Date of Last Revision : 27 January 2021
WELCOME TO DADIDA!
Simian Technologies Pvt Ltd ('Dadida', 'Company', 'We' or 'Us' 'Our') operates a website (URL: https://www.dadida.co) (together called as “Platform”) which is engaged in the service of online Chinese language learning to children.
The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Platform or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services or availing any promotional offer, you may be subject to additional terms and conditions, posted guidelines or rules, as may be applicable to such services and offers. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.
1. Terms of Service
By choosing to visit the Platform and/or avail any Services provided by Company, you agree to be bound by these Terms. Please read the following information carefully. If you are a parent or guardian and you provide your consent for your child's use of the Platform, you agree to be bound by these Terms in respect to their use of the Platform. By your continued access or use of the Platform, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to the Terms of this agreement, promptly exit this page and stop accessing the Services.
2. Description of Services
Dadida facilitates online Chinese language learning education services to children. We aim at providing lessons on Chinese language to the Child. The concept is to create a virtual classroom, which helps the Child to learn without any restrictions on time and place.
3. User ID and Password
In order to access the Company’s Platform and its services, You may have to create an account and disclose information including, but not limited to, (i) name, e-mail ID, photograph, location and other contact information (ii) gender and other demographics (iii) birth date and year to validate the current age of the Child (iv) your email address to acquire the parental consent. You must be at least 18 years old to register on the Platform. If you are under 18 years old, you are not permitted to register on this site unless such registration is completed by a parent or legal guardian. You acknowledge that your user ID and password ('Participant Account') is for your exclusive use only. Use or sharing of your Participant Account with another user or person is not permitted and is cause for immediate blocking of your access to the Platform, the Services and the content provided by the Company and shall lead to termination of this Agreement without any notice.
You are solely responsible for maintaining the confidentiality of your Participant Account and for all activities that occur under it. You agree to immediately notify to the Company if you become aware of or have reason to believe that there is any unauthorised use of your Participant Account. You also agree to take all reasonable steps to stop such unauthorised use and to cooperate with the Company in any investigation of such unauthorised uses. The Company shall not under any circumstances be held liable for any claims related to the use or misuse of your Participant Account due to the activities of any third party outside of your control or due to tour failure to maintain the confidentiality and security of your Participant Account.
4. Modules and Curriculum
The Company will have its sets of modules according to which the Child is expected to complete his/her levels. The Company has tutors who will be assisting the Child with their modules.
The Company shall also grant you access to its material, content, curriculum, documents and other information and data (“Curriculum”) which may be in video, audio, written, graphic, recorded, photographic, or any other format in relation to the modules for which you have registered for. The Company reserves the right to amend, revise or update the Curriculum at any time.
5. License to Use
The Company hereby grants You and the Child, the limited, non-transferable, non-exclusive, and revocable license to access, view and use the Platform only for the purposes of accessing, viewing, posting or submitting user material, using the embedded link function, placing store orders or for accessing information, applications and services. The Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Platform. This license is limited to personal and non-commercial uses by You and your Child. Any rights not expressly granted to You herein are reserved to Company.
You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Curriculum, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the limited purpose mentioned above, without the Company’s prior written consent.
6. Intellectual Property Rights
You acknowledge that the Company is the sole and exclusive owner of the Platform, the services provided by the Company, the curriculum, and its content and as such the Company is vested with all the Intellectual Property Rights and other proprietary rights in the Platform, the Services, content and the curriculum.
The Company may from time-to-time upload videos, audios/ sound recordings, content and other materials on the website which shall be the exclusive property of the Company. You undertake not reproduce, transmit, retransmit, distribute, publish, post, share or make available the said videos, audios/ sound recordings, content and other materials or any part thereof which are available on the Platform in any manner whatsoever.
You shall not copy, download, publish, distribute or reproduce any of the information contained on this Platform or social media in any form without the prior written consent of the Company.
