Power Spreadsheets, including without limitation the blog at powerspreadsheets.com, the comments section at powerspreadsheets.com, the Power Spreadsheets Academy at academy.powerspreadsheets.com (the “Power Spreadsheets Academy”), the email lists, social media (including without limitation Twitter, Facebook and LinkedIn) accounts and any other related contents, products or services (together “Power Spreadsheets”) is operated by 365 Power Labs (“We”, with any of the following construed accordingly: (i) terms such as “us”, “ours”, “we're”, (ii) any derivative words of any of the foregoing, (iii) any synonyms to any of the foregoing, or (iv) any similar words to any of the foregoing). We're very happy that you would like to use Power Spreadsheets.
Power Spreadsheets is designed to educate and entertain. The following Terms and Conditions (the “T&C”) govern the use of Power Spreadsheets. The T&C contain very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that may apply to you, please read them carefully.
1. This is a binding agreement. By using Power Spreadsheets, you:
- Accept and agree to abide by the T&C in full and without reservation as they may be amended from time-to-time.
- Agree that the T&C (including without limitation the exclusions and limitations of liability) are reasonable.
- Agree that you are responsible and liable for complying with any applicable laws and regulations, including without limitation any applicable local laws and regulations.
If you disagree with any of the provisions of the T&C or think that the T&C are not reasonable, you are prohibited from using Power Spreadsheets.
You will not cause, induce, permit or similar (directly or indirectly) the noncompliance with any of the provisions of the T&C by others.
2. We respect your privacy and permit you to control the treatment of your private data in accordance with the Privacy Policy for Power Spreadsheets. The current and applicable version of the Privacy Policy for Power Spreadsheets can be found here. The Privacy Policy for Power Spreadsheets is expressly incorporated into the T&C by reference.
3. The T&C shall be construed in accordance with and governed by the laws of Singapore, without reference to their rules regarding conflict of law. You hereby irrevocably consent to the exclusive jurisdiction of the courts of Singapore in all claims, disputes, controversies or similar arising out of (whether directly or indirectly) or related (whether directly or indirectly) to the use of Power Spreadsheets.
Any such claim, dispute, controversy or similar shall be on an individual basis and not on a class (or similar) basis. Neither you nor We will be entitled to join or consolidate claims by or against other customers or otherwise participate in any claim as a class (or similar) representative, class (or similar) member or in a private attorney general (or similar) capacity. The applicable court shall not consolidate more than one person's claims, and shall not otherwise preside over any form of a representative, class or similar proceeding.
4. Power Spreadsheets is intended only for the use of persons of legal age (including without limitation the legal age to form a binding contract with us) according to any applicable laws and regulations. By using Power Spreadsheets and agreeing to the T&C, you represent and warrant that you are of legal age (including without limitation the legal age to form a binding contract with us) according to applicable laws and regulations, and are not precluded or prohibited from using Power Spreadsheets by any applicable laws or regulations.
Individuals under legal age (including without limitation the legal age to form a binding contract with us), or precluded or prohibited from using Power Spreadsheets by applicable laws and regulations are strictly prohibited from using Power Spreadsheets and the accounts of any such individual will be terminated upon discovery.
5. We may make certain information, images, software, files (including without limitation Excel, pdf and jpg files) or other similar content (the “Materials”) available to you through Power Spreadsheets.
Unless otherwise expressly stated, We and/or our licensors own the intellectual property rights of any Materials. Subject to the T&C, all intellectual property rights to the Materials, Files (as defined below) and similar are reserved.
You may view, download one copy, and print Materials from Power Spreadsheets for your own personal non-commercial transitory viewing and use only, subject to the restrictions and other provisions set out in the T&C.
If you download any Materials, the Materials (including all files and images contained in or generated by the Materials, and accompanying data (collectively the “Files”)) are deemed to be licensed to you by us, for your personal noncommercial use only and otherwise subject to the T&C. Additionally, all uses on Power Spreadsheets and the T&C of the terms “sell”, “sale”, “resell”, “resale”, “purchase”, “price”, “enroll” and similar refer to the purchase or sale of such a license for your personal noncommercial use only and otherwise subject to the T&C. The limited license We grant you pursuant to the T&C is personal and non-transferable.
