DIGITAL SUBSCRIPTION AGREEMENT
1.1 Break it Kids Limited (“we”, “us” and “our”) welcomes you to the Break it Kids website and associated subscription content and services (collectively, the “Break it Kids Subscription Services”).
1.2 Please read this digital subscription agreement (this “Agreement”) carefully before using the Break it Kids Subscription Services as this Agreement will govern your use of the Break it Kids subscription Services.
2. ELIGIBLE USERS
2.1 Only residents of where we offer the Break it Kids Subscription Services (the “Territory”) are eligible to register an account on our website and you must be at least 18 years old to purchase any Break it Kids Subscription Services. Individuals under the age of 18 are not eligible for an account on our website and are not permitted to provide personal information to us.
2.2 The Break it Kids Subscription Services are provided to individuals for their personal use only. Unless specifically agreed between us and you, companies and corporations may not register an account on our website or use the Break it Kids Subscription Services.
3.1 Only such individuals that have registered an account on our website, provided certain required information and have agreed to this Agreement are eligible to use the Break it Kids Subscription Services.
3.2 You are responsible for the security of your username and password. We will not be responsible for any losses arising from the unauthorized use of your account, except where such unauthorized use is due to an act or omission by us.
3.3 You agree not to provide false details, impersonate another person or misrepresent your name or affiliation with any person or entity. You agree to provide and maintain accurate, current and complete information and that we may take steps to verify the accuracy of information provided by you.
4. SUBSCRIPTION TERMS
4.1 Your subscription to the Break it Kids Subscription Services includes enrolment into an ongoing payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below.
4.2 Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled.
4.3 We reserve the right to change our pricing and, in the event of a price change, we will notify you thirty (30) days in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not cancel your subscription after the price change takes effect and prior to the start of your new subscription period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorise us to charge your payment method for these amounts.
4.4 You shall be responsible for all third-party internet charges in connection with your use of the Break it Kids Subscription Services.
5. CANCELLATION OF SERVICES AND REFUND POLICY
5.1 You may cancel your subscription at any time before the end of the current billing period by completing the cancellation procedure under Manage Subscription Plan. (https://breakitkids.com/manage-account)
5.2 We do not refund or credit for partially used billing periods.
6. PAYMENT DETAILS
6.1 We will keep your payment information, such as credit card number and expiry date, on file. You are responsible for keeping your payment details up-to-date.
6.2 If a payment is not successfully authorized due to expiry, insufficient funds or otherwise, we may suspend or terminate your subscription by giving you notice.
6.3 You agree that we may charge your payment method on file if you decide to restart or renew your Break it Kids subscription, unless you specify an alternative payment method when you restart your subscription.
6.4 If you obtain a Break it Kids Subscription Services subscription via a third party (e.g. an app store), that subscription is also subject to the third party’s terms, and the provisions in this Agreement concerning subscription purchase, billing, cancellation/refunds and payment do not apply to that subscription to the extent this Agreement conflicts with the applicable third party’s terms.
7. GRANT OF COPYRIGHT LICENCE AND RESTRICTIONS
7.1 We grant you a limited, personal, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to:-
(a) make non-commercial and personal use of the Break it Kids Subscription Services; and
(b) stream or temporarily download copyrighted materials, including (but not limited to) our fitness and educational programmes for children and young adults that are available to you from the Break it Kids Subscription Services (the “Break it Kids Subscription Content”). References to “Content” shall be as defined in our General Terms and Conditions and shall include Break it Kids Subscription Content.
7.2 As a condition of the licence granted pursuant to Clause 7.1, you may not and agree not to:-
(a) Clause 8.4 and 8.5 of the General Terms and Conditions [Insert as link to General Terms and Conditions];
(b) move, decompile, reverse-engineer, disassemble or otherwise reduce to human-
readable form the Break it Kids Subscription Services and/or video player, its underlying technology, any digital rights management mechanism, or other content protection or access control measure incorporated into the video player;
(c) modify the Break it Kids Subscription Services;
(d) access or use the Break it Kids Subscription Services in a manner that suggests an association between you and/or any other party with our products, services or brands;
(e) use the Break it Kids Subscription Services for any commercial or business related use or in any commercial establishment or area open to the public (for example, in a fitness studio, gym, theatre, lobby, etc.) or build a business utilising our Content (including, but not limited to, the Break it Kids Subscription Content) or the Break it Kids Subscription Services, whether for profit or not;
(f) damage, disable, overburden or impair the Break it Kids Subscription Services;
(g) share your login credentials with third parties; or
(h) otherwise allow third parties to violate the above restrictions.
