Terms Of Service Kinderpass
1. GENERAL INFORMATION
These Terms & Conditions (these “Terms”) contain the terms and conditions on which Social Weaver Pte. Ltd. (UEN 201601519E) (the “Company”), a private company limited by shares, incorporated under the laws of Singapore, with its registered office at 72, Farrer Road, 04-01, 268851, supplies content, products or services listed on www.mykinderpass.com (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps, under the name KinderPass, are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of the company).
Please read the terms carefully before ordering any Products from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.) In these TOS:
- “Applicable Laws” mean any statute, law, regulation, ordinance, rule, judgment, notification, order, decree, by-law, permits, licences, approvals, consents, authorisations, government approvals, directives, guidelines, requirements or other governmental restrictions, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any regulatory authority.
- “Activities” include but are not limited to physical, recreational, educational, or entertainment services, events, and experiences offered on the platform;
- “Content” shall mean any content or material uploaded by the User on the Website (or provided by any other means to the Company), including without limitation photographs, videos, audio recordings, reviews, recommendations, experiences, questions and answers, testimonials & advice;
- “Party” shall mean any User or the Company, and “Parties” shall refer to the User and the Company collectively;
- “Platform” shall refer to the Website and App collectively;
- “Vendor”shall mean any User who provides or advertises its products / services or offers Kinderpass Services through the Platform;
- “Device” refers to the device which is used to access the Products including but not limited to computers, smart phones and tablets.
- “User” shall mean any legal person or entity accessing or using the Website and / or the Services (defined below);
- The User is aware and expressly consents to be subject to the rules, guidelines, policies, terms, and conditions contained in the Policy as supplemented, revised and/or amended from time to time, without notice to the User. The terms of the Policy are hereby incorporated into the TOS, and the User expressly and unconditionally agrees to be bound by the same.
- A person who is not competent to contract (a minor, a person of unsound mind etc.) may only use the Platform with the consent of her or his guardian. The guardian is presumed to have read these TOS prior to giving consent.
- A person using the Platform / availing of the Services for, or on behalf of, a legal person (other than a natural person, and whether or not such legal person is a Vendor) expressly and unconditionally warrants that he/she is authorised to act on behalf of such legal person, and that he/she has the authority to bind it to these TOS.
- Visiting the Platform and/or availing any of the Services shall be deemed to signify the User’s acceptance of the TOS. Users who do not agree to these Terms, should refrain from using the Products.
- The User agrees that the TOS constitute a legally binding agreement between the User and the Company.
- It is expressly agreed to by the Parties hereto that any information, Content, media and material shared by the User with the Company and / or other users of the Platform shall be governed by the TOS.
- As long as the User complies with the TOS, he or she is granted a personal, non- exclusive, non- transferable, revocable licence to enter and use the Platform, and avail of the Services.
- The User is aware that while he/she can browse certain sections of the Platform without being a registered User, certain activities (such as availing of the Services or access to the Content) require the User to provide valid personal information to the Company / Platform for the purpose of registration- this may include submission of email address and creating a password to be used in conjunction with that email address.
- The User is aware that the information provided to the Company/Platform may be used to send the User offers and promotions, and the User hereby expressly consents to receiving the same. User can can easily unsubscribe from KinderPass commercial emails by following the opt-out instruction in these emails.
- KinderPass memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
Our contact email address is email@example.com. All correspondence to KinderPass including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.
2. PLATFORM, PRODUCTS AND SERVICES
The Platform and the Products provide solutions to parents (including expecting parents) in respect of issues relating to parenting and pregnancy and is intended to create a repository of development knowledge and information relevant to infants, toddlers, pre-schoolers and young children. The Platform enables parents to access relevant and age appropriate activities for their children and to avail of Products offered on the platform. The Platform also enables parents to upload Content for the use and benefit of other users of the Platform, relating to all aspects of parenting, including health, education, hobbies and future planning, as well as, ratings & reviews of activities and such content.
The TOS will remain in full force and effect while the User continues to access the Platform and avail of the Services, and/or is in possession of an account. The User is aware that the Company may terminate or suspend the User’s account at any time, without cause or notice. The User is further aware and expressly agrees that even after the User’s account is terminated for any reason, the TOS shall survive such termination, and shall continue to operate in full force and effect, except for any terms that by their nature expire or are fully satisfied.
The User is aware that while the primary mode of communication between the Parties shall be through the Platform, notwithstanding anything contained herein, the User may be contacted by the Company or any of its affiliates by any alternative means of communication, including without limitation the User’s mobile phone and email address, and the User hereby consents to the same. Unless specifically agreed otherwise, this TOS will apply to any such communication.
