GALAXY KIDS APP- TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS (‘TERMS’) CONSTITUTE A BINDING LEGAL AGREEMENT GOVERNING YOUR USE OF THE SERVICES. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, REGISTERING, TRANSACTING, SUBSCRIBING TO OR INTERACTING WITH ANY SERVICE OR FEATURE GOVERNED BY THESE TERMS AND CONDITIONS. IF YOU USE THIS WEBSITE AND ITS RELATED MOBILE APPLICATION, YOUR USE WILL BE TREATED AS ACCEPTANCE TO THESE TERMS AND CONSENT TO BE FULLY BOUND BY THEM. YOU MUST NOT USE THIS WEBSITE AND ITS APPLICATION IF YOU DO NOT AGREE WITH THESE TERMS.
1. Data Controller Information:
All data submitted in connection with the use of our services will be processed by Robot Galaxy Kids International Company Ltd, a limited liability company registered in Thailand and having its principal place of business at 1213/326 Town In Town Soi.21, Ladprao 94, Srivara Road, Phlabphla, Wangthonglang, Bangkok 10310, Thailand phone number +66 2 185 3176, email address: [email protected]
Robot Galaxy Kids international Company Ltd is the Data Controller to the degree that it determines the purposes for which personal information is processed. Company will process your personal information pursuant to applicable data and privacy protection laws and assumes responsibility for personal information directly provided by you or information collected about you in connection with the use of the Services.
Welcome to the Galaxy Kids App which is owned by Robot Galaxy Kids international Company Ltd (hereafter the ‘Company’, ‘we’, ‘our’ or ‘us). By using, subscribing to, or creating an account with Galaxy Kids mobile application (hereafter ‘Galaxy Kids’), or using any website, content, services featured on Galaxy Kids (together referred to as the ‘Services’), you are representing that you have read these Terms and agree to be fully bound by them. In addition to these Terms, your use of the Services may be subject to additional terms of service and sale documents that apply to particular promotions or contests (‘Additional Terms’). In the event of conflict between these Terms and Additional Terms, these Terms shall prevail unless expressly provided otherwise in writing.
Key Terms: In these terms, except where the context suggests otherwise, the following terms shall have the following meanings:
‘Agreement’ means these Terms and Conditions.
‘You’ or ‘Customer’ refers to the adult users, customers, or subscribers of the Services. By using the Services, you warrant that you have attained the appropriate legal age required entered into binding contracts and that you accept responsibility to make sure that your child’s use of the Services complies with these Terms and Conditions.
- Your use of the Services, including registration, purchases, or subscriptions constitute definite acceptance of these Terms.
- Our services are currently available to Families.
- By enrolling in a given subscription, you agree that your subscription may renew automatically for the specified subscription period and you authorize us to debit your payment method for your subscription period unless you cancel it before the renewal date.
- You agree that disputes and claims between you and us will be settled through arbitration as opposed to court proceedings.
- Our Services are provided on ‘as is’ and ‘as available’ basis and we make no warranty of any kind as to the completeness, accuracy, or reliability of the Services.
2. Scope of Services
Galaxy Kids provides an interactive online learning platform for children and Parents. These include various learning activities, games, content, and applications. Our users are primarily Children and their Parents (Adults).
3. Accounts and Registration:
Accounts: Galaxy Kids allows parents to create user accounts for their children. Family Account: We may also family accounts with a maximum of 3 users/children:
Password, access, and confidentiality: A family or child account must have one administrator who must over the age of 18. Account administrators will be required to create a username and password for certain parts of the Service, including for example the subscription information. As an administrator, it is your sole responsible to ensure safety and confidentiality of your account. Furthermore, you agree that: (i) you assume responsibility for all actions happening under your account, (ii) your password is personal and must not be shared, disclosed, or be used by anyone else, (ii) you will inform us promptly of any unauthorized use or suspected breach of security, (iii) we will not in any manner whatsoever be liable for any loss, harm or damage sustained or suffered by you in connection with unauthorized access or use of your account; and (iv) you will not assign or transfer your rights or obligations to a third party. If we have reasons to believe that you have permitted ineligible users to create an account on the App, we may seek additional information from you or take action to suspend such account.