The Company retains all the rights in the video recordings, sound/audio recordings, images, photos, pictures/ images clicked during the classes, lectures delivered by the Company’s tutors, text and other material posted on the Platform and shall be the sole owner of the same. You undertake that you shall not record, make videos or sound/ audio recordings, take screen shots, click pictures and shall not download, publish, transmit, display, reproduce, transmit, distribute, post, share or make copies of any of the classes/ lectures that are conducted by the Company (including the trial classes), video recordings, sound/audio recordings, images, photos, pictures/ images, text or other material, whether in full or in part, unless you obtain prior written approval from the Company. Any recordings, videos, sound/audio recordings, screen shots, pictures, images, material or content which is obtained in any manner without the prior written consent of the Company shall amount to breach of the instant terms and conditions and you shall be solely liable for the said breach under the applicable laws. All other rights are reserved.
7. Use of the Platform by the Child
You expressly acknowledge and undertake that:
a) You are competent and have all the necessary legal rights to enter into this agreement on behalf of the child.
b) You grant your consent to the Company for your child to attend and participate in the classes, courses, tests, sessions and/or any other program conducted and/or organized by the Company on its Platform and in relation to the services provided by the Company.
c) You undertake that the participation of the Child and all the activities done by the Child will be under your direct and constant supervision. You further accept full and complete liability arising out of the child’s acts, whether direct or indirect.
8. Payment and Refund
The Platform is a paid service and the payments made by You shall be according to the plans opted by You through the Platform. You explicitly agree to pay the fees for the courses/ plans that you purchase, and you authorize the Company to charge you as per the applicable payment mode opted by you. All payments shall be through the payment mechanism put in place by the Company and You shall be responsible for paying all fees and applicable taxes in a timely manner as per the mechanism associated with the Plan availed by You. Users have been given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to Card Payment facilities, EMI Payment, Online Bank Transfer and Wallet Payment.
Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. The amount of refund payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by Us.
We reserve the right to change any fees at any time at our sole discretion and any change, update, or modification in the fee shall become effective immediately upon the same being posted/uploaded or notified on our website.
We support an unconditional refund policy of unconsumed lessons. The Platform reserve the right to reject refunds resulting from inaccuracy, errors, discrepancies, or suspected foul play, without liability.
In the event of a refund, there would be a 3% administration charges of the refundable amount and all free/bonus classes will be forfeited. Calculation are calculated as follows:
Refundable Amount = ( Total Fee Paid / Total Number of Class Package) x Number of Unused Classes
Calculation Example :
a) Customer purchased 10 lessons ($ 500) with 1 free lesson at 10% Discount
b) Customer used 5 lessons and decided for a refund.
1) ((500*.9)/10) x 5 = $ 225
2) $ 225 less 3% final refundable amount is $ 218.25 .
We attempt to process and complete refund requests within 24 hours from the time of receiving the refund request, however, in case there is any delay in refund beyond the period of 72 hours, then you may notify us on email@example.com. The refund process may include a feedback call to you and validation of key information that may be required by us to process the refund request.
You or the Child may establish a link to one or more site(s), provided that:
• the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
• such linking is not for advertising or promotional purposes (unless We have expressly agreed to it);
• the link is not from any website which promotes any political or religious views, or promotes or depicts intolerance, hatred, discrimination, violence, pornography or illegal activity;
• the link does not falsely or misleadingly imply or suggest that We endorse, approve of or are associated with the linked website, its web pages or any of its contents; and
• framing of any site on any other website is not allowed and You must not provide access to the site or part of it under any other URL.
The Company may withdraw You or the Child’s right to link to any site without notice and at any time (acting in our sole discretion).
Where any site and/or application contain links to other websites, web pages, resources, or mobile services which are proprietary to third-parties, other users, advertisers or sponsors, such websites, web pages, resources and mobile services are provided for your information only and You access them at your own risk. The Company will not be held liable or responsible for the content or operation of third-party websites, web pages, resources or mobile services.
10. User Communication
You hereby explicitly consent to receive email, telephone, WhatsApp or text messages from Simian Technologies Pvt Ltd, for the purpose of providing alerts and information related to services.
11. Rule of Conduct
Users must comply with the laws that apply to You in the location that You access Company’s Services from. If any laws applicable to You restrict or prohibit You from using Services of Company, You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of Company. You promise that all the information You provide to Company on accessing and/or using the Services of Company is and shall remain true, accurate and complete at all times.
