Kumon China Company Limited provides this Kumon Audio Learning Application (the "App") to you or your child, who is a Kumon Student and aged below 18 (the "Kumon Student"), to enable Kumon audio learning through Apple iOS/Android mobile phone or tablet device (the "Device"). This Terms and Conditions (the "Terms"), together with our Privacy Policy and any additional terms, as may be updated from time to time, governs your use of the App. PLEASE READ THIS "TERMS AND CONDITIONS" AND OUR "PRIVACY POLICY" BEFORE USING THE APP. DO NOT REGISTER AN ACCOUNT IN THE APP, OR USE THE SERVICES IF YOU ARE NOT IN AGREEMENT WITH THIS "TERMS AND CONDITIONS" AND OUR "PRIVACY POLICY".
Introduction
Welcome to Kumon Audio Learning Application, which is owned and operated by Kumon China Company Limited ("Kumon China", "Company", "we", "us" or "our"). By registering an account, using the App, including all of the services (including but not limited to providing an audio learning experience through the App to the Kumon Student) provided therein, that link to these Terms and Conditions (collectively, the "Services"), you acknowledge that you have read and understood the Terms, and agree to be bound by them.
Collection, use and disclosure of your personal information, or the Kumon Student's personal information are detailed in our Privacy Policy, which is incorporated by reference and made a part of the Terms.
You acknowledge and agree this Terms & Conditions, together with the following important information:
∙ all contents in the App shall provide to you in a limited license to use together with the corresponding Kumon CD Textbook and CD(s) provided by us;
∙ all contents in the App are licensed, not sold to you, and that you should use the App only as set forth in this Terms and Conditions;
∙ we shall only make certain Content (as defined below), information of particular study level(s) available to you/the Kumon Student in the App, in accordance with your/the Kumon Student's study progress in our Kumon education centre (e.g. If the Kumon Student is studying Kumon English EFL levels 7A-4A, then the Kumon Student is only able to use/listen the Content of Kumon English EFL levels 7A-4A in the App);
∙ upon discontinue of your/the Kumon Student's study with Kumon, you shall cease all the use of the App. You further agree that we shall immediately deactivate/terminate your registered account after acknowledged your notice of discontinue;
∙ referring above, after discontinue of your/the Kumon Student's study with Kumon, when your/the Kumon Student re-enroll as a new Kumon student, you/the Kumon Student may only allow to listen to the Content of the study level at the re-enrollment point of time and any study level(s) promoted thereafter in the App;
∙ the use of the Services may be subject to separated third party terms of service and fees, including without limitation the terms of service, data, and other fees of your mobile network operator (the "Carrier"), which are of your sole responsibility;
∙ you consent to the collection, use and transfer of your personal data in accordance with our Privacy Policy; and
∙ the Services and the App are provided "AS IS" without warranties of any kind.
1. Accounts and Users
We currently offer student accounts and instructor accounts through the Services. By using the Services and registering for a student account, you represent and warrant that you are (i) Kumon student of Kumon China and/or its subsidiaries, aged 18 or above, user of the Services and the Account, and you will ensure your use and access the App are in accordance with the Terms; or (ii) parents/guardians to Kumon students of Kumon China and/or its subsidiaries, aged 18 or above, and that you will be responsible for ensuring the Kumon Student to use and access the App does so in accordance with the Terms. By using the Services and registering for an instructor account, you represent and warrant that you are an instructor/franchisee being authorized to use and access the App by Kumon China and/or its subsidiaries.
You are responsible for maintaining the confidentiality of your account (the "Account") information and its password. You agree:
a. that you will provide complete and accurate registration information about yourself and/the Kumon Student, and keep the Account registration information up-to-date;
b. that you are solely responsible for any activities that occur under your Account;
c. to notify us immediately of any unauthorized Account use; and
d. that you will not sell, transfer, or assign your Account or any Account rights to any third parties.
2. Ownership and License
a. Ownership
As between us and you, the App (including past, present and future versions) are owned by Kumon China, and their Content is protected by Hong Kong Special Administrative Region and international copyright, trademark, other intellectual property rights and any applicable laws. "Content" means all text, graphics, user interfaces, visual interfaces, photographs, audio clips, logos, sounds, music, artwork, and computer code displayed on or available through the Services, the App, and the design, structure, coordination, expression, and arrangement of the Services, the App, including but not limited to: (i) materials and other items relating to us and our products and services, including, without limitation, all photographs, audio clips, sounds, pictures, videos, and animation; (ii) trademarks, logos, trade names and service marks; and (iii) other forms of intellectual property.
b. Limited License
Subject to your strict and ongoing compliance with the Terms, we grant you and the Kumon Student a limited, non-exclusive, revocable, non-assignable and non-transferable license to access, view, use, and/or listen the App and the Content therein through Apple iOS/Android mobile or tablet device for your personal, non-commercial use only (Except that instructors of Kumon China and/or its subsidiaries may use the Content in their Kumon education centre for instruction of Kumon Method) ("License"). The License does not give you and the Kumon Student any ownership of, or any intellectual property interest in, the App and the Content therein. All rights not expressly granted to you and the Kumon Student are reserved by us. Except as expressly provided in the Terms or with the Company's express prior written consent, no part of the App and the Content therein may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcasted, sold, licensed or otherwise exploited for any purpose whatsoever. Any unauthorized use of the App and the Content therein for any purpose is prohibited.
