This is an agreement between TOCform Innotech Limited. (dba "TOCform"), a company based in Hong Kong SAR, which is the owner and operator of https://pelicanasia.net (the "Pelican Site"), the Pelican software, and the Pelican mobile apps (collectively "Pelican", the "Pelican Service", or the "Service"), and you ("you" or "You"), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND TO PELICAN'S PRIVACY POLICY, WHICH CAN BE FOUND AT https://pelicanasia.net/terms.html#privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.
At Pelican our focus is creating a positive and helpful experience for our users. We want Pelican to be convenient, safe, and fun for you and your communities. This means there are a few rules. You may NOT:
At its discretion, Pelican may permanently cancel accounts of users who violate the Terms of Service. Pelican reserves the right to view Private Groups ONLY for the purposes of fixing issues, to respond to complaints about Terms of Service violations, or when required to do so by law. Pelican reserves the ongoing right to view any groups in the Pelican. Open Group Directory to assess compliance with this Terms of Service. Pelican reserves the right to remove objectionable content without notice. Pelican can remove any content or information you post at Pelican if we believe that it violates our Terms of Service.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe you have violated these Terms.
Pelican reserves the right to ban Groups and users that do not comply with its Terms of Service as assessed in Pelican's sole discretion and interpretation of its Terms of Service; and Users and Groups under investigation or which have been detected as sharing content in violation of these terms may have their visibility limited in various parts of Pelican, including search. Groups and users may not be notified when any of this occurs. Banned Groups and users may contact Pelican Customer Support to request more information. We reserve the right to respond or not respond to such requests. Please comply with the rules in Pelican's Terms of Service.
While we have the right to monitor activity and content associated with Pelican, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by users. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, you understand that in the process of using Pelican, you may be exposed to content that you find offensive or objectionable in your communities. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted at Pelican or endorse any opinions expressed at Pelican. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.
There are no fees for use of many of the features on Pelican. If you break any of Pelican's terms in the use of your Pelican account, we may cancel any or all of your account immediately and no refund will be granted for any payments you have made.
Pelican reserves the right to close and delete any user account that has not been logged in for a period of 6 months or more. Pelican will notify any such users whose accounts it intends to delete, by email or SMS, if they have been inactive for greater than 5 months and provide those users with a minimum of 30 days notice and options on how to keep their content and account at Pelican or how to download their content onto their personal computers.
Pelican reserves the right to transfer ownership and administration of or terminate an Open Group that has been abandoned by the Group owner and its appointed Group administrators. Open Group is considered abandoned if the Group owner and Group administrators do not log into Pelican for at least 6 months or do not post to the Group for at least 6 months. Once the transfer of a Group ownership and administration is effected by Pelican, it may be transferred subsequently at any time by Pelican.
The use of Pelican is for all persons age 12 and over who agree to these Terms of Service. Pelican Terms of Service and Privacy Policy are in force and applicable for all times when users are specifically within the walls of Pelican and not engaged in any activity with 3rd party sites. Persons age 12 and over may also connect to 3rd party sites in which they have accounts, such as Pelican, etc., through Pelican convenient "Social Networks" services. When connected to and engaged in 3rd party sites through Pelican, you agree and understand that while you are posting, commenting, sharing, etc., content with 3rd party sites, you and your content are in those moments under the legal authority of that 3rd party site and the privacy and terms policies of that 3rd party site. This also applies if you click on an advertisement or coupon. Pelican is not responsible or liable for any damage or loss related to your use of any third-party website or online service. You should always read the terms and conditions and privacy policy of a third-party website or online service before using it, whether directly or in connection with your use of the Site or Services.
You are responsible for maintaining the confidentiality of your Pelican account information, including your username and password. You are responsible for all activities that occur under your Pelican account and you agree to notify Pelican immediately of any unauthorized access or use of your Pelican account. Pelican is not responsible or liable for any damage or loss related to any unauthorized access or use of your Pelican account. For more information on the importance and protection of your privacy at Pelican, please see our Privacy Policy.
Materials, including but not limited to text, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by users of Pelican ("User Submissions") are owned by the party contributing such content. As a user of Pelican, you are solely responsible for your own submissions. By transmitting your submissions or otherwise through or using Pelican you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use. You promise that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Pelican is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information posted or transmitted through Pelican is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of users or the accuracy of any data that users may provide any other users with whom you interact in the course of using Pelican.
