1.2 For the purposes of this Terms and Conditions, ‘we’, ‘us’ and ‘our’ refers to Gentle Kids, and ‘you’ refers to you and your child, the user of our Services. You and your child would be able to access Gentle Kids App and use our Platform once you have signed up for a parent account and a sub-account for your child.
ABOUT US AND HOW TO CONTACT US
2.1 We are Gentle Kids Limited, a company registered in Hong Kong. Our company registration number is 2855262 and our registered office is located at Unit 972, 9/F, Building 19W, No, 19 Science Park West Avenue, Hong Kong Science Park.
2.2 For any questions or problems related to our Platform, service provided, or these terms and conditions, you can contact us by telephoning our customer service team at 3170 2388 or email us at email@example.com
2.4 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.5 When we use the words “writing” or “written” in these terms, this includes emails.
CHANGE OF TERMS
3.1 We may amend these terms from time to time by posting the updated terms on our Platform. If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Platform and our services after the changes come into effect means that you agree to be bound by the revised policy.
AVAILABILITY OF OUR SERVICES
4.1 We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer or add or remove functionalities or features, and we may suspend or stop.
4.2 We may release products, services, functionalities or features that we are still testing and evaluating We will label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer.
4.3 We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Platform or any services we provide.
4.4 We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network, or equipment failures.'
4.5 You are responsible for configuring your information technology, computer programs and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.
YOUR ACCOUNT AND PASSWORD
5.1 In registering for an account on our Platform, you must provide truthful, accurate, and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.
5.2 You agree not to share your account credentials or give others access to your account without consent of Gentle Kids. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
5.3 We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.
5.4 You agree to follow our Acceptable Use Policy, which is set out at the end of these terms.
5.5 You are responsible for all actions or activities that happen by, through or under your account, unless you report misuse.
USE OF THE PLATFORM
6.1 You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.
6.2 We subject to your payment of applicable fees, we give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive, and revocable license to access and use our Platform, including any software or application as apart of the services we offer. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner permitted by these terms.
6.3 In your child’s account, your child may use Gentle Kids App to carry out some or all of the following services:
- Request tasks to do and be rewarded by you;
- Create a wish list of items and learn how many missions they will need to accomplish to make the wish comes true while the wish could be items, activities or any other possible object;
- Obtain learning resources for study.
6.4 This license to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
You must not copy, modify, distribute, sell, lease, loan, or trade any access to the Platform or any data or information on it.
7.2 You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other uses or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.
7.3 You warrant that Your Content is not and will not infringe the rights of any third parties and that you have all the necessary rights power and authority to satisfy your obligations with regard to Your Content under these terms.
8.1 All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.
8.2 We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory, or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Platform.
8.3 Our name “Gentle Kids” and our marks and logos are our trademarks (be it registered or unregistered) and may not be used without our express prior written consent.
9.1 We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions, or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
9.2 You hereby waive and agree to waive any rights to claim for any fees, royalties, charges, or other payments in relation to our use, disclosure, adoption, and/or modification of any of your feedback.
LIMITATION ON LIABILITIES
10.1 Some countries or jurisdictions may not allow the disclaimers in this clause, in which case these disclaimers will not apply to you.
10.2 To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners, and licensors (collectively, “Our Entities”) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
(a) we provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;
(b) we give no assurance, representation, or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
(c) we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete, and up-to-date;
(d) we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
(e) we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs, or errors; and
(f) we are not responsible for the conduct of any content or information submitted or posted by any user of the Platform (whether online or offline)
10.3 To the fullest extent permitted by law, Our Entities are not liable to you or others for:
(a) any indirect, incidental, special, exemplary, consequential or punitive damages; or
(b) any loss of data, business, opportunities, reputation, profits or revenues,
(c) relating to the use of our Platform or any products or services we offer.
10.4 We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
10.5 If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limits your legal rights as a consumer that may not be waived by contract.
10.6 Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.
11.1 You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.
11.2 You also agree to fully cooperate with us in the defense or settlement of any claim in relation to or arising out of our Platform or these terms.
12.1 These terms will continue to apply until terminated by either you or us as follows.
12.2 You may stop using the Platform at any time by deactivating your account.
12.3 We reserve the right to suspend or terminate your access to our Platform, if we reasonably believe:
(a) you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment);
(b) you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public.
(c) we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
(d) our provision of the Platform to you is no longer possible or commercially viable.
In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.
12.4 Upon termination of your access, these terms will also terminate except for Clauses 10 to 16
12.5 Where we consider it necessary or appropriate, we will report any breach of these terms (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
13.1 These terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations, and understandings between any user and us, whether written or oral, in relation to the use of any transaction on the Platform.
13.2 You acknowledge that you will have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these terms.
14.1 We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any products not provided.
14.2 You may only transfer your rights or your obligations under these terms to another person or entity if we agree to this in writing.
14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.1 If you have any questions about these terms or the Acceptable Use Policy, please contact us by firstname.lastname@example.org
GOVERNING LAW AND JURISDICTION GOVERNING LAW DISPUTE RESOLUTION
16.1 These terms are governed by and shall be constructed in accordance with the laws of the Hong Kong Special Administrative Region.
16.2 The courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.