5. ACCOUNT SECURITY
The User is responsible for maintaining the confidentiality of his/her username and password, assigned during the registration process, and the User is solely responsible for all activities that occur under the User’s username. The User agrees to immediately notify the Company of any disclosure or unauthorized use of the User’s username or password, or any other breach of security with respect to the User’s account. The User must ensure that he/she logs out from his/her account at the end of each session to prevent misuse of the account, and the User expressly agrees and consents to be liable and accountable for all activities that take place through the account.
The User is aware that, the Company through the Platform may occasionally request the User to complete optional online surveys. These surveys may require the User to provide contact information and demographic information. The User unconditionally consents to, and is aware that, this data may be relied upon by the Company to customise the Platform for the benefit of the User, and the Company may provide all Users of the Platform with Services / Content that the Company believes they might be interested in availing, and to display Content according to the User’s preferences indicated in the optional online surveys.
7. ONLINE REVIEWS
The User is aware that the Company through the Platform may occasionally request the User to write reviews for the Products, or third party establishments / services listed on the Platform (including but not limited to those owned / operated by Vendors). The User is aware that such reviews will help other users of the Platform make prudent and educated choices with respect to the same, and also help the Company / Platform improve the quality of the Services and Content, and the User hereby expressly authorises the Company to publish any and all reviews / comments / feedback shared by the User on the Platform, along with the User’s identity and certain contact details, for the benefit and use of other users of the Platform.
8. KINDERPASS SUBSCRIPTIONS, PAYMENTS AND CANCELLATIONS
KinderPass account holders may access the Products in two ways:
- Basic : a free-of-charge program, which gives access to 1 activity per day.
- Premium : a subscription fee-based program, which gives access to all activities and content on the platform, including but not limited to features such as Growth Tracker, Vaccination Reminder, Milestone tracker and summary reports etc.
Members will only have access to the Subscription Program while subscription is active and subsisting.
Members may get access to a free trial period of the Subscription Program in accordance with certain promotional offers.
Members may purchase a subscription to the Products from the Website, within the Apps, where allowed by the App marketplace partners.Please note that for purchase of subscription through the Apple iTunes Store or iPhone application, the sale is final, and no refund will be provided. Purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. For purchase of subscription through the Google Play store, the sale is final and refund will not be provided. Purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.
All Members start on a premium plan with access to all features and after trial period (14 days), they can choose to continue on basic plan or can choose to pay for the plans on a monthly, or yearly basis. Lifetime plans are paid upfront and have no expiry date.
KinderPass offers Monthly and Annual subscription options and Lifetime plan. For the purposes of calculation, a month constitutes 30 calendar days, and a year constitutes 365 calendar days. For the purposes of Lifetime subscription, lifetime constitutes 100 years or until the date KinderPass ceases to commercially offer the Products.
“Monthly” subscription is paid in monthly instalments. For each month that the monthly subscription is active, Member acknowledges and agrees that KinderPass is authorized to charge the same credit card as was used for the initial subscription fee or other payment method in the amount of the current monthly subscription fee as of the time of renewal. The monthly renewal subscription fees will continue to be billed to the Payment Method provided by User, automatically until cancelled. Member must cancel subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method provided. Refunds cannot be claimed for any partial-month subscription period.
“Lifetime” plan is paid for by a one-off upfront payment.
“Yearly” subscription is paid for by an upfront one-off payment with automatic annual renewals. KinderPass is authorized to charge the Payment Method used for
- the initial annual subscription fee at the rate secured at the time of purchase,
- the renewal subscription fee(s) at the non- discounted rate in effect at the time of any such renewal. Member must cancel subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period- Users will continue to receive the Services ordered until the end of the current Subscription period.
Users can transact only via a current, valid, and accepted mode of payment (“Payment Method”) to purchase a Kinderpass subscription. The User hereby authorises the Company to charge the chosen Payment Method for any payments that may be initiated to purchase the Kinderpass. The subscription fee for each Kinderpass Cycle shall be billed automatically to the Payment Method on the commencement of each billing Cycle unless the subscription is cancelled or terminated.
Payments made are not refundable on demand. At any time and for any reason, the Company may, at its sole discretion, provide a refund to some or all of its Users.
The Company may use a third-party payment processor (“Payment Processor”) to bill Users through their selected Payment Method. The processing of payments will be subject to the terms and policies of such Payment Processor in addition to these TOS. The Company shall not liable for any error by the Payment Processor. In the event of any unsuccessful payments, the money so debited shall be credited in 7-10 days in accordance with the terms of the Payment Processor.