You are responsible for safeguarding the password that you use to access Pelican and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Pelican cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Selling usernames, Group names: You may not buy or sell Pelican usernames or Group names. Username, Group name squatting: You may not engage in username or Group name squatting. Some of the factors we take into consideration when determining whether conduct is username or Group name squatting include:
You may not register or create fake and misleading accounts. While you may use Pelican pseudonymously or as a parody, commentary, or fan account, you may not use misleading account information in order to engage in spamming, abusive, or disruptive behavior, including attempts to manipulate the conversations on Pelican. Some of the factors that we may take into account when determining whether an account is fake include:
You may not use Pelican's services for the purpose of spamming anyone. Spam is generally defined on Pelican as bulk or aggressive activity that attempts to manipulate or disrupt Pelican or the experience of users on Pelican to drive traffic or attention to unrelated accounts, products, services, or initiatives. Some of the factors that we take into account when determining what conduct is considered to be spamming include:
Pelican uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Pelican and you do so at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the Pelican Service is never recommended. Once we receive your transmission of information, Pelican makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Pelican learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Pelican may post a notice on the Pelican Site or through the Pelican Service if a security breach occurs.
When you use our Services, we process any data you explicitly enter into the site (your "Content Data"), including your full name, email address, profile information, posts, comments, photos, voice recordings, videos, files, emojis, etc. Pelican uses your Content Data for the sole purpose of serving and providing you with the full experience of Pelican. You control how we process your Content Data through Privacy & Sharing settings in your account at Pelican. At any time you can edit/update, retrieve or delete your Content Data in your account.
When you use our Services, we may receive information ("Log Data") such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, and device information (including device and application IDs). We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your account to authenticate to a third-party website or application. We may also receive Log Data when you click on, view or interact with links on our Services, including links to third-party applications, such as when you choose to install another application through Pelican. Pelican uses Log Data to provide, understand, and improve our Services. We either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after a maximum of 12 months.
Pelican 's policy is to notify users of requests for their account information, which includes a copy of the request, prior to disclosure unless we are prohibited from doing so. Exceptions to prior notice may include exigent or counterproductive circumstances (e.g., emergencies; account compromises, etc.). We may also provide post-notice to affected users when prior notice is prohibited.
Like all service providers, Pelican is legally required to turn over customer data that it hosts when it receives valid legal process from a law enforcement authority with jurisdiction. The following guidelines apply to all customer data hosted by Pelican. Preservation requests, subpoenas, or search warrants from Hong Kong SAR law enforcement or civil investigative agencies seeking data regarding Pelican 's customers may be personally served at, or mailed.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Pelican and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Pelican name or any of the Pelican trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Pelican, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
By accepting these Terms of Service, you agree to indemnify and otherwise hold harmless Pelican, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of Pelican; ii) unauthorized access to or alteration of your communications with or through Pelican, or iii) any other matter relating to Pelican. Any business transactions which may arise between users from their use of Pelican are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Other than User Content (which we do not own and claim no ownership of), we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services ("Pelican Content"); and (b) Pelican 's trademarks, logos, and brand elements ("Marks"). The Site and Services, Pelican Content, and Marks are all protected under U.S. and international laws. Pelican, the Pelican logo, and other Pelican logos and names are trademarks of Pelican. You agree not to display or use these trademarks in any manner without our prior written permission.
Pelican is provided to people by TOCform Innotech Limited., a company based in Hong Kong, SAR
Under no circumstances will Pelican be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of Pelican to enforce any right or provision of these Terms will not prevent Pelican from enforcing such right or provision in the future.
Pelican reserves the right, in our sole discretion to modify these Terms, effective upon the date a revised Terms of Service is posted on the Site with notice to you, the User, of such modification. Your continued use of the Service constitutes your binding acceptance of the terms and conditions of this Agreement, as they are amended, revised and posted on the Site periodically. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
These Terms will be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China (hereinafter referred to as "Hong Kong"), unless otherwise specified., without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only located in Hong Kong Special Administrative Region of the People's Republic of China. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
You are entitled to access personal data we hold about you. If you would like to correct or update it, please contact us by sending an e-mail to our Customer Services E-mail at cs@pelican.net
TOCform Innotech Ltd. dba Tocform
Email: cs@pelican.net
Effective: 1st June 2021
At Pelican you have full control over your newsfeed and the order of how posts appear.
