that grants access to most subscriber services for a period and on the terms nominated by us; or
• (b) Paid Subscription: a subscription fee-based service which gives access to all subscriber services including and beyond the Trial Period.

3.2 Subscription Types

When you purchase a subscription, you agree to pay the price stated at the time of your order. You also agree to the billing frequency specified at the time of your order.

Subscriptions renew automatically at the end of each billing period unless you cancel according to our cancellation policy (see clause 3.5). Payment for subscriptions will be direct debited from your provided credit or debit account.

If your credit card expires or your payment method is otherwise invalid, your subscription may automatically be cancelled and access revoked.

If you do not wish to continue your subscription, you may cancel your subscription before the end of your current payment cycle. See clause 3.5.

3.3. Price

All prices are in US Dollars (USD), and GST inclusive (10%).

Gradient Symphony reserves the right to change the prices at any time. Gradient Symphony will provide you with 14 days’ notice if the subscription fee changes from what was stated at the time of activation.

Price changes will take effect from your next billing date after the notice period. If you do not wish to continue your subscription at the revised subscription fee, you may cancel your subscription before the end of your current direct debit pay cycle.

Your Payment Method must be verified before your subscription can be activated. If your initial payment authorisation is revoked, your subscription will be terminated.

You agree to promptly notify Gradient Symphony of any changes to the Payment Method you provided.

3.4. Trial Period

Gradient Symphony offers a trial subscription to eligible new users of the Website as described on the Website.

Gradient Symphony reserves the right to nominate the trial period for any trial subscription in its discretion and you will be notified of the trial period if we grant you access to a free trial subscription.

Gradient Symphony reserves the right to nominate the number of times a single user can access a trial subscription in a year.

You agree not to attempt to register any false information or to manipulate the registration and login system to gain unauthorised access to the Website without payment.

At any time during the Trial Period, you may upgrade your subscription to a paid subscription by completing the recurring billing subscription process.

3.5. Cancellation and Refunds

To cancel your subscription, you must contact us via phone, in writing or through your member portal.When you cancel, you cancel only future charges associated with your subscription. You may notify us of

your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. You will continue to have the same access and benefits until the end of your current billing period.

Except to the extent refunds are required by law, payments are nonrefundable and there are no refunds. However, we may, in our sole discretion, provide a refund or discount in certain cases.

4. Registration and Security

As part of the user account registration process, you will select a username and password. You must provide us with accurate, complete and updated registration information. Failure to do so with result in breach of these Terms of Use.

You must ensure that your username and password remain secure and confidential. You are entirely responsible for all use, activities and charges associated with or arising from any use of your username and password, including unauthorised use of your credit card.

If any misuse of your log in details is detected or suspected by Gradient Symphony (including the concurrent use of your login details) your account and/or subscription may be terminated and you will not be eligible for a refund.

An attempt to login with a username and password that is already in use will disconnect the other user. You must notify Gradient Symphony immediately if you become aware of any unauthorised use of your username and password.

Gradient Symphony may monitor usage of the Website via your account and may take any action it seems necessary, including termination of your account and/or subscription.

5. Website Content

You understand and agree that all material, information and data accessed or used by, or provided to, you through the Website (the Website Content) is the intellectual property of Gradient Symphony or any relevant third parties from whom Gradient Symphony may license that Website Content.

You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Website Content (either in whole or in part) unless you have been specifically told that you may do so by Gradient Symphony or by the owners of that Website Content, in a separate agreement.

You understand that by using the Website you may be exposed to Website Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website obtaining and using any information, products and services, at your own risk.

Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our website to make it more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our content may in some situations not accurately reflect real people, places, or facts. You should evaluate the accuracy of any content as appropriate for your use case, including by using human review of the content.

6. Intellectual Property

Unless otherwise indicated, all intellectual property in the Website is owned or licensed by Gradient Symphony. Subject to these Terms, Gradient Symphony grants you a non-exclusive, non-transferable, limited licence (Licence) to view, download and use information directly accessible through the Website.

You agree that, subject to your use of the Website in accordance with the limited Licence granted to you, you will not infringe Gradient Symphony’s intellectual property in the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website in a way which will infringe Gradient Symphony’s intellectual property or other rights.

