Terms of Service

This is the Terms of Service for all BrookieKids apps developed and owned by Hummus Education Pte. Ltd. ("HummusEdu", "we", or "us"). The following Terms of Service, along with our Privacy Policy create a legal contract the "agreement") between you ("you" or "your"), on one hand, and Hummus Education Pte. Ltd. (UEN: 202113667Z), on the other hand, governing your use of all the content we provide through the Apps, ("Content"). By using or accessing the Apps, or subscribing to our Content, or making in-app purchases (collectively "Use BrookieKids", "Use of BrookieKids" or "Using BrookieKids"), you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using the Apps, you shall be subject to any posted guidelines or rules applicable to the same, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.

Please note that if you are downloading the Apps and assisting the use of the Apps for your legal ward aged 21 years and below, you agree on behalf of your legal ward to be bound by these terms.

If you do not agree with these terms or our privacy policy in their entirety, then you may not continue your use of BrookieKids Apps.

By entering this agreement, you specifically agree (i) that arbitration is the exclusive dispute resolution method for all your disputes with Hummus Education Pte. Ltd.; and (ii) to waive any and all of your rights to pursue or participate in a class action against Hummus Education Pte. Ltd, its affiliates, and related parties with regards to the app and/or the site.

Privacy:

Please review our Privacy Policy, which also governs your use of BrookieKids Apps, to understand our practices.

Intellectual property rights:

All content included in or made available through the Apps, such as songs, games, activities, stories, text, graphics, images, audio clips, music, videos and digital downloads and the trademarks, service marks, logos and button icons contained therein is the property of or licensed to Hummus Education Pte. Ltd. and subject to copyright and other rights protected by Singapore and international intellectual property laws.

License and access:

As a user of the Apps, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Apps (and its associated Content). We may terminate this license at any time for any reason, whatsoever. You may use the Apps and/or Content for your own personal, non-commercial use. No part of the Apps and/or Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Apps, Content or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Apps, or Content except as expressly permitted by us. We reserve any rights not explicitly granted in these Terms of Service. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Apps and/or Content. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. As an App user, your license is provided solely for access to the Apps in order to obtain information about the Apps and/or the associated Content and to register for a subscription. Visitors of the Platform are not authorized to access any Products & Services or Content and/or data available to members.

Copyright complaints

BrookieKids Apps respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at brookiekids@hummusedu.com.

Basic (free) service

A limited number of activities and other content will be made available to the free users of the Apps and unlocking any additional content will require either in-app purchase or registering for subscription service.

Safe and proper use

While you are using our Services, please be aware of your surroundings, and play and communicate safely. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, Event policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.

Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial Content (defined below). You agree that you will not submit inaccurate, misleading, or inappropriate Content, including data submissions, edits, or removal requests.

In-app purchases and billing

By agreeing to opt for an in-app purchase, you agree to pay the required amount and are also required to agree to the terms and conditions of the specific payment method chosen to subscribe through Apple App Store or Google Play Store. Hummus Education may change the price of any or all of the products available for in-app purchase, at its own discretion. If you do not agree to this price change, you may not make the respective in-app purchase.

Subscribing to our services

You must be 21 years old and above to subscribe to our services. If you are a child or ward below 21 years old (“child”), please get your parent or guardian to undertake the subscription. By subscribing to our services, you confirm that you are at least 21 years old and that you are:

(a) subscribing to and using our services for yourself;

(b) subscribing to and using our services for your company; or

(c) subscribing to our services as parent or guardian on behalf of a child who will be using our services. In this case, you agree to these Standard Terms both personally and on behalf of the child. You will be liable for your child’s acts and omissions when your child uses our services, so please ensure that your child observes these Standard Terms.

Fees and payment

All subscription fees are due in advance unless otherwise stated. For example, if you are subscribed to a monthly subscription package, payment for the subscription fees for a particular month must be made at the start of that month. Subscription fees, once charged, are non-refundable.

You can choose to make payment for your subscription fees by Credit/Debit card. We will typically debit your card at the start of each month (for monthly subscriptions) or each subscription year (for annual subscriptions).

(a) If we are unable to debit your card for any reason when your subscription fees are due, we may suspend or terminate your subscription in accordance with Cancellation and Termination clause below.