KinderPass reserves the right to change subscription plans or adjust pricing for service or any components thereof in any manner and at any time as may be determined at company’s sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to subscription plan will take effect following notice to Users.
Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the rate in effect at the time of renewal for the type of subscription purchased.
8.3 CANCELLATION OF SERVICES
CANCELLATION BY USER
User may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable billing cycle. For more, please visit account subscription and payments page or emailing firstname.lastname@example.org.
User may cancel a Yearly subscription purchases through the Website or Google Play store at any time. Refund will be processed only if a request is made within 30 days of purchase. However, all such requests will be dealt with on a case to case basis and need to be made by emailing email@example.com. Note: User is entitled to one refund only (for any plan). No such refunds will apply to future subscriptions or subsequent renewals of the Yearly subscription or subscriptions purchased through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application.
Lifetime plans and Gift card purchases cannot be cancelled and are non-refundable.
Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
CANCELLATION BY KINDERPASS
Termination or suspension of user account may be done by Company immediately and without notice based on breach of terms or fraud, including without limitation, the unauthorized copying or download of our audio or video content from the Products.
“Gift cards” are pre-paid memberships to the Products. A person who purchases the gift is referred to in these terms as the “Giftor”. A person who receives and redeems a Gift Subscription to the Products is referred to in these terms as the “Recipient”. Gift subscriptions are paid for as a one-off upfront payment. Once bought, the Giftor will receive an Order confirmation and receipt. The KinderPass gift card will be sent to the Recipient on the Giftor’s specified date. Gift cards or codes cannot be redeemed for cash, resold or combined with any other offers, including free trial. Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application. Payment Method will be billed for any purchased Gift card or code at the time of purchase, not delivery. There are no refunds or other credits for Gift cards that are not redeemed. KinderPass is not responsible if a Gift card is lost, stolen or used without permission.
8.5 REFERRAL POLICY
Existing Users may refer other Users to register on the platform or purchase KinderPass products by sharing a unique code with them. For every new User you refer who successfully signs up on the Platform, both you and the new User will be entitled to receive 1 month of premium subscription free of cost. There is no limit to the number of free subscription months a User may earn over the lifetime of participation across all referrals. Referral months are not transferable. For this purpose, any referrals to existing Users, duplicate accounts, same IP addresses, accounts within same family shall not be considered. After due validation, subscription credits will be transferred to you within 3 months from the date on which the new User you refer signs up on the Platform, provided you and the referred User both have active accounts on the Platform.
Each Vendor represents and warrants that it has all requisite regulatory permissions and consents to provide any service that it intends to provide through the Platform. Each Vendor agrees that any Content that it uploads on the Platform (or submits to the Company in any way) will not violate any applicable law. The Company may, at its discretion, remove any material that any Vendor has submitted, at its sole discretion. Should any material be violating any applicable law or if the Vendor breaches its representation and warranties, the Company reserves the right to impose any penalty on the Vendor. No monies paid to the Company by the Vendor (if applicable) shall be refunded to the Vendor.
- such service or product is appropriate for the use that the User intends to put it to;
- such service or product is safe; and
- such service or product or Vendor complies with applicable law.
11. INTELLECTUAL PROPERTY
- The User is aware that the Company owns and retains all proprietary rights in the Platform, and in all proprietary content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Platform contains the copyrighted material, trademarks, and other proprietary information of the Company and/or its licensors, and the User agrees not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Platform, without first obtaining the prior written consent of the Company. The User agrees to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
- The User expressly and unconditionally agrees that the Company is granted a royalty-free, perpetual, irrevocable, exclusive right and license in respect of the Content and that the Company is eligible to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such Content, without additional approval or consideration, for the full term of any rights that may exist in such Content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all rights to the Content, and that use of such Content by the Company (on the Platform or otherwise) does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company, for its use of the Content. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User. Nothing contained herein shall create any manner of obligation on the Company to use the Content or display the same on the Platform. The Company reserves the right to monitor, edit, remove, and add to any Content, at its sole discretion (including for its compliance with applicable laws, orders, directives or guidelines), without cause or notice, and the User expressly and unconditionally agrees to the same.
Usage of the Platform is free of cost, however, the User is aware that Company reserves the right to amend this policy and charge its users for the Services, or any part thereof, at any time. The Company may also launch any additional or premium services not currently offered, which may be chargeable. The User expressly and unconditionally agrees to be bound by any such revisions of the fee policy and/or charges for any additional or premium services.Any Vendor may be charged for any service provided by the Company. Such engagement is subject to any agreement between the Vendor and the Company.
