Website Terms of Use

1.1

We are BYKidO Pte. Ltd. and we own and operate this website (“Site”) at www.bykido.com.

1.2

Your use of this Site is subject to these Terms of Use. By using the Site, you are deemed to have accepted and agree to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

2.1

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

3.1

The Site is an online platform that provides access to a variety of Kids’ related activities and products from participating Partners (collectively referred to as “Activities” and the parties providing such Activities are referred to as “Partners”).

3.2

We provide the following services through the Site:

3.3

BYKidO provides the Platform and/or Service but not the Activities. The Service enables BYKidO members (“Members”) to redeem Activities vouchers (“Vouchers”) and join Activities offered by Partners. It is up to the Partners to offer their Activities to Members and it is up to Members to accept such Activities. The Platform and/or Service provided by BYKidO is to connect Members with such Partners but it does not nor is it intended to provide any of the Activities or any act that can be construed in any way as an act of providing the Activities.

3.4

You may search for Activities and Partners and view related information about the activity types as well as Partners’ locations and other related information such as amenities and other offerings. We may also feature an Activity as an advertisement on the Site or on any other social media sites, but this is not a recommendation or endorsement of such Activity. We make no guarantees or representations on the quality or nature of the Partners or Activities.

3.5

We reserve the right to change, remove or add the Partners without notice to you or liability to us.

4.1

To access certain parts of the Site you will be required to register for a Subscription through the Platform using your email address or through your Facebook credentials. You agree to maintain accurate, complete and up-to-date personal data in your Subscription. Your failure to maintain accurate, complete and up-to-date personal data (including having an invalid or expired Payment Method) may result in your inability to access and use the Platform and/or Service or termination of your Subscription. In certain instances you may be asked to provide proof of identity by us and/or our Partners to access or use the Activity and you agree that you may be denied access to or use of the Activity if you refuse or fail to provide proof of identity. If you sign up for an Account through your Facebook credentials, you permit us to access certain information from your Facebook’s profile for use by the Platform and/or Service. You may be able to control the amount of information that is accessible to us by adjusting your account privacy settings on Facebook.

4.2

You are solely responsible for safeguarding and maintaining the confidentiality of your Subscription. You agree not to:

4.3

You will be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Subscription. We will have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Subscription. If you are aware of any actual or suspected unauthorised use(s) of your Subscription, or loss, theft, or unauthorised disclosure of your password, please promptly notify us at: contactus@bykido.com

4.4

Each individual may register one (1) Subscription only. Where an individual is associated with multiple Subscriptions without our written authorisation, or fraudulent or wrongful use of a Subscription is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies to immediately: cancel any classes reserved through such Subscriptions; cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Subscriptions; prohibit such Subscriptions or persons from participating in any promotions or contest; and merge, suspend and/or terminate the Subscriptions.

4.5

We reserve the right to block, suspend and/or terminate any Subscriptions which in our reasonable opinion may give rise to a breach of any of this.

5.1

You may receive Subscription Credits (”Credits”) per Subscription cycle that can be used to redeem 1st Lessons from any Partner of your choice available on the Platform and/or Service up to a certain number of visits per Subscription cycle and subject to the respective conditions set by the Partners. You are not allowed to transfer, share or give your Credits and/ or Vouchers to third parties, including other BYKidO members. We and/or our Partners reserve the right to increase or decrease from time to time in our and/or our Partners’ sole and absolute discretion the number of Credits you have in a given Subscription cycle.

5.2

For purpose of illustration, we set out examples below:

6.1

Partners may offer Promotions on the Site. You may redeem the Promotions from any of our Partners of your choice available on the Platform and/or Service up to a certain number of Redemptions per Subscription cycle and subject to the respective conditions set by the Partners. You are not allowed to transfer, share or give your Vouchers to third parties, including other BYKidO members. We and/or our Partners reserve the right to change from time to time in our and/or our Partners’ sole and absolute discretion the Promotions and/or conditions set for the Promotions

7.1

Subscription starts on the date on which you sign up for a Subscription with us and submit payment via a current, valid and accepted Payment Method. Each Subscription cycle run within one of two time periods, Jan - Jun and Jul - Dec. For example, if your Subscription starts on 15th March, your Subscription will be up for renewal renew on 31st June. Once your new Subscription starts, you will receive your full number of Credits for such new Subscription cycle. Please note that any Credits not used during a Subscription are forfeited and will not be exercisable in the next Subscription cycle.

8.1

Subscriptions may be subject to applicable taxes, which will be added at checkout.

8.2

Subscription fee only covers your access to the Activities listed on the Platform. Some Partners may also charge other fees that are not included in their regular activity fees or offer other promotions or add-ons and you are responsible for such charges. Please read the description of each Partner carefully before reserving your Activity.

8.3

We may make promotional offers or discounts with different features and different rates to Members in our sole and absolute discretion and you agree that such promotional offers or discounts, unless also made available to you, shall have no bearing on your use of the Service or the Subscription fee applied to you.

9.1

You may only pay for Subscriptions on our Website using a valid credit or debit card or Paypal which is charged for the amount due at the time of purchase.

9.2

Payments are non-refundable and there are no refunds (Cash or Credit) for partially used Subscriptions.

9.3

You may edit your Payment Method information by accessing your account and editing your payment method through the payment portal.