We reserve, at our sole discretion, the right to revoke any license granted to you at any point in time and without any previous notice. Therefore, our unilateral decision to revoke any such license will be effective immediately.
We do not transfer any title or right (other than the limited license for personal noncommercial use granted in the paragraph above), including without limitation the title or the intellectual property rights to the Materials or the Files (in whole or in part), and We retain full and complete title to the Materials or the Files as well as to all intellectual property rights therein. This includes, without limitation, all intellectual property rights to any specifications, instructions, documentation, copyrights, patents, trademarks or other materials or rights.
You must ensure that Materials or Files are kept confidential. Additionally, you may not:
- Sell, resell, rent, license, sub-license, distribute or redistribute the Materials or the Files;
- Reproduce, duplicate, copy or otherwise exploit the Materials or the Files for a commercial purpose or for any public display (commercial or non-commercial);
- Edit or otherwise modify any Materials or Files;
- Redistribute the Materials or Files – except for Materials or Files specifically and expressly made available for redistribution;
- Transfer, republish or reproduce the Materials or the Files through the use of iframes, screenscrappers, transfers, mirrors or similar methods;
- Remove any copyright or other proprietary notations from the Materials or the Files; or
- Decompile, reverse-engineer, disassemble, or otherwise convert the Materials or the Files.
All trademarks and logos are, where applicable, owned by us or our licensors and you may not copy or use them in any manner.
Upon termination of your use of any Materials or Files or upon the termination of your right to use Power Spreadsheets, you must destroy any copies or printed versions of the Materials or Files in your possession.
6. Access to certain areas of Power Spreadsheets is restricted. We reserve the right to restrict access to certain or all areas of Power Spreadsheets at our sole discretion. We may change or modify this provision without notice.
If We provide you with a user ID and password to enable you to access restricted areas of Power Spreadsheets, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security. We may disable your user ID and password at our sole discretion without notice or explanation.
If you provide an email address to access or use any of the contents, products or services that require the provision of such an address for any purpose including, without limitation, the creation of a membership, the enrollment in a course, or the enrollment in an email list or newsletter, you hereby represent and warrant that:
- The email address you provide is true, correct and complete.
- You are duly authorized to provide such information and hereby authorize us or any other person, company, entity or similar (acting on our behalf, having due authorization or an appropriate right or entitlement) to contact you, and send you emails or other information to that email address.
- The email address you provide is your real email address and, in any case, is not a temporary, fake or disposable email address (including, without limitation, email addresses created using services such as Mailinator, Maildrop or similar).
7. By posting, downloading, displaying, performing, transmitting, or otherwise distributing written material, visual material, audio material, audiovisual material, any information, other material or other content (the “User Content”) through Power Spreadsheets, you grant us and any parties related to us, our consultants, agents, representatives or similar a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute the User Content in connection with the operation of Power Spreadsheets or the business or other activities of ourselves, any parties related to us, our consultants, agents, representatives or similar, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You also grant us the right to sub-license any of these rights and the right to bring an action for infringement of these rights.
You will not be compensated for any User Content. You agree that We may publish or otherwise disclose your name, picture and any other personal data in connection with your User Content.
By posting, sending, sharing or similar any User Content through Power Spreadsheets, you warrant and represent that:
- You (i) own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the User Content, and (ii) are authorized to grant the license and other rights to which this Section of the T&C makes reference to;
- The User Content is not and has not ever been the subject of any threatened or actual legal proceedings or any similar complaint;
- The User Content is not illegal or unlawful, does not infringe any third party’s rights and is not capable of giving rise to any legal action whether against you, Power Spreadsheets or any third party (in each case, under any applicable law or regulation); and
- The User Content is otherwise compliant with the T&C.
We reserve the right to edit or remove any User Content from Power Spreadsheets or any servers or storage infrastructure used by Power Spreadsheets at our sole discretion.
Notwithstanding the other provisions of the T&C, We do not undertake to monitor the submission of any User Content to Power Spreadsheets. We are not liable or responsible for any User Content.