8. USAGE TERMS
8.1 Use of the Break it Kids Subscription Services requires compatible devices and certain software may require periodic update. Your use of the Break it Kids Subscription Services may be affected by the performance of the aforementioned elements. You can access our Break it Kids Subscription Services and/or Content with almost any internet-connected computer.
8.2 You must have a high-speed internet connection to access and use the Break it Kids Subscription Services.
8.3 You are only allowed to open such number of concurrent streams at any time as we agree when you purchase the Break it Kids Subscription Services.
8.4 You are not permitted to download our Break it Kids Subscription Content for offline viewing.
8.5 Certain Content available through the Break it Kids Subscription Services may not be available in all countries or territories within the Territory. Geographic restrictions will be enforced according to the location from which you are accessing the Break it Kids Subscription Services, and we may use different technologies and methods to verify your geographic location.
9. FORCE MAJEURE
9.1 It is possible that the Break it Kids Subscription Services and/or some Content may not be available for streaming or downloading at any given time including, but not limited to (a) during any maintenance or update periods; (b) any power or server outages; (c) as a result of war, riots, strikes, social unrest, epidemics or pandemics; or (d) As a result of other matters beyond the control of us or third parties (collectively, “Force Majeure”). We will take reasonable efforts to provide you with prior notice of interruptions of the Break it Kids Subscription Services.
9.2 Where the Break it Kids Subscription Services are unavailable for reasons beyond our control or our third party service providers, we shall have no liability to you.
9.3 There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access the Break it Kids Subscription Services and/or Break it Kids Subscription Content. We will take reasonable efforts to inform you of any of these changes, usage rules and restrictions, but you acknowledge that we may do so in our sole discretion at any time without notice.
9.4 You agree that we shall not be liable to you for any suspension or discontinuance of the Break it Kids Subscription Services. If you are a subscriber and we suspend or discontinue your subscription to the Break it Kids Subscription Services, we will provide you with a credit, refund or other form of consideration corresponding to the duration of your suspended or discontinued access. However, if we terminate your account or suspend or discontinue your access to the Break it Kids Subscription Services due to your material breach of this Agreement or the General Terms and Conditions, or as a result of Force Majeure, then you will not be eligible for any such credit, refund, discount or other consideration.
10. SUSPENSION AND TERMINATION
10.1 You agree that we may, in our sole discretion and without advance notice or liability to you, insofar as possible under local laws, restrict, suspend or terminate your access to part or all of the Break it Kids Subscription Services and to any Break it Kids Subscription Content if we believe you are using or have used the Break it Kids Subscription Services in material violation of this Agreement, the General Terms and Conditions, applicable laws and regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto.
10.2 Without limiting the foregoing, we may restrict or suspend your access to your Break it Kids account for cause and upon reasonable notice to you, which may be communicated electronically, which cause includes
(a) requests from law enforcement or other government authorities;
(b) unexpected technical issues or problems; or
(c) if we reasonably believe that your Break it Kids account has been created fraudulently, your Break it Kids account has been accessed fraudulently or anyone uses your Break it Kids account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto.
10.3 We reserve the right, after notice to you, to terminate any Break it Kids account that remains inactive for one year. For the avoidance of doubt, failure to log into your Break it Kids account will constitute inactivity for purposes of this Agreement.
10.4 Upon termination of your Break it Kids account, whether terminated by us or at your request (other than a cancellation of your subscription, in which case your subscription will continue to the end of the billing period), you will immediately lose the right to access and view Break it Kids Subscription Content through the Break it Kids Subscription Services.
11. PROMOTION OFFERS AND TRIALS Subscription promotion offers and trials (if any) shall be subject to the terms and conditions as published in the promotion or trial related communication.
This Agreement refers to the following additional terms, which also apply to your use of our website and your use and/or purchase of the Break it Kids Subscription Services:
Any notices we deliver to you may be made
(a) by email to the last email address provided by you; or
(b) by posting a notice on our website.
14. AMENDMENTS TO THIS AGREEMENT
We may amend this Agreement. Any such amendments will be effective thirty (30) days following our dispatch of a notice to you (and we may also post details of the amendments on our webpage). If you do not agree to any change to this Agreement, you shall discontinue using the Break it Kids Subscription Services.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You and we agree to replace the unlawful, void or unenforceable part by provisions which are valid and binding and the effect of which given the contents and purpose of this Agreement, are, to the greatest extent possible, similar to that of the invalid, void or unenforceable part.
The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
17. APPLICABLE LAW AND JURISDICTION
This Agreement, including its subject matter and formation (and any non contractual disputes or claims), shall be governed by Hong Kong law. We both agree to the exclusive jurisdiction of courts of Hong Kong.
Last updated: 24/05/22