(b) If your credit card has expired, or if you wish to use a different credit card, you must notify us at least 14 days before your next subscription fee payment is due. You can do so either by contacting our Customer Experience Team at +65 8912 4237 or email us at brookiekids@hummusedu.com.

In the event of any discrepancies or inaccuracies in your invoice/statement/records relating to the payment for your subscription, you must notify us promptly by contacting our Customer Experience Team no later than fourteen (14) days from the date of the invoice/statement/records for us to investigate into the matter, otherwise our records shall be conclusive of the amounts due from you and we will not entertain any disputes in relation to the same.

Cancellation and termination

If you wish to change or cancel your subscription, you must provide us with at least 30 days’ prior notice in one of the following ways:

(a) by calling (via Whatsapp) our Customer Experience Team at +65 8912 4237; or

(b) by emailing us at brookiekids@hummusedu.com; or

If you cancel your subscription in the middle of your billing cycle, whether monthly or annually, no refunds will be issued to you, but you will continue to have the same access and subscriber benefits for the remainder of the current billing cycle.

If we do not receive payment of your subscription fees on time for any reason, or if you breach any other terms and conditions for your subscription, then we may, without prejudice to our rights and remedies at law:

(a) recover any outstanding sums due from you;

(b) suspend your subscription; or

(c) terminate your subscription without further notice or obligation to you, and impose on you any applicable termination and administrative fees.

Biling disputes

Apple:

Apple takes care of all the billing and we DO NOT store your credit card information. Any billing disputes or queries can be submitted to Apple App Store at https://reportaproblem.apple.com/ or email us for any doubts at brookiekids@hummusedu.com.

Google Play:

Google Play takes care of all the billing and we DO NOT store your credit card information. In case of Google, they provide us with a portal to issue refunds as per need. So, in case of any refund or cancellation request, please email us at brookiekids@hummusedu.com. In your email to us, please provide your order id that you are disputing. We will evaluate the claim and issue a decision based on our discretion.

App permissions

When you use BrookieKids Apps, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

Your responsibility for equipment and related cost

You are responsible for obtaining, maintaining and paying for all costs and fees associated with obtaining and maintaining all phone, computer hardware, Internet access services and other equipment or services needed to access and use BrookieKids Apps. You must provide all equipment and software necessary to connect to the Apps, and are responsible to ensure that the foregoing do not disturb or interfere with the App's operations. If any upgrade in or to the Apps requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by Hummus Education Pte. Ltd. , any new or additional features of the Apps, including the release of new content, shall be subject to these Terms of Service. We are not responsible for any loss or harm caused to your equipment or hardware for any Use of BrookieKids Apps, or alleged Use of BrookieKids Apps.

Warranty disclaimer

Your use of the apps, is solely at your own risk. The apps and the associated content are provided "as is" and "as available" without warranty of any kind by Hummus Education Pte. Ltd. or its affiliates. To the maximum extent allowed by applicable law, each of Hummus Education Pte. Ltd. and its affiliates, expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. There is no warranty that the BrookieKids Apps will meet your requirements, or that your access to the same will be uninterrupted, timely, secure or error-free. Neither Hummus Education Pte. Ltd. nor its affiliates, warrant, guarantee, or make any representations regarding the use or the results of the use of BrookieKids Apps with respect to performance, accuracy, reliability, security capability, currentness or otherwise.

Hummus Education Pte. Ltd. uses reasonable efforts to ensure that information about any of the content on BrookieKids Apps are correct. However, Hummus Education Pte. Ltd. cannot guarantee the accuracy of such information and will not be liable for any errors, omissions or other deficiencies.

Because some jurisdictions do not allow certain warranties to be disclaimed, the above disclaimer may not apply in full to you. To the extent that in a particular circumstance any disclaimer set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Hummus Education Pte. Ltd. and/or its affiliates shall be entitled to the maximum disclaimer available at law or in equity by such applicable law in such particular circumstance.

Limitation of liability

You acknowledge that you, or anyone else using BrookieKids Apps will use it at your/his/her own risk of property and personal injury, whether such injury is foreseeable or not, including, but not limited to, seizures, vision problems, or other symptoms related to the use of BrookieKids Apps. You acknowledge that the person using our apps are fit for such use and are using the same at your own discretion and sense of judgment.