8. When using Power Spreadsheets, you agree to obey the law and to respect the intellectual property rights of others. The use of Power Spreadsheets is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively the “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by applicable laws and regulations regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
9. You shall not make available the types of Content listed in this Section of the T&C.
You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that: (i) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation; or (iii) advertises or otherwise solicits funds or is a solicitation for goods or services.
We reserve the right to terminate your receipt, transmission, or other distribution of any such material using Power Spreadsheets, and, if applicable, to delete any such material. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of the T&C or of any applicable laws or regulations.
10. We reserve the right to (i) modify the way in which you may use Power Spreadsheets, or (ii) terminate your use of Power Spreadsheets. Regardless of any such termination, you will still be liable to pay any fees, prices or similar agreed prior to the moment in which We decide to exercise any of the foregoing rights.
To ensure that We provide a high quality experience for you and for other users of Power Spreadsheets, you agree that We or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of Power Spreadsheets. We do not intend to disclose the existence or occurrence of such an investigation unless required by applicable laws and regulations, but We reserve the right to terminate your account or your access to Power Spreadsheets immediately, with or without notice to you, and without liability to you, if We believe that you have violated any of the T&C, furnished us with false or misleading information, or interfered with use of Power Spreadsheets by others.
Additionally, your right to use Power Spreadsheets in accordance with the T&C shall terminate automatically if you violate any applicable terms and conditions, including without limitation the T&C.
11. You are solely responsible for all service, telephony, data charges and/or any other similar or associated fees, costs or expenses arising in connection with your use of Power Spreadsheets, as well as for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.
The T&C apply to any purchase or sale through Power Spreadsheets. In such cases, you agree that your order is an offer to buy, under the T&C, what is listed in your order. All orders must be accepted by us or We will not be obligated to sell to you. We may choose not to accept any orders in our sole discretion. After having received your order, We will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of a binding contract of sale between us and you will not take place unless and until you have received your order confirmation e-mail.
All uses on Power Spreadsheets and the T&C of the terms “sell”, “sale”, “resell”, “resale”, “purchase”, “price”, “enroll” and similar refer to the purchase or sale of a license for your personal noncommercial use only and otherwise subject to the T&C.
We reserve, at our sole discretion, the right to revoke any license granted to you at any point in time and without any previous notice. Therefore, our unilateral decision to revoke any such license will be effective immediately.
Notwithstanding the foregoing, We may, from time-to-time and at our sole discretion, offer time-limited licenses related to contents, products or services that involve, require or otherwise result in the payment of a fee, price or similar.
We never grant (and you shall never be deemed to acquire) a lifetime (or similar) license, title, right (including without limitation any right of use), or similar. Any use on Power Spreadsheets of the term “lifetime” or similar refers to the period of time during which We, at our sole discretion, offer the respective contents, products or services. We reserve, at our sole discretion, the right to cease the offering (and revoke the license, title, right, or similar granted to you) at any point in time and without any previous notice. Therefore, our unilateral decision to cease the offering and revoke any license, title, right, or similar will be effective immediately.
If you elect to access or use any of the contents, products or services that involve, require or otherwise result in the payment of a fee, price or similar (including, without limitation, any purchase or sale in the Power Spreadsheets Academy or through Gumroad), you agree to pay and will be responsible for payment of that fee, price or similar and all taxes, duties, levies, charges, fees, costs, expenses or similar associated, directly or indirectly, with such access or use. If you provide credit card information to pay for the foregoing, you hereby represent and warrant that:
- The credit card or other payment method information or details you provide are true, correct and complete.
- You are duly authorized to supply such information and hereby authorize us, Power Spreadsheets, Teachable Inc., Gumroad Inc. or any other person, company, entity or similar (acting on our behalf, having due authorization or an appropriate right or entitlement) (the “Creditor”) to charge your credit card or other payment method on a regular basis to pay the fee, price or similar as they are due.
- Charges associated with such fees, prices or similar incurred by you will be honored by your credit card company or other payment provider.
- You will pay any charges incurred by you including, to the extent applicable, any taxes, duties, levies, charges, fees, costs, expenses or similar.
If your payment method fails or your account is past due:
- A Creditor may collect the fees, prices or similar owed using other collection mechanisms. This may include, without limitation, charging other payment methods on file, or retaining collection agencies or legal counsel.