10.1

If Credits are available, You are required to use the Credits available on your Subscription to redeem for 1st Lessons. You may redeem up to the total available number of Credits per Subscription cycle.

10.2

Promotions are redeemed on the Site but payment for the Promotions will be made directly with the Partner.

10.3

Some Activities require you to make reservations before attending the Activity. Please contact the Partner to make the necessary reservations. Upon visiting the Activity, you may be asked to show your proof of identity for verification purposes. Please ensure it matches with your official name in your Account. We make no guarantees or representations on the availability of Activities available for reservation as access to the Activities is on a “first come first serve” and “space available” basis.

10.4

If you do not attend a redeemed 1st Lesson and/or Promotion, the 1st Lesson and/or Promotion will be deemed as redeemed. Credit for 1st lesson will be deducted as if you had attended the class. There are no discounts for no shows.

11.1

We may offer Promo Codes to Members. We may also permit Partners to offer their own Promo Codes for use in conjunction with the Site.

11.2

Any Promo Codes offered through the website or the app cannot be redeemed or refunded for cash with us or used beyond their respective expiry dates.

11.3

You are solely responsible for the security of any Promo Codes that you open through the Site. We are not responsible for any loss or damage to those Promo Codes and do not have any obligation to replace them.

12.1

Your access to the Website may be terminated at any time without prior notice. All disclaimers and limitations of liability by BYKidO will survive such termination.

12.2

In the event of Subscription termination or cancellation, no transferring of Credits or entire Subscriptions is allowed. All Credits will be forfeited. No claim on unused Credits or transferring of Credits will be entertained.

13.1

You are responsible for all access to the Site using your internet connection, even if the access is by another person.

13.2

We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. The Site may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Site.

14.1

We make no promise that the materials on the Site are appropriate or available for use in locations outside Singapore. Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.

15.1

Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:

15.2

We reserve the right to revoke these exceptions either generally or in specific instances.

16.1

The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.

16.2

You may create a link to this Site, provided that:

16.3

We reserve the right to require you to immediately remove any link to the Site at any time and you shall immediately comply with any request by us to remove any such link.

17.1

The intellectual property rights in the Site and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission

17.2

By submitting content, ideas, suggestions, documents, and/or proposals to BYKidO through the Website, you acknowledge and agree that:

18.1

In no event shall BYKidO be liable to you or any third party for any damages, losses, expenses or costs whatsoever (including without limitation, any direct, indirect, special, incidental or consequential damages, or economic loss or loss opportunity) in connection with or arising out of your use of the Site, or reliance on any information, materials or online services contained or referred to in the Site, regardless of the form of action. This exclusion clause shall take effect to the fullest extent permitted by Singapore law.

18.2

While BYKidO has made reasonable effort to ensure the information or materials on the Site is free from error, BYKidO does not warrant the accuracy, adequacy or completeness of the information or material on the Site. The information and materials contained in the Site, including any services, products, information, data, text, graphics, audio, video, links and other items are provided "as is", and "as available". We expressly disclaim liability for errors or omissions in the information and materials.

18.3

The Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties

18.4

The use of any information or materials on the Website is entirely at your own risk. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements.

19.1

To the extent permitted by law, any condition or warranty which would otherwise be implied into the Terms and Conditions is hereby excluded. BYKidO makes no representation or warranty of any kind whether express, implied or statutory (including but not limited to any warranties of title, non-infringement of third party rights, satisfactory quality, fitness for a particular purpose and freedom from viruses and malicious destructive or corrupting codes, programs or similar items or processes) in conjunction with the Site, or any information and materials contained or referred to in the Site.

19.2

In addition to the above, BYKidO makes no representation or warranty that any product or services advertised on the Site will be available for purchase at the specified price or at all. Responsibility for the content of any advertisements appearing on the Site (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and/or services and each advertiser is solely responsible for any representations made in connection with its advertisement(s).

20.1

You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms and Conditions by you or any other liabilities arising out of your access or use of the Website, or the access or use by any other person accessing the Website using your personal information.

21.1

We provide the Site on an “as is” basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:

21.2

The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under Singapore law or statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

22.1

As part of the registration process, you may be asked to provide certain registration details or other information or information taken from your Facebook credentials. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

23.1

These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.

24.1

These Terms of Use will be governed by and construed in accordance with the laws of Singapore, and the courts of Singapore will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.

25.1

The relevant Partner, and not BYKidO, who supplies you with the Activities is solely responsible for supplying the Activities, and for redeeming any Promotions redeemed from BYKidO or gifted to you.

25.2

Nothing in these Terms of Use shall be construed to create a joint venture, partnership or agency relationship between you and BYKidO and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

25.3

You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms of Use. We will have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Use to any person.

25.4

BYKidO reserves the right to reject any Subscription sign up, Partner sign up, or redemption of Credit and/or Promotions at its own discretion and is not required to provide explanation.

25.5

We shall not be liable for any breach of our obligations under these Terms and Conditions if we are hindered or prevented from carrying out our obligations by any cause which is outside of our reasonable control, including, but not limited to, by fire, lightning, flood, extremely severe weather, lock-out, strike, labour dispute, act of God, riot, war, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

25.6

If any provisions of these Terms and Conditions are held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.