KIDSQWEST CUSTOMER TERMS OF SERVICE
Please read these customer terms of service carefully.
THIS KIDSQWEST CUSTOMER TERMS OF SERVICE (the “Customer Terms”), the relevant terms of the Documentation, and any executed orders on the KidsQwest platform are incorporated herein and shall govern the provision of the services. It consists of the following sections:
2. Use of Services
3. Fees and Payment
4. Subscription Term
5. Support Services and Maintenance
7. Customer Data and Data Protection
8. Intellectual Property
9. Disclaimers; Limitation of Liability
11. Effect of Terms and Changes to Terms
“Authorised Users” means those employees, teachers and staff of the Partner who are authorized by the Partner to use the services.
“customer” means an individual who (a) has contacted us through any means to find out more about any goods or services we provide, or (b) may, or has, entered into a contract with us for the supply of any goods or services by us; and
“Customer Data” means the data inputted by the Partner, Authorised Users, or ACKTEC on the Partner’s behalf for the purpose of using the services or facilitating Partner’s use of the services.
“Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential. Confidential Information includes all information concerning: the Disclosing Party’s customers and potential customers, past, present or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finances, research, development, and the terms and conditions of this Agreement. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. Subject to the foregoing exclusions, Customer Data will be considered Confidential Information under this Agreement regardless of whether or not it is designated as confidential.
“Documentation” means the documents made available to Customer by ACKTEC online via https://kids.kqwest.com/knowledge-base/ which sets out user instructions for the services.
“Normal Business Hours” means 0930 to 1730 local Singapore Time, Monday through Friday (except holidays).
“Order” or “Order Form” means the KidsQwest-approved form or online subscription process by which you agree to subscribe to the Subscription Service and purchase products on KidsQwest.
“personal data” means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.
“Subscription Fee” means the amount you pay for the Subscription Service.
“Subscription Service” means all of our web-based applications, tools and platforms that you have subscribed to under an Order Form or that we otherwise make available to you, and are developed, operated, and maintained by ACKTEC, accessible via http://kids.kqwest.com or another designated URL, and any ancillary products and services, provided to you.
“Subscription Term” means the initial term of your subscription to the applicable Subscription Service, as specified on your Order Form(s), and each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.
“Services” means the subscription services provided by ACKTEC via KidsQwest to the Partner under this Agreement via https://kids.kqwest.com/.
“Support Services Policy” means ACKTEC’s policy for providing support in relation to the Services as made available.
“User Subscriptions” means the user subscriptions purchased by the Partner under this Agreement, which entitle Authorised Users to access and use the services.
2. Use of Services
During the Subscription Term, we will provide Authorised Users access to use the product subscribed to an applicable Order and the Subscription service. Authorised Users must ensure that all access, use and receipt is subject to and in compliance with this Agreement, as stated in 2.3.3.
2.2 For partners, ACKTEC grants to the partner a non-exclusive, non-transferable right to permit their Authorised Users to use the services during the Subscription Term solely from the Partner.
2.3 In relation to the Authorised Users:
2.3.1 The Partner undertakes that the maximum number of its Authorised Users shall not exceed the number of User Subscriptions it has purchased;
2.3.2 The Partner will not allow any User Subscription to be used by more than one individual Authorised User;
2.3.3 The Authorised Users shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that:
(a) Is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(b) Facilitates illegal activity;
(c) Depicts sexually explicit images;
(d) Promotes unlawful violence;
(e) Is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or
(f) Causes damage or injury to any person
2.4 ACKTEC reserves the right, without liability to the Partner, to disable access of the Partner or any Authorised User for any material breaches of clause 2.3.
The limits that apply to you will be specified in your Order Form, this Agreement or in our Product and Services Catalog, and for our Free Subscriptions, these limits may also be designated only from within the product itself.
ACKTEC modify the Service, product and platform from time to time, including by adding or deleting features and functions, in an effort to improve users’ experience.
2.7 No Sensitive Information
Users acknowledge that the platform and the Services have not been designed to process or manage sensitive information and accordingly you agree not to use the Service to collect, manage or process sensitive information. ACKTEC will not have and specifically disclaim any liability that may result from Users’ use of the Service to collect, process or manage sensitive information.
3. Fees and Payment
3.1 Subscription fees will remain fixed during the initial term of your subscription unless the user:
(i) upgrade products or base packages,
(ii) subscribe to additional features or products, or
(iii) otherwise agreed to in the subscription Order.