- A Creditor may block your access to any part, product or service of Power Spreadsheets pending payment or resolution of any amounts due by you to a Creditor. Without prejudice to the foregoing or to any other of our rights under the T&C or any other applicable laws or regulations, if you fail to make a payment on time while on a payment plan in the Power Spreadsheets Academy: (i) you will automatically be removed from any applicable course(s) and your membership to the Power Spreadsheets Academy will be terminated in accordance with the process determined by us or by Teachable in our sole discretion; (ii) the original term of your membership to the Power Spreadsheets Academy will not be extended under any circumstances, even if your payment plan is reactivated or you otherwise make the pending payments under your payment plan; and (iii) you will automatically lose your refund or reimbursement rights to the fullest extent permitted by applicable laws and regulations and, therefore, you will (a) not be eligible for any refund or reimbursement of any amounts paid by you, and (b) We will not provide any refund or reimbursement of those paid amounts. Any potential refund or reimbursement shall, in any case, be subject to the terms and conditions set forth in the T&C.
- You agree to pay the appropriate Creditor the fees within 30 days of notification and pay (at the discretion of the appropriate Creditor) a late payment charge in an amount equal to the maximum permitted by applicable laws and regulations.
Terms of payment are within our sole discretion and payment must be received by us or the appropriate Creditor in accordance with the applicable terms and conditions and the T&C. Terms of payment options may include (without being limited to) the following:
- A single payment option whereby the full fee, price or similar is charged to the payment method you select on or around the date you place your order.
- An installment payment plan whereby the full fee, price or similar is charged in the applicable number of installments.
- A periodic (including without limitation monthly or yearly) subscription whereby the subscription price is charged at the beginning of every subscription period or term.
If you are a European Union user, and you elect to access or use any of the contents, products or services that involve, require or otherwise result in the payment of a fee, price or similar, you confirm that you (i) want the appropriate content, product or service immediately credited to your account, and (ii) by doing so, you are, to the maximum extent permitted by applicable laws and regulations, waiving any and all cancellation rights under applicable laws and regulations (including, without limitation, the EU Consumer Rights Directive -2011/83/EU) and any other laws or regulations implementing it. Notwithstanding the foregoing, you will still be eligible for any applicable refund or reimbursement rights according to the terms explicitly set forth in the documents, webpages, or similar offering the relevant contents, products or services.
In the event that any sale, delivery or similar to you is subject to any tax, duty, levy, charge, fee, cost, expense or similar in any country, province, department, state, territory or similar (including without limitation European Union Value Added Tax or U.S. sales tax) according to applicable laws and regulations (the “Applicable VAT”), a Creditor may (at its sole discretion) collect and remit such Applicable VAT to the competent authority. A Creditor may at its own discretion increase the fee, price or similar payable by you if the Creditor is of the reasonable opinion that such Applicable VAT may be due and the Creditor may have a liability to account for such. You agree to indemnify us, Power Spreadsheets and any other Creditor and hold all of us harmless against any and all claims by any authority for any underpayment of Applicable VAT, and any penalties, interests, fees, charges or other similar costs or expenses thereon.
If a sale, delivery or similar to you is not subject to Applicable VAT, you are responsible for remitting and paying taxes, duties, levies, charges, fees, costs, expenses or similar to the appropriate authority.
We use Teachable to manage the Power Spreadsheets Academy. Teachable Inc. handles the payment gateway for the Power Spreadsheets Academy and, if applicable, applies certain Applicable VATs at checkout.
We use Gumroad to (i) Promote, market or advertise certain electronic goods; and (ii) Sell, distribute or provide such electronic goods to you or other third party purchasers. Gumroad Inc. handles the payment gateway for such electronic goods and, if applicable, applies certain Applicable VATs at checkout.
All fees, prices or similar within Power Spreadsheets are subject to change without notice. The fee, price or similar charged will be that in effect at the time the appropriate order or similar is placed and will be set out in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer and We reserve the right to cancel any order or similar arising from such errors.
Posted fees, prices or similar do not include applicable taxes, duties, levies, charges, fees, costs, expenses or similar. If applicable, taxes, duties, levies, charges, fees, costs, expenses or similar will be added to the applicable fee, price or similar.