The Company may store, display, reproduce, publish, distribute or otherwise use the Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to the User. Subject to compliance with applicable law, other users may have access to this Content and may have the ability to share it with third parties. The User agrees and acknowledges that public postings on the Platform (including all Content available therein or communicated through the Service) are not confidential. The Company does not control the access to the information on the Platform (including all Content available therein) or communicated through the Service that the User chooses to make public, and cannot ensure that any person who has access to such publicly available information will respect the User’s privacy or keep it secure. The Company shall not be held responsible for the privacy or security of any information on the Platform (including all Content available therein or communicated through the Service) that the User makes publicly available, or what others do with such information. The Company is not responsible, or liable to any person, for the accuracy, use or misuse of any Content that the User discloses or receives from third parties through the Service.
14. MODIFICATIONS TO SERVICE
The Company reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice or cause. The User agrees and acknowledges that the Company shall not be liable to the User or to any third party for any such addition, modification, suspension or discontinuation of any of the Services. To protect the integrity of the Services, the Company reserves the right to block users from certain IP addresses from accessing the Services, at any time.
15. LINKS TO WEBSITES/HOME PAGE
15.1 We may provide links to other websites or services for User to access. User acknowledges that any access is at his/her sole discretion and for information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:
the availability of,
the privacy practices of,
the content, advertising, products, goods or other materials or resources on or available from, or
the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
15.2 User may link to our home page, provided it is done in a way that is fair and legal and does not damage our reputation or take advantage of it, but User must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. User must not establish a link from any website that is not owned by the User. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless User has written permission to do so from KinderPass. We reserve the right to withdraw linking permission with written notice. The website from which User is linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Products other than that set out above, please address your request to firstname.lastname@example.org
KinderPass is a provider of online and mobile educational content in the parenting and early childhood space. We are not a child care or health care provider, nor should our Products be considered medical advice. Only your physician or licensed medical practitioner or other health care provider can provide that. The content, information and services are not intended to and does not constitute legal, professional, medical or healthcare advises or diagnosis and may not be used for such purposes. Company does not represent or warrants any results by using the services rendered.
Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.
The User acknowledges and agrees that the Company and/or its affiliates and third parties shall not be responsible for, and shall not be deemed to have any liability - directly or indirectly, for any loss or damage that occurs as a result of or allegedly as the result of (i) any incorrectness or inaccuracy; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, or unauthorized access to, any user account or user communications; or (iv) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or server congestion on the internet, or at any Platform or combination thereof, including injury or damage to the User’s or to any third party’s computer or device, related to or resulting from the User availing itself of the Services.
The User is aware and acknowledges that to the maximum extent allowed by applicable laws, the Company grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Platform (including all Content available therein), including without limitation any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non- infringement. The Company does not represent or warrant that the Services will be uninterrupted, error free, secure, or that any defects or errors in the Service / Content will be corrected.
The User is further aware and acknowledges that any material downloaded or otherwise obtained through the use of the Content / Services are accessed by the User at his/her own discretion and risk, and the User will be solely responsible for, and does hereby waive any and all claims and causes of action with respect to, any damage to the User’s device, computer system, internet access, or loss / corruption of the User’s personal data, that results or may result from the use of the Platform or availing of the Services. If the User does not accept this disclaimer and the limitation on liability, the User is not authorized to avail itself of the Services, or to access/visit the Platform.
The User is aware and acknowledges that the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Platform, including without limitation content provided / uploaded by other users of the Platform. The User is aware that all such third party content is the responsibility of the respective authors thereof, and the Company does not make any warranties or guarantees with respect to the same. The User is further aware that the Company does not: (i) guarantee the accuracy, completeness, or usefulness of any third party content provided through the Platform / Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any content, opinion, advice, or statement made / uploaded by any party. The User agrees and acknowledges that under no circumstances will the Company or its affiliates be responsible or liable for any loss or damage resulting from the User’s reliance on such information or other content made available to the User by such third parties through the Platform.
The User agrees and undertakes that he/she is accessing the Platform and transacting at his/her sole risk and that he/she is using his/her best and prudent judgment before acting pursuant to the advise / information contained on the Platform or communicated through the Service, including but not limited to the Content. The Company accepts no liability for any errors or omissions, whether on behalf of itself, its users, or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse by the User of any Content, or actions / inactions made pursuant thereto. The Company does not guarantee that the functions and services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Platform.
The User hereby accepts full responsibility for any consequences that may arise from the User’s use of the Content, and expressly agrees and acknowledges that the Company shall have absolutely no liability with respect to the same.