Any of the trademarks or logos displayed on the Website may be registered or unregistered marks of Gradient Symphony. You may not use these trademarks or logos without the express permission of Gradient Symphony. Any unauthorised use of the trademarks or logos is strictly prohibited.

7. User Content and Author Content

If you upload information or content (User Content) or submit works of authorship (Author Content), together referred to as Submitted Content, in the course of accessing or using the Website, you agree that such Submitted Content will be available to Gradient Symphony to use in any manner it thinks fit, subject to applicable provisions of the Gradient Symphony Privacy Policy and any legislation. You agree that you will not upload or otherwise provide any Submitted Content which:

• is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading;
• infringes the intellectual or other proprietary interests of third parties;
• impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Gradient Symphony considers to be inappropriate;
• contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms;
• violates any law, statute or regulation;
• forges information to disguise the origin of any User Content; and
• encourages or incites any other person to engage in any of the above behaviour.

You grant Gradient Symphony a non-exclusive, worldwide, perpetual, irrevocably, royalty-free, sub-licensable right to exercise the copyright you have in any Submitted Content. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Submitted Content in favour of Gradient Symphony.

8. Disclaimer

We are not responsible for, and accept no liability with respect to, any content uploaded, posted, or otherwise made available on the Website by users or any person other than Gradient Symphony. Furthermore, we do not endorse any opinion, advice or statement made by any person other than the Gradient Symphony.

9. Limitation of Liability

You agree that Gradient Symphony is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms, in tort (including negligence) or otherwise arising out of, or in connection, with:

(a) the use of the Website and Website Content;

(b) the use of Submitted Content;

(c) the use by Gradient Symphony of information provided by you to Gradient Symphony through the Website;

(d) being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and

(e) the use of your Website password by you or any third party to whom you have made the password available.

Subject to the Competition and Consumer laws, Gradient Symphony expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to resupplying the services to you or the amount paid by you at its sole discretion.

10. Indemnity

You indemnify Gradient Symphony against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Gradient Symphony, arising from, or which is directly or indirectly, related to:

(a) your breach or non-observance of any term of these Terms; or

(b) any breach or inaccuracy in any representations or warranties made to Gradient Symphony; or

(c) Submitted content

11. Suspension or termination of access

Gradient Symphony reserves the right to deny you access to, or use of, all or part of the Website, without prior notice, if you engage in any conduct that Gradient Symphony believes, in its sole discretion violates any provision of these Terms of Use, violates the rights of Gradient Symphony or third parties or is otherwise inappropriate.

12. Links

This Website, including e-Newsletters, may contain links to third party websites. The inclusion of a link does not imply that Gradient Symphony has endorsed or verified the linked websites. Gradient Symphony makes no warranty or representation concerning these links or the linked websites and you enter any third party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.

The Website, including e-Newsletters, may feature or display third party advertising. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Gradient Symphony, nor its officers, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Website, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk.

13. Competitions

Gradient Symphony may from time to time run competitions or other promotions on this Website. These will be subject to additional terms and conditions that will be made known to you at the relevant time.

14. Privacy Policy

We are committed to protecting your personal information and meeting the Privacy Principals contained in the local laws as amended from time to time. The Gradient Symphony Privacy Policy can be viewed here.

15. Marketing

When signing up for any account or editorial newsletter product you also agree to receive email marketing from Gradient Symphony. You can opt out of marketing at any time and continue to receive editorial newsletters by unsubscribing from any marketing email.

16. General

Gradient Symphony reserves the right to amend these Terms of Use at any time without notice to you. Your continued use of the Website after such change constitutes an agreement by you to abide by the Terms of Use, as amended.

If any of these Terms of Use are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.

No waiver of any breach of these Terms will be construed as a waiver of any other breach of these Terms.

Gradient Symphony will not be liable for any delay or failure of the Website to the extent caused by circumstances beyond its reasonable control.

These Terms are governed by the laws of Singapore and any claim made by either party against the other which in any way arises out of the Terms will be heard in Singapore and you agree to submit the jurisdiction of those courts.

These Terms were last updated on 18th October 2023.

For further information on using this site, please contact:
Gradient Symphony PTE. LTD
160 Robinson Road, #14-04 Singapore Business Federation Center, Singapore (068914)
admin@earlyemu.com