We may, from time-to-time and at our sole discretion, offer limited refund or reimbursement rights in connection with the purchase, payment or similar, of the license related to contents, products or services that involve, require or otherwise result in the payment of a fee, price or similar. The time period during which you can request such a refund or reimbursement shall be counted from the date of initial enrollment, purchase, payment or similar. We will not provide refunds or reimbursements after the specified refund or reimbursement period, counted from such date of initial enrollment, purchase, payment or similar, has expired. After such period expires, all payments are non-refundable and you are responsible for the payment of any applicable fees, prices or similar. Without limiting the foregoing and for purposes of clarification only, if you are on a payment plan in the Power Spreadsheets Academy:
- The time period during which you can request a refund or reimbursement shall be counted from the date of initial enrollment, purchase, payment or similar (whichever is earlier); and
- After such refund or reimbursement period expires:
- Subsequent or recurring payments shall not be refundable or reimbursable; and
- You are responsible for the payment of any such subsequent or recurring payments.
You have no right to any refund or reimbursement except as set forth in this section of the T&C.
Access to any contents, products or services shall cease immediately upon receipt of your refund request. If We believe you are abusing such refund or reimbursement rights, We reserve the right to suspend or terminate your use of Power Spreadsheets.
Teachable is the Payment Collection Agent for the Power Spreadsheets Academy. As such, Teachable acts as payment collection agent for the purpose of:
- Accepting payments from you; and
- Refunding payments to you.
Our request to Teachable to refund or reimburse you shall be considered the same as a direct refund or reimbursement to you. Upon us requesting Teachable to refund or reimburse you:
- Our refund or reimbursement obligation for the applicable amount is extinguished; and
- Teachable is responsible for refunding or reimbursing you in accordance with the Terms of Use of Teachable Inc.
In the event that Teachable does not refund or reimburse you after receiving our request (for Teachable to refund or reimburse you), you will have recourse only against Teachable, and not against us directly. We assume no liability for any acts or omissions of Teachable.
Without precluding the provisions of this section of the T&C, purchases on the Power Spreadsheets Academy are subject to Teachable Inc.'s Student Refund Policy. This document explains Teachable Inc.'s Student Refund Policy.
12. We hereby disclaim all warranties. We make Power Spreadsheets available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, Power Spreadsheets. We expressly disclaim any and all warranties, express or implied, regarding Power Spreadsheets, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement or other violation of rights. We do not warrant that Power Spreadsheets will meet your requirements or that the operation of Power Spreadsheets will be uninterrupted or error-free.
Nothing in Power Spreadsheets constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matters, you should consult an appropriate professional.
When offering content, services or products, We make best efforts to accurately represent the content, service or product and its potential. There is no guarantee that you will earn any money, promotion, new job, or similar benefit (whether directly or indirectly) using the techniques, strategies, ideas and similar within such content, service or product. Examples or descriptions in any promotional, marketing or similar material are not to be interpreted as a promise or guarantee of any type.
Content or other materials within Power Spreadsheets may contain information that includes or is based upon forward-looking statements. Forward-looking statements give our expectations or forecasts of future events. Any and all forward-looking statements are intended to express an opinion of potential. Many factors may be important in determining actual results and no guarantees are made that you will achieve any such results. In fact, no guarantees are made that you will achieve any result from the content or other materials within Power Spreadsheets. You understand that the results you obtain may vary from any forward-looking statement, description, representation or similar within Power Spreadsheets.
Without precluding the provisions of this section of the T&C, the Limit of Liability and Disclaimer of Warranty for Power Spreadsheets applies to the use of Power Spreadsheets. The current and applicable version of the Limit of Liability and Disclaimer of Warranty for Power Spreadsheets can be found here. The Limit of Liability and Disclaimer of Warranty for Power Spreadsheets is expressly incorporated into the T&C by reference.
13. Our liability to you is limited.
If you elect to access or use any of the contents, products or services that involve, require or otherwise result in the payment of a fee, price or similar (including, without limitation, any purchase or sale in the Power Spreadsheets Academy), our liability shall under no circumstances exceed the actual amount paid by you for any content, product or service.