The User hereby expressly authorises the Company to disclose any and all information relating to the User in the possession of the Company to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, including but not limited to the User’s identity, Content supplied by the User, the User’s banking information, and User correspondence. The User further understands that the Company might be directed to disclose any such information as may be deemed necessary to satisfy any judicial order, law, regulation or valid governmental request.
Nothing contained herein shall be deemed to compel the Company to store, upload, publish, or display in any manner Content / reviews / surveys / feedback submitted by the User, and the User hereby expressly authorises the Company at its sole discretion to remove from the Platform any such Content, review, survey, or feedback submitted / uploaded by the User, without cause or being required to notify the User of the same.
The details of various third party Vendors and establishments, provided on the Platform are listed on the assumption that such third party Vendors and establishments have complied with all the laws and regulation applicable to them for rendering their services.
17. END USER LICENSE
17.1 Subject to the terms of this license agreement (“License Agreement”), as set out in this section 17, and these other Terms, and your payment of applicable subscription fees, KinderPass grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products.
17.2 The Products contain or embody copyrighted material, proprietary material or other intellectual property of KinderPass or its licensors. All right, title and ownership in the Products remain with KinderPass or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.
17.3 You agree that you will not and you will not assist or permit any third party to:
Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products;
Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;
Tamper with the Products or circumvent any technology used by KinderPass or its licensors to protect any content accessible through the Products;
Circumvent any territorial restrictions applied to the Products; or
Use the Products in a way that violates this License Agreement or the other Terms.
17.4 You may not make the Products available to the public. The Products made available (in whole or in part) are owned by KinderPass or its licensors and your use of them must be in accordance with these Terms.
18. SUSPENSION OF USER ACCESS AND ACTIVITY
If the User is in breach any of the terms of the TOS;
If the User has provided wrong, inaccurate, incomplete or incorrect information;
If the User’s actions may cause any harm, damage or loss to the other users or to the Company, as determined by the Company in its sole discretion; or
If the Company has received complaints relating to the User’s behaviour or Content from other users.
19. ZERO TOLERANCE POLICY
racist comments, videos or actions;
the use of abusive language or gestures;
pornography in any form;
the use or endorsement of any vulgar or prurient language or services.
PROHIBITED USE OF PRODUCTS
Users agrees not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. Users agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. User may not access the Products in an unauthorized manner.
User agrees not to impersonate any other person while using the Products, conduct self in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
By breaching the provisions of this section, User may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing User identity to them. In the event of such a breach, User’s right to use the Products will cease immediately.
User agrees not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of KinderPass.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services offered on the Platform, or any portion thereof, at any time, without notice or cause. The User shall however continue to be bound by certain terms contained the TOS, including without limitation Clauses 10, 11, 13, 14, 18, 21,22 & 23 herein, and it is expressly agreed to by the Parties that the User shall not have any right to terminate the TOS. The User’s only recourse hereunder shall be to stop accessing the Platform and availing itself of the Services.
21. INDEMNITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents, and their successors and assigns, and against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to the Content, any warranties, representations or undertakings, or in relation to the non- fulfilment of any of the User’s obligations under the TOS, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other users, or the infringement of any other rights of a third party.
In no event shall the Company be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company had been advised of the possibility of such damages, based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services. The Company reserves the right to assume exclusive control of its defence, and of any matter otherwise subject to indemnification by the User, in which event the User will fully cooperate with the Company in connection therewith, and hereby expressly agrees to bear the cost thereof.
The User acknowledges that the Platform contains advertisements, listings and other Content that is published by parties other than the Company and that any liability on account of such advertisement, listing or other content lies with the author of such material.
The Parties agree that in the event any liability is imposed on the Company in respect of the Content, the Platform, the Services and / or any other matter, directly or indirectly, related to the Platform or the Services, the liability of the Company in relation thereto shall be limited to the amount of money paid by the User to the Company or US$100, whichever is lower.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company incurring any form of liability whatsoever, the TOS will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment, and the User shall be prohibited from accessing the Platform or availing itself of the Services thereafter.
22. GOVERNING LAW AND JURISDICTION
The agreement arising from the TOS shall be governed by, construed under and enforced in accordance with the laws of England, without regard to any conflict of law provisions.
23. DISPUTE RESOLUTION
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force. The Tribunal shall consist of one arbitrator to be appointed by the President of the Singapore International Arbitration Centre. All arbitration proceedings shall be in the English language. The Parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the Dispute through mediation at the Singapore International Mediation Centre ("SIMC"), in accordance with the SIAC-SIMC Arb-Med- Arb Protocol for the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by SIAC and may be made a consent award on agreed terms.