Illegal activity is not permitted. If we are made aware of illegal activity, we will take appropriate action. We ask that you not post any content that violates our Terms of Service (TOS). Please see our TOS for the list of activities that are not permitted at Pelican and the actions we may take with TOS violators.
To ensure the safety and security of our users, we track how members use our site. We collect your log data, usage activity, email, phone number, cookie data, and device/network information, to verify accounts; combat harmful conduct; detect and prevent spam; and to maintain the integrity of Pelican.
We may share and match your information against databases or with third parties bound by confidentiality who specialize in identifying trolls, bots, scammers, spammers, fake accounts, stalkers, or illegal activity. We may also use pattern tracking to identify and remove disruptive elements such as trolls, bots, scammers, spammers, fake accounts, stalkers, etc.
We monitor how users use our site in general so that we can make it better. We are monitoring traffic, usage activity, feature popularity and site performance, and we use general analytic tools so that we can improve your experience.
We use third-party service providers to help operate Pelican, such as with hosting and to protect our users. We may share your information with these service providers on the condition that they use your private personal data only on our behalf and consistent with this Privacy Policy.
If you make payments on Pelican, we may share your payment information with third-party payment service providers to process payments; prevent, detect, and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit and debit cards.
We use cookies on Pelican to make your experience better. We NEVER use cookies for third-parties to target you or market to you. Cookies on Pelican let you log in and out of Pelican without needing to retype your login and password. Cookies on Pelican tell us how many people use a certain feature, how they use it and with what frequency, and whether people open an email we send.
Cookies are another way we protect you from security risks. We use cookies to remember your settings and preferences, like the language you prefer and your privacy settings. We use cookies or similar technologies to identify your log data. We use cookies to detect when someone might be trying to hack your Pelican account or spam the Pelican community.
You have the ability to send certain types of messages through our services that automatically disappear. If you send such disappearing messages through our services they will be automatically deleted once they have been viewed or have expired.
But - and this is important - you should understand that users who see your messages can always save them, either by taking a screenshot or by using some other image-capture technology (whether that be software or even something as old-fashioned as a camera to take a photo of your device's screen). The same common sense that applies to the Internet at large applies to Pelican as well: Don't send messages that you wouldn't want someone to save or share.
In most cases, once we detect that all recipients have viewed a message, we automatically delete it from our servers. And again in most cases, the services are programmed to delete the message from the recipients' device as well. There are, however, exceptions to this general rule:
We do our best to protect your identity at all times and we are respectful of the law. Pelican will disclose personally-identifying information when required to do so by law.
As an optional convenience for you, Pelican offers you the opportunity to link to and/or connect to third party websites, advertisers, vendor products, services, etc., including and not limited to social network sites like Facbook. When you click-through, connect or link to these third party sites, products, services, etc., you are no longer protected by Pelican's Privacy Policy. If you share to any third party social site from Pelican, they will not be able to see back into your Pelican account. We encourage you to read the privacy policies of these third parties, as they differ from Pelican 's privacy practices as set forth in this Privacy Policy. Pelican is not liable for wrongful use, loss, or disclosure of your personally-identifying information related to your use of any third party.
We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of your personal user data and other information transmitted to us. For example, we encrypt your personally identifiable information, and most, if not all requests from you to the server are created over a secure connection (HTTPS). However, no data transmission over the Internet or other network can be guaranteed to be 100% secure.
We do not knowingly collect personal information from children under the age of 12. If we become aware that we have inadvertently received personal information from a child under the age of 12, we will delete such information from our records.
If you are a registered user of Pelican you may receive notifications and updates while using our service. Additionally, if you have supplied your email address, Pelican may want to tell you about new features, solicit your feedback, and keep you up to date about the privacy and integrity issues we care most about and how our company is working to support them. You can opt-out of these email notifications.
We will collect personal data, such as (but not limited to) your name, contact number and email address, from you in connection with our provision of services and activities.
Your personal data and other information provided by you will be referred to as "Your Information".
Your Information will be processed for the specific purpose which will be given at the time or for any purpose stated in this Statement. Such purposes may include but is not limited to:
Pelican may amend this policy from time to time. If we make any substantial changes in the way we use your information we will notify you by posting a prominent notice on our pages.
If you have questions or suggestions, please contact us.
TOCform Innotech Limited
Email: cs@pelican.net
Effective: 1st June 2021
Illegal activity is not permitted. If we are made aware of illegal activity, we will take appropriate action. We ask that you not post any content that violates our Terms of Service (TOS). Please see our TOS for the list of activities that are not permitted at Pelican and the actions we may take with TOS violators.