In no event shall We be liable for damages or losses of any kind (including, but not limited to, direct, special, incidental, or consequential damages or losses, loss of production, lost revenue, lost income, lost profits, anticipated savings, loss of contracts, loss of business relationships, loss of reputation, loss of goodwill, loss of work, loss of use, loss or corruption of data, loss or corruption of information, loss arising in connection with business interruption, diminution in value, costs of replacement of goods or services, or any other similar or connected damage or loss regardless of the foreseeability of those damages or losses) arising out of or in connection with the use of Power Spreadsheets, or any other Materials, Files, contents, products, services or similar provided to you by us or Power Spreadsheets.
These limitations shall apply: (i) regardless of whether the damages or losses arise out of breach of contract, tort, or any other legal theory or form of action, and (ii) even if We have been expressly informed of the potential damages or losses.
We may update, modify or change Power Spreadsheets including without limitation any content, services, products, the Files, the Materials, the servers used by Power Spreadsheets, the storage used by Power Spreadsheets, the infrastructure used by Power Spreadsheets (including without limitation changing the use of Teachable to manage the Power Spreadsheets Academy) or similar, from time-to-time, at our own discretion and without notice. We, however, do not make any commitment nor have any obligation to carry out any such update, modification or change.
Without precluding the provisions of this section of the T&C, the Limit of Liability and Disclaimer of Warranty for Power Spreadsheets applies to the use of Power Spreadsheets. The current and applicable version of the Limit of Liability and Disclaimer of Warranty for Power Spreadsheets can be found here. The Limit of Liability and Disclaimer of Warranty for Power Spreadsheets is expressly incorporated into the T&C by reference.
14. We have no control over, and no liability for any third party Internet sites or materials, including without limitation any websites or materials linked to from Power Spreadsheets. We work with a number of partners and affiliates whose Internet sites or materials may be linked to from Power Spreadsheets.
Because neither us nor Power Spreadsheets has control over the content and performance of these sites or materials, We make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites or materials, and We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites or materials.
Similarly, from time-to-time in connection with the use of Power Spreadsheets, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that We make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third-party content.
The inclusion of any such sites, materials or contents does not imply endorsement by us or Power Spreadsheets. Use of any such sites, materials or content items is at your own risk.
Without precluding the provisions of this section of the T&C, the Affiliate Disclosure and the Limit of Liability and Disclaimer of Warranty for Power Spreadsheets apply to the use of Power Spreadsheets. The current and applicable version of the Affiliate Disclosure can be found here and the current and applicable version of the Limit of Liability and Disclaimer of Warranty for Power Spreadsheets can be found here. Both the Affiliate Disclosure and the Limit of Liability and Disclaimer of Warranty for Power Spreadsheets are expressly incorporated into the T&C by reference.
15. We impose certain restrictions on the permissible use of Power Spreadsheets.
You must not use Power Spreadsheets (i) in any way that causes, or may cause, damage to Power Spreadsheets, or impairment of the availability or accessibility of Power Spreadsheets, (ii) in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, or (iii) in any way that is not expressly permitted by the T&C or applicable laws and regulations.
You are prohibited from violating or attempting to violate any security features of Power Spreadsheets, including without limitation the following:
- Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
- Conducting any systematic or automated data collection activities on or in relation to Power Spreadsheets without our express written consent, including without limitation, scrapping, data mining, data extraction, data harvesting, framing (iframes), article “spinning”, or similar;
- Attempting to probe, scan, or test the vulnerability of Power Spreadsheets, or any associated system or network, or to breach security or authentication measures without proper authorization;
- Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to Power Spreadsheets, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
- Using Power Spreadsheets to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- Using Power Spreadsheets to send unsolicited e-mail or other communications, including, without limitation, promotions or advertisements for products or services, or other commercial communications;
- Using Power Spreadsheets for any purposes related to marketing, without our previous express written consent;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using Power Spreadsheets; or
- Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing Power Spreadsheets.
Any violation of system or network security may subject you to civil and/or criminal liability.
16. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold us and any parties related to us, our consultants, agents, representatives or similar harmless from any and all third party claims, losses, liability, damages, fees, costs and/or expenses (including without limitation attorney and legal fees and costs or any amounts paid to a third party in a settlement of a claim or dispute on the advice of the relevant legal advisers) arising from (i) your access to or use of Power Spreadsheets, (ii) the violation of the T&C or any applicable laws and regulations by you or any other user of your account, or (iii) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
17. Without prejudice to any other of our rights under the T&C, if you breach the T&C in any way, We may take such action as We may deem appropriate in our sole discretion to deal with the breach, including suspending your access to Power Spreadsheets, prohibiting you from accessing the Power Spreadsheets, blocking computers using your IP address from accessing Power Spreadsheets, contacting your internet service provider to request that they block your access to Power Spreadsheets and/or bringing court proceedings against you.
18. The materials contained within Power Spreadsheets are protected by applicable laws and regulations, including without limitation applicable copyright and trademark laws and regulations.
All contents of Power Spreadsheets are: Copyright © 2015 365 Power Labs All rights reserved.
Some images used by Power Spreadsheets are licensed under a Creative Commons license. Only in the cases where the relevant license includes ShareAlike terms, the image used by Power Spreadsheets is distributed under the same license as the original.
19. The failure by us to enforce any right or provision under the T&C shall not constitute a waiver of future enforcement of that right or provision. No waiver of any breach of any provision of the T&C shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
You may not assign any of your rights or delegate any of your obligations under the T&C without our express prior written consent. Any purported assignment or delegation in violation of the T&C is null and void. No assignment or delegation relieves you of any of your obligations under the T&C.
The T&C are not intended to confer any rights or remedies upon any third party.
20. Nothing contained on Power Spreadsheets should be understood as granting you a license to use any of the trademarks, service marks, logos or similar owned by us or by any third party.
21. We make no representation that any of the Materials, Files, services or other to which you have been given access are available or appropriate for use in any particular location.
22. We may provide any notice to you under the T&C by: (i) sending a message to the e-mail address you provide; or (ii) by posting to Power Spreadsheets. Notices sent by e-mail will be effective when We send the e-mail and notices We provide by posting will be effective upon posting. It is your responsibility to ensure that We have your current e-mail address.
To give us notice under these T&C, you must contact us: (i) by email to contact [at] powerspreadsheets [dot] com; or (ii) by personal delivery, overnight courier or registered or certified mail to 365 Power Labs, 77 Upper East Coast Road, #04-17, Singapore, SG 455218. We may update the address for notices to us by posting a notice on this page. Notices provided by personal delivery will be effective immediately upon receipt by us. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
23. We reserve the right to amend, change or otherwise update the T&C from time-to-time.
We will post a notice on this page any time the T&C have been amended, changed or otherwise updated. T&C will apply from the date of publication in this page, unless expressly stated otherwise. The latest version of the T&C supersedes any previous versions of the T&C.
Please check this page regularly to ensure you are familiar with the current version of the T&C. You should review the T&C before using Power Spreadsheets. Your continued use of Power Spreadsheets after amendments, changes or updates become effective shall mean that you accept and agree to those amendments, changes or updates and to the amended, changed or updated T&C.
The T&C were last modified on 7 August 2024.
24. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under the T&C without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the T&C without our previous express written consent.
25. The T&C, together with the Privacy Policy for Power Spreadsheets, the Limit of Liability and Disclaimer of Warranty for Power Spreadsheets, the Affiliate Disclosure, and (if applicable) any order confirmation or similar issued by us constitute the entire agreement between you and us in relation to the use of Power Spreadsheets, and supersedes any and all previous agreements in respect of your use of Power Spreadsheets.
Should a court of competent jurisdiction find any provision of the T&C invalid, illegal, void, unenforceable or similar then such provision shall be deemed severed from the T&C and shall not affect the validity, enforceability or similar of the remaining provisions of the T&C.
We use Teachable to manage the Power Spreadsheets Academy. Please read the Terms of Use of Teachable Inc., which addresses both their relationship to Power Spreadsheets and you for further details. These Terms of Use are only applicable to the Power Spreadsheets Academy and to the extent explicitly set forth in those Terms of Use. Therefore, the Terms of Use of Teachable Inc. are expressly incorporated into the T&C by reference subject to the terms and conditions set forth herein and in those Terms of Use.
You should carefully review and understand all documents listed in the T&C before using Power Spreadsheets.