3. Services and Content Use
You are solely responsible for the use of the App on your Device, including without limitation compliance with the Terms and any applicable third party terms. You are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the App (such as voice, data, roaming, or other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier. If your device is lost or stolen, you must notify the Company immediately to suspend the Services of the Account.
By using the App, you agree that you will not:
a. engage in any activities, including, without limitation, uploading, posting, or transmitting of any content, that (i) attempt to or do harm to the App, the Company or other third parties; (ii) are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another's privacy, or are otherwise objectionable to us, in our sole discretion; or (iii) violate any right of any third party, including, without limitation, the uploading, posting, or transmitting of any content that violates another person's intellectual property right, trade secret, or other proprietary right;
b. disparage Company's performance, or distribute any false or misleading statement/picture or otherwise take any action which could reasonably be considered to adversely affect the personal or professional reputation of Company or Company's employees and/or franchisees;
c. access or collect information from the Services using automated means;
d. use any meta tags or other "hidden text" utilizing any of our trademarks;
e. interfere with or circumvent any security feature of the App and related system;
f.use the App for commercial or political purposes;
g. violate these Terms, or solicit, encourage, or facilitate anyone else to do so.
4. Protection of Intellectual Property Rights
We respect the intellectual property rights of others. If you believe that certain content in the App infringes your intellectual property rights, you should contact us and provide sufficient information for us to investigate further.
5. Term and Termination
This Terms and Conditions will remain in effect until terminated. Your rights and licenses hereunder, will terminate immediately upon your breach of the Terms. You may terminate the Terms by uninstalling the App and ceasing use of the Service. Kumon China may terminate the Service and/or this Terms at any time for any reason.
6. Modifications
Kumon China reserves the right, in its sole discretion, to change, update, modify, add, or remove any portions of this Terms and Conditions at any time by making such modified Terms available to you through the App. The Terms will be identified as of the most recent date of revision and will be effective immediately upon being made available through the App. Your use of the App after modifications to the Terms become effective constitutes your binding acceptance of such changes.
7. Governing Law/Jurisdiction
The Terms will be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regards to its conflicts of laws principles.
8. Liability
Your access to and use of the App is at your sole risk. UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS SUBSIDIARIES AND ITS PARENT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to: The App and related system, the Services, or the Content; Your use of or inability to use the App or the Services; The performance of the Services; The failure of Kumon Student to learn or otherwise benefit educationally from his/her use of the App or the Services; Any action taken in connection with an investigation by the Company or law enforcement authorities regarding your access to or use of the App; Any action taken in connection with copyright or other intellectual property owners or other rights owners; Any errors or omissions in connection with technical operation in the App; or Any damage to any user's Device, hardware, software, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if the Company was advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability or tort, or any other legal basis.
9. Indemnity
To the maximum extent permitted by law, you agree to indemnify and hold the Company harmless from and against all loss, damage, liability and costs and expenses in connection with incurred by or resulting from your breach or alleged breach of the Terms, misuse of the App, the Services or the Content, violation of any law, rule or regulation, or violation of any third party rights.
10. Submission of Feedback
Under certain circumstances, we might ask users for feedback or ideas as to their experiences with the App or the Services. If you choose to provide us with feedback, you acknowledge and agree that: You shall receive no compensation, or consideration in any type for providing any such feedback or ideas, and we will be free to use and exploit such feedback or ideas in our sole discretion and without compensation or obligation to you.
11. Others
a. Termination and Suspension
We reserve the right to discontinue the Services or suspend or terminate your right of access to the App, including any Account registered by you, at any time, without notice, for any reason and without any obligation to you or any third party. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, or otherwise violates the Terms, then we may suspend or terminate your Account or deny you access to the App. Any suspension or termination will not affect your obligations to us, and you will not be entitled to a refund of any payments. Upon suspension or termination of your access to the App, or upon notice from us, your License to use the App will terminate immediately.
b. Operation of Services
We control and operate the App in the Hong Kong Special Administrative Region. If you use the App from other regions, you are responsible for compliance with applicable local laws regarding online conduct and acceptable content, if and to the extent local laws apply.
c. Severability
If any provision of the Terms is invalid, illegal or incapable of being in force by reason of any rule of law or public policy, all other conditions and provisions of the Terms shall, nevertheless, remain in full force and effect.
d. Assignment
We may assign our rights and obligations under the Terms, in whole or in part, to any third party at any time without any notice.
e. Updates to Terms
We reserve the right to modify/update the Terms, from time to time in our sole discretion ("Updated Terms"). You agree that any Updated Terms will be effective immediately upon our publishing them on the App. If you do not cancel your Account within 7 days after publishing notice of Updated Terms as described above, or if you continue to use the App after receiving notice of Updated Terms, you agree to comply with, and be bound by, the Updated Terms.
f. Contact Us
If you have questions or wish to send us comments about this Terms and Conditions, please write to us at:
Kumon China Company Limited
Units 3406-08, Chubb Tower, Windsor House
311 Gloucester Road, Hong Kong
Kumon China Company Limited
September 2020 Version