Account or subscription fees: We may charge fees for certain accounts including when you subscribe to paid features of the Service. Subscription fees may be charged at any time at the end of your subscription period. Payments and prices are subject to the terms applicable at the time of subscription. We may also offer limited free access and use of the Services including trial and promotional offers. If you purchase trial or promotional offers, please note that the duration and price of your subscription is subject to the terms of the trial offer applying at the time of subscription and your subscription may renew under additional or different terms and conditions.
Authorization to Charge your Payment Method: To use and maintain a paid account, you must use a credit card, debit card, or other payment methods (Payment Method), recognized or required by us or our partners (Google Play, App Store, etc.). By using the service and creating a paid account, you authorize us to charge your specified Payment Method. If we do not receive the amount due for the relevant subscription period, you agree that you will settle and pay the full amount on demand and assume full responsibility for any claims or dispute with your payment provider. If we are unable to debit your Payment Method including for example for lack of sufficient funds, you agree that we will have the right to try charge your Payment Method at a later date for the full outstanding amount or in smaller installments of the originally owed amount. We will not charge in excess of the amount for which you subscribed. You agree that you will be liable for any fees or penalties that may be imposed by your payment provider.
In addition, Galaxy Kids uses third-party payment providers to process payments for Services. In the event that these payment providers experience a security breach involving loss, alteration or disclosure of personal data, and provided that such breach has not happened through our fault, you agree that we will not be liable for any loss, harm or damage arising out or connected to such breach.
Renewal: Your subscription will renew automatically unless cancelled at the price and terms indicated at the time of subscription. If you do not want your subscription to renew automatically, you must turn off or cancel auto-renewal. We will send a confirmation email indicating that the auto-renewal of your subscription has been cancelled or disabled.
Cancellation: You may cancel a continuing subscription at any time by following the cancellation procedures provided on your Galaxy account. If you have purchased or activated the Service via Google Play Store or App Store, you may cancel your continuing subscription by following the cancellation process provided by Google Store or App Store. You may be required to confirm the cancellation. Please note uninstalling the App from your device does not cancel your subscription and we may continue to bill your payment method until your subscription is cancelled.
If you cancel your subscription, we will not refund any fee for the unused portion of the subscription period but we will not continue to charge you after the expiry of current billing cycle. We will send a cancellation confirmation to the email address you provided during registration.
4. Ownership and License:
The Galaxy Kids App and content, materials, created by it are the sole property of Robot Galaxy Kids International Co Ltd, protected by applicable copyright laws and other applicable laws. The design, construction software or computer code used on the App are valuable trade secrets and confidential information of Robot Galaxy Kids.
Except as provided in these Terms, your use of the App does not grant you any ownership, interest or right to any intellectual property rights in the App. All rights to the App, including all associated copyrights, patents, trademarks, service marks, design rights, database rights, trade secrets, and related intellectual property rights are reserved by the Company.
To the extent that you submit user submissions, comments, testimonials, or suggestions (‘User Submissions’), you grant the Company the right and license to retain and use such submissions for any purpose, including improvement and development of present and/or future services and products, without additional compensation to you.
5. User Submissions:
Certain portions of the Galaxy Kids may enable you to upload, transmit, or share content with Galaxy Kids and other users (User Submissions). Subject to these Terms and Conditions and any subsisting rights of other users in User Submissions, You will retain all rights, including intellectual property rights that you already own under relevant laws, in your User Submissions that you share, publish or upload through the App. You agree that you grant Galaxy Kids a permanent right and license to use, duplicate, store, reproduce, distribute, perform, display, adapt, translate and/or create derivative works of, and otherwise utilize it in any manner, all or any part of the User Submissions. You agree that you will not in connection with your use of the Services, create, upload, transmit, or share content that is:
- untruthful, deceptive, misleading or fictitious;
- offensive, threatening, harassing or abusive or otherwise inappropriate;
- Violates the privacy, publicity or copyright, trademark, patent or other intellectual property rights of any person;
- Defamatory, racist or discriminatory based on any status;
- Violates this Agreement or any applicable law.
6.Restrictions on Use of the Service:
You must not:
- resell, rent, distribute, pledge or sublicense the Galaxy Kids App
- Except as expressly permitted by law, reverse engineer, decompile, disassemble or decrypt, or extract any portion of the Galaxy Kids App
- use or access the Galaxy Kids App so as to: (i) design or provide a competitive product or service, (ii) make or have made a product using similar concepts, ideas, services, tools, features, functions or graphics of the App, (iii) make derivative works of our content, materials, or trademarks (iv) replicate any features, tools, functions or graphics of the Galaxy Kids App or the Galaxy Kids Content.