Last Updated: 14, May 2021
THIS END USER LICENSE AGREEMENT (“LICENSE AGREEMENT”) IS A LEGAL AGREEMENT. YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THIS SOFTWARE: PELICAN – BEYOND FRONTIER (the “SOFTWARE”). IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT CLICK “I ACCEPT” AND DO NOT USE THE SOFTWARE. BY CLICKING “I ACCEPT” OR ACCESSING OR USING THE SOFTWARE, YOU INDICATE THAT YOU ACCEPT AND AGREE TO THESE TERMS. PLEASE READ THIS SECTION CAREFULLY, AS YOU ARE ACKNOWLEDGING AND AGREEING TO THEM.
This Agreement is an agreement between you and TOCform Innotech Ltd. In this Agreement, references to “PELICAN” mean TOCform Innotech Ltd. You represent and warrant that you have the capacity to enter into this License Agreement relating to the Software and are of sufficient legal age in your jurisdiction or residence to use or access the Software. These terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction.
Subject to the terms and restrictions set forth in this License Agreement, PELICAN grants you a limited, non-exclusive license to use the Software and only for and in connection with your personal, non-commercial use of the Product. You are not permitted to (and will not permit others to) lease, rent, distribute, assign, commercially exploit, or sublicense the Software or in any other unauthorized manner. Further, no license is granted to you in the human readable code of the Software (source code).
From time to time, PELICAN may provide updates, upgrades, patches, bug fixes, and other modifications to improve the Software and related services (“Patches”). You acknowledge that you may be required to install Patches to continue to access and use the Software. You agree and consent to Patches being automatically installed without receiving any additional notice or providing any additional consent.
Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited.
You may express youself and to share content which you think important, but not at the expense of the safety and well-being of others or the integrity of our community. This agreement will be terminated immediately if you fail to comply with any term
We can remove or restrict access to content that is in violation of these provisions.
If we remove content that you have shared in violation of our terms of service, we'll inform you and explain the options you have to do such as a review of content, if you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harmful to PELICAN community, compromise or interfere with the integrity or operation of PELICAN.
You are encouraged to report objectional content or conduct that you believe violates your rights or our terms and policy by using the report function in PELICAN or contact us by email to flag objectional content. We also can remove or restrict access to your content, services or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to PELICAN. If you have seriously or repeatedly violate the above terms, your account will be TERMINATED and RESTRICTED ACCESS permanently.
All rights not expressly granted by PELICAN to you in this License Agreement are hereby reserved by PELICAN. There are no implied rights in this License Agreement.
This License Agreement is effective from the date you first use the Software or Product and shall continue until terminated. You may terminate it at any time upon written notice to PELICAN. It will also terminate immediately if you fail to comply with any term of this License Agreement. Upon such termination, the licenses granted by this License Agreement will immediately terminate and you agree to stop all access and use of the Product, Software and documentation. The provisions that by their nature continue and survive will survive any termination of this License Agreement.
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PELICAN PROVIDES THE SOFTWARE “AS-IS” AND DISCLAIMS AND EXCLUDES ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED. PELICAN DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SOFTWARE. PELICAN MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
Nothing in this License Agreement (including anything specified in this "Limitation of Liability" provision) shall attempt to exclude or limit liability that cannot be excluded or limited under applicable law.TO THE FULL EXTENT ALLOWED BY LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, PELICAN DISCLAIMS AND EXCLUDES FOR ITSELF ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SOFTWARE. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN FAILS ITS ESSENTIAL PURPOSE.
In addition to this License Agreement, you may also have other legal rights that vary from jurisdiction to jurisdiction. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers, or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you. When the implied warranties are not allowed to be excluded in their entirety, they will be limited to the extent and duration of the applicable written warranty. Your specific legal rights may vary depending on local law.
In the event any provision of this License Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact shall be substituted therefor.
PELICAN may send notices to you via email. Notices will be sent to the Email address that you registered with PELICAN.
The captions and paragraph headings of this License Agreement are for convenience and are not to be used in interpreting this License Agreement.
This License Agreement sets forth the entire understanding and agreement between you and PELICAN, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties that identifies itself as an amendment to this License Agreement.
If you have questions regarding this License Agreement, please contact PELICAN by sending an email to cs@pelican.net.