3.2 Fee adjustments at renewal. Upon renewal, subscription fees may increase or decrease up to our then current list price set out in our Product and Services Catalog and platform. Customers are required to check in advance of their renewal status and the increased fees will apply at the start of the next renewal term. If you do not agree to this increase, you can choose to terminate your subscription at the end of your then-current term through the platform.
3.3 ACKTEC may suspend the Authorised Users to use the Subscription in the event that ACKTEC fails to receive payment for such Subscription.
3.4 If payment is made by credit card, you authorize us to charge your credit card or bank account for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
3.5 Payment information, including your contact information, billing information and credit card information (where applicable) up to date. All payment obligations are non-cancelable and all amounts paid are non-refundable.
4. Subscription Term
4.1 The Subscription commences on the effective date of the order unless otherwise specified therein.
4.2 The Subscription term will be specified in the Order, and the subscription will automatically renew until otherwise terminated through the platform. If you decide not to renew, User may turn auto-renew off by accessing the billing details information in your KidsQwest account.
4.3 Early cancellation may be done by Customer if you choose to cancel subscription early at your convenience provided that, we will not provide any refunds of prepaid fees or unused Subscription Fees, and promptly pay all unpaid fees due through the end of the Subscription term.
5. Support Services and Maintenance
5.1 ACKTEC will use commercially reasonable efforts to provide the Partner with the support services for KidsQwest.
5.2 The Frequently Asked Question (FAQ) page, available and accessible via the platform here: https://kids.kqwest.com/knowledge-base/ , is provided for basic end user support.
5.3 The Supporting Ticket system is available for Authorised Users to connect with the customer helpdesk, intended to resolve issues related to technical, payment and use of the platform. The response time is minimally within three (3) working days.
6.1 Either party shall be entitled to terminate the Subscription services, without liability to the other at any time.
6.2 ACKTEC may suspend any User’s access to any or all the Subscription services without notice for:
6.2.1 Use of the Subscription service in a way that violates applicable local, state, federal or foreign laws or regulations or the Customer Terms.
6.2.2 Repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity
6.2.3 Non-payment of any amount due after notice of non-payment or failure of payment deduction
6.3 ACKTEC may suspend, limit or terminate the free services for any reason at any time without notice. We may terminate your subscription to the free services due to user inactivity.
6.4 Upon termination or expiration of all subscription services, the use and access to KidsQwest shall cease for the user.
8. Intellectual Property
8.1 This is an agreement for access to and use of the Subscription Service, and you are not granted a license to any software by this Agreement. The Subscription Service and Consulting Services are protected by intellectual property laws, they belong to and are the property of us or our partners (if any), and we retain all ownership rights to them. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the KidsQwest, the Subscription Service, or the Consulting Services in whole or in part, by any means, except as expressly authorized in writing by us.
8.2 We encourage all customers to comment on the Subscription Service or Consulting Services, provide suggestions for improving it, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Subscription Service or Consulting Services, without payment or attribution to you.
9. Disclaimers; Limitations of Liability
9.1 Performance Warranty. We warrant that: (i) the Subscription Service and Consulting Services will be provided in a manner consistent with generally accepted industry standards, and (ii) we will not knowingly introduce any viruses or other forms of malicious code into the Subscription Service; provided however, this warranty will not apply to you if you only use the Free Services. In the event of non-conformance with this warranty, we will use commercially reasonable efforts to correct such non-conformance.
9.2 We will not have any obligation or liability under this section if the non-conformance is caused by or based on: (i) any combination of the Subscription Service with any hardware, software, equipment, or data not provided by us, (ii) modification of the Subscription Service by anyone other than us, or modification of the Subscription Service by us in accordance with specifications or instructions that you provided, or (iii) use of the Subscription Service in violation of or outside the scope of this Agreement.
10.1 Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
10.2 Relationship of the Parties. You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.
10.3 Compliance with Laws. We will comply with all Singapore laws (where applicable) in our provision of the Subscription Service, the Consulting Services and our processing of Customer Data. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
You will not directly or indirectly export, re-export, or transfer the Subscription Service or Consulting Services to prohibited countries or individuals or permit use of the Subscription Service or Consulting Services by prohibited countries or individuals.
11. Effects of Terms and Changes to Terms
11.1 This Terms applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.
11.2 We may revise this Terms from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Term was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.
Effective date : 16/07/2021
Last updated : 17/12/2021