- Use the App to upload, transmit or share content that: (ii) violates the intellectual property rights of any person, or (ii) damage, impair or destroy the operation or functioning of the App.
- Defeat or by-pass, or attempt to defeat or by-pass, any access control mechanisms we have put in place.
- Use the App and/or the Galaxy Kids Content in violation of our policies or Terms and Conditions.
- Use the Services for other purposes than personal non-commercial use;
7. Third-Party Links and Websites:
8. Disclaimed of Warranties, Indemnity, and Limitation of Liability:
YOU USE THE GALAXY KIDS PLATFORM, SERVICES, WEBSITE, MATERIALS, AND ANY CONTENT CONTAINED ON OR OBTAINED THROUGH THE GALAXY KIDS PLATFORM IS AT YOUR OWN RISK. THE CONTENT AND ANY SERVICES SUPPLIED OR OBTAINED THROUGH THE GALAXY KIDS PLATFORM ARE SUPPLIED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT WARRANTIES, ASSURANCES, REPRESENTATIONS OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED. NEITHER GALAXY KIDS NOR ANY ENTITY ASSOCIATED WITH GALAXY KIDS MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE CORRECTNESS, COMPLETENESS, APPROPRIATENESS, QUALITY, OR ACCESSIBILITY OF THE GALAXY KIDS PLATFORM. THIS DISCLAIMER DOES NOT EXCLUDE WARRANTIES WHICH CANNOT BE LIMITED OR REPUDIATED UNDER APPLICABLE LAWS.
UNDER NO CIRCUMSTANCES WILL GALAXY KIDS OR ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, LICENSORS, AGENTS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR CONTRACTORS, BE HELD LIABLE FOR DAMAGES OF ANY KIND, ENSUING FROM OR CONNECTED TO YOUR USE OR INABILITY TO USE THE GALAXY KIDS PLATFORM, INCLUDING BUT NOT LIMITED TO LIABILITY FOR ANY LOSS OF PROFITS, SALES, REVENUE, GOODWILL, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, OR INCIDENTAL, ANCILLARY, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF GALAXY KIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH DAMAGES ARE BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), AGENCY, STRICT LIABILITY OR OTHER LEGAL THEORY. GALAXY KIDS SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY IN DELIVERY OR SUPPLYING THE SERVICES CAUSED BY EVENTS BEYOND ITS CONTROL.
YOU UNDERSTAND THAT THE USE OF SERVICES AND DOWNLOAD OF ANY CONTENT OR MATERIAL PROVIDED ON THROUGH THE SITE IS AT YOUR RISK AND WE WILL NOT BE LIABLE FOR ANY DAMAGE TO EQUIPMENT OR LOSS OF DATA ARISING OUT OF YOUR USE OF THE SERVICES, MATERIALS OR CONTENT PROVIDED BY GALAXY KIDS.
GALAXY KIDS’ LIABILITY UNDER THIS AGREEMENT FOR DAMAGES OF ANY KIND WILL NOT, IN ANY EVENT, SHALL NOT EXCEED THE FEES PAID BY CLIENT TO GALAXY KIDS UNDER THESE TERMS AND CONDITIONS. THIS SECTION DOES LIMIT OR EXCLUDE LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
YOU AGREE THAT YOU WILL DEFEND, INDEMNIFY US AND OUR PARTNERS, AFFILIATES, LICENSORS, AGENTS, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES, FOR AND AGAINST ANY CLAIM, LAWSUIT, ACTION, PROCEEDING, LIABILITY, LOSS, DAMAGE, COST, OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES), ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, CONTENT OR MATERIALS AS PERMITTED UNDER THIS AGREEMENT. WE WILL PROVIDE YOU WITH IMMEDIATE NOTICE OF ANY SUCH CLAIMS, IF ANY, ALLOW YOU SOLE CONTROL OF THE DEFENSE, AND FULLY COOPERATE WITH THE CUSTOMER IN DEFENDING THE CLAIM.