In no event shall we be liable to you or any third party, whether in contract, tort (including negligence), strict liability, indemnification or otherwise, for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with your use of the BrookieKids Apps, in any manner, foreseeable or otherwise. Also, we shall not be liable for your or one's inability to access BrookieKids Apps, nor shall we be liable to you or any third party as to any virus or malicious code on your or their devices allegedly resulting from the use of BrookieKids Apps; even if Hummus Education Pte. Ltd. and/or its affiliates have been advised of the possibility of such damages.

The total cumulative liability of Hummus Education Pte. Ltd. , its affiliates and/or third party suppliers to you or to any third parties, from all causes of action and under all theories of liability will be limited to and will not exceed the greater of the fees you paid to Hummus Education Pte. Ltd. (and/or its affiliates) pursuant to this agreement over the twelve (12) months preceding the incident giving rise to such liability. Because some jurisdictions do not allow certain limitations of liability, portions of the above limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Hummus Education Pte. Ltd. and/or its affiliates, shall be entitled to the maximum limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance.

Indemnification

You agree that you shall defend, indemnify and hold harmless Hummus Education Pte. Ltd. and its officers, directors, shareholders, employees, independent contractors, agents, representatives, partners, licensors, suppliers and affiliates (collectively, "Affiliates") and other users of BrookieKids Apps from and against all claims, actions, demands, liabilities, settlements and expenses, including, but not limited to, attorneys' fees and costs, arising out of or related to: (i) any breach or violation by you of these Terms of Service or the Privacy Policy or any applicable law; (ii) your access or Use of BrookieKids Apps; (iii) any third party's access or Use of BrookieKids Apps; and (iv) your use of any of the BrookieKids App Content.

Governing Law

These Terms of Use will be interpreted and construed in accordance with the laws of the Republic of Singapore without reference to its rules of conflicts of law.

Disputes

Hummus Education Pte. Ltd. and you agree to arbitrate all disputes between us, except disputes relating to the enforcement of our intellectual property rights. Dispute means any dispute, action or other controversy between you and us concerning the BrookieKids Apps and the associated Content or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

In the event of a Dispute, You or Hummus Education Pte. Ltd. must send to the other party a notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the Dispute, and the relief requested. You must send any notice of Dispute to Hummus Education Pte. Ltd. , Attention: Legal/Arbitration Notice. We will send any notice of Dispute to you at the contact information we have for you.

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.

The seat of the arbitration shall be Singapore.

The language of the arbitration shall be English. The costs and expenses of the arbitration shall be borne as decided pursuant to the award.

Severability
If any provision of these terms 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.

Survival
The provisions of these terms, which by their nature should survive the termination of these terms, shall survive such termination.

Waiver
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hummus Education Pte. Ltd. without restriction.

Force Majeure
Hummus Education Pte. Ltd. 's performance of its obligations under this Contract will be suspended for so long as Hummus Education Pte. Ltd. is prevented from doing so by an Event of Force Majeure. "Event of Force Majeure" shall mean such events or circumstances, which are beyond the control of Hummus Education Pte. Ltd. and which events could not have been reasonably foreseen or anticipated by Hummus Education Pte. Ltd. upon the exercise of due care and diligence, including but not limited to Hummus Education Pte. Ltd.’'s operations being materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued due to the acts of God, earthquake, floods, riots, lockouts, war, civil disturbance, fire, accidents, armed conflict etc. government order or regulation, judicial order or decree (including without limitation injunctive relief, whether imposed on an industry wide basis or affecting Hummus Education Pte. Ltd. ), failure of technical facilities or substantial impairment in obtaining facilities which makes the rendering of BrookieKids Apps beyond Hummus Education Pte. Ltd. 's control.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Amendment

Hummus Education Pte. Ltd. reserves the right, at any time and from time to time, to amend, supplement or modify the terms of these Terms of Service. We will post or display notices of material changes on the website and those changes will become effective fifteen (15) days after the date of posting. You are responsible for regularly reviewing the Terms of Service, including, without limitation, by checking the date of "Last Update" at the bottom of this document. Your continued use of the App after the changes become effective signifies your agreement to be bound by such modified Terms of Service. If you do not agree with the changes in the Terms of Service, your only recourse is stop using the App.

DATE OF LAST UPDATE: 21 October 2024

CONTACT

Hummus Education Pte. Ltd.

Email: brookiekids@hummusedu.com

UEN: 202113667Z