9. Infringement and Reporting of Intellectual Property Rights Violations:
We respect the intellectual property rights of others and we do not allow users to submit or otherwise transmit on this Service or by use of any of our services any content that violate third-party intellectual property rights. We may at our discretion and in the appropriate circumstances, deactivate and/or terminate the accounts of users who may repeatedly infringe the copyrights or other intellectual property rights of any party. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact us with information about the alleged infringement. We may require you to verify your identity and supply additional information before we take any action on the alleged infringement.
10. General provisions
- Termination: This Agreement will terminate effectively immediately in the event of your breach of any of your obligations stated herein which may result in the cancellation, suspension, or deactivation of your subscription and forfeiture of any rights including the right to obtain refund for any or all part of your fees for the unused or active portion of your subscription period. We reserve the right to any relief or remedy entitled to us under applicable laws for your breach of this Agreement that adversely affects us, users, or our partners. Company may at any time terminate this Agreement for convenience or suspend or discontinue any particular service or feature of the Galaxy App and your exclusive remedy in the event of such termination, suspension or discontinuation shall be limited to the refund of the fee for the unused portion of your subscription period.
- Governing Law: This Agreement will be interpreted in accordance with its terms, without any strict construction in favor of or against either party and in accordance with the laws of Thailand. Except as provided in the arbitration clause below, the state/federal courts located in the city of Bangkok will have exclusive jurisdiction and venue over any dispute or claim arising from or relating to this Agreement or its subject matter.
- Arbitration: Any dispute arising under this Agreement or the termination of this Agreement will be subject to arbitration in the city of Bangkok, under the commercial rules of the [American Arbitration Association] before a single arbitrator. The parties will share the arbitration fees equally. Any award will be enforceable in any court of competent jurisdiction and will not be inconsistent with the terms of this Agreement. Nothing herein will prevent a party’s application to a court of law for injunctive relief to prevent irreparable harm.
- Communications: You agree that we may send notices or other communications to you electronically through email, dialog box, chat service, or other means and any such notice or communication will be deemed delivered on the date the Company sends or makes it available, without regard of when you received it.
- Severability: If any term of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall to the extent possible be severed or interpreted, as nearly as possible, to reﬂect the intentions of the invalid or unenforceable provision(s), and all other provisions remaining in full force and effect.
- Assignment: This Agreement may not be assigned by you without the prior written permission of Company. The Company may assign this Agreement to (i) a parent or subsidiary, (ii) an acquirer of all or substantially all of Company’s assets involved in the operations relevant to this Agreement, or (iii) a successor by merger or other combination. Any purported assignment in violation of this part will be void and inoperative.
- Waiver: No waiver by parties of any of the provisions of this Agreement will be deemed a waiver of any past or future breach of the same or any other provisions hereof. No such waiver will be effective unless in writing and then only to the extent expressly set forth in writing.
- Update to Galaxy Kids: Company may at any time during your subscription period and at its discretion, update or upgrade any part or feature of the Service as the result of which you may not be able to use the Service until the update is fully activated. Any update shall be deemed part of the Service. Update may include the addition, removal or replacement of features, tools or functions.
- Survival of Provisions: The following provisions will survive termination: all deﬁnitions, Customer’s accrued ﬁnancial obligations, the license to personal data and user submissions to the extent necessary for Company’s discharge of its post-termination obligations, and the following Sections and paragraphs: 1 (Key Terms), 4 (Ownership), 6 (Restrictions on Use of the Service), 8 (Disclaimers, Indemnity and Limitation of Liability), 10(i) (Survival of Provisions), 10(c) (Arbitration) and 10 (General Provisions).
- Entire Agreement: This Agreement, including and any policies referenced herein constitute the entire agreement between the parties with regard to this subject matter.
- Unforeseeable Events: Neither party will be responsible for any delay or failure in performance resulting from events beyond such party’s control (“Unforeseeable events). Unforeseeable events will include but not be limited to: server downtime, business interruption, cyber-attacks, acts of God, labor disputes, government or regulatory action, ﬁres, ﬂoods, or disasters.
- Contact us: If you have any questions, comments or suggestions relating to this Agreement, please write to us via1213/326 Town In Town Soi.21, Ladprao 94, Srivara Road, Phlabphla, Wangthonglang, Bangkok 10310, Thailand