Notwithstanding any other provision of these Terms You agree and undertake not to:
• Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction);
• Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
• Create software which mimics any data or functionality in the Service;
• Use or deal in the Service except as permitted by these Terms;
• Include contact details intended to enable communication outside of the Service, in any Communication;
• Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
• Make any public, business or commercial use of the Service or any part of them;
• Provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without prior written permission of Company;
• Make the Service or any part of it available to any third party (please note this does not stop you from fairly and honestly providing links to the Platform, or showing either to other people);
• Use or process the Service or any part of them unfairly or for any illegal or immoral purpose; or
• Delete or obscure any copyright or other proprietary notice on the Service.
The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage over other users, and You expressly consent to Company’s monitoring your computer's random access memory for the purpose of identifying said unauthorized third-party programs.
12. Limitation of Liability
IN NO EVENT SHALL DADIDA, OUR LICENSORS OR THE TEACHERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THESE DADIDA TERMS, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU
NOTWITHSTANDING ANY OTHER PROVISION OF THESE DADIDA TERMS, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE DADIDA PLATFORM PROVIDED UNDER THESE DADIDA TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) USD $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY.
13. Suspension, Termination or Cancellation
13.1 Termination By You
You may terminate these Dadida Terms at any time by closing your Dadida Account, discontinuing your use of the Dadida Platform. You have the right to cancel your Dadida Account at any time.
13.2 Termination by Dadida
We may suspend, cancel or terminate your Dadida Account, suspend your ability to use certain portions of the Platform, freeze or confiscate your Dadida Credits (as defined in the Payment Policy) and/or ban you altogether from the Platform for any reason or for no reason, and without notice or liability of any kind. Reasons for such suspension, cancelation or termination may include, but are not limited to, if we believe in good faith that (a) you, a related person, or your Employee (to the extent you are a Company) has engaged in any of the restricted conduct described in Section 11 (Restrictions) or otherwise violated or may have violated these Dadida Terms and/or any Dadida Policies, or (b) your Dadida Account and use of the Dadida Platform have been inactive for more than twelve (12) months. To the extent that you violate these Dadida Terms and we revoke the licenses granted to you, you will lose all benefits and privileges associated with the Dadida Platform. We are under no obligation to compensate you for any such losses.
We reserve the right to stop making available any one or more of the Platform, at any time, whether on a temporary or permanent basis and without any liability, compensation, refunds or other compensatory benefits to you. Your license to the Platform automatically ends when we terminate access to such Platform. Any such action could prevent you from accessing your Dadida Account, the Platform, any Dadida Content, or any other related information.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
Any rights and licenses granted hereunder shall not be transferred or assigned by you but, shall be assigned by the Company. Any attempted transfer or assignment in violation hereof shall be considered as null and void.
Unless you otherwise indicate in writing to customer service, Dadida will communicate with you by email or by posting communications on the Platform. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when Dadida sends the communication to the email address you have provided to Dadida on the Platform, or when Dadida posts such communication on the Platform. You must keep your email address updated on the Platform, and you must regularly check the Platform for postings. If you fail to respond to an email message from Dadida regarding violation, dispute or complaint within two business days, Dadida will have the right to terminate or suspend your Dadida Account.
All notices to Dadida intended to have a legal effect concerning these Dadida Terms must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:
iv. For users that access and use of the Platform:
Simian Technologies Pvt Ltd.
Wisma UOA Damansara,
Penthouse Lvl 16-1, No. 6,
Changkat Semantan, Bukit
Damansara, 50490, Kuala Lumpur,
Such notices to Dadida are deemed effective upon receipt.
No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term and the Company’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.
18. Jurisdiction and Dispute Resolution
Any dispute or difference either in interpretation or otherwise, of the Terms and other Policies on the Platform, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration Act 2005 as amended from time to time. The seat of arbitration shall be held in Malaysia and the language shall be in English.
The Terms shall be construed in accordance with the applicable laws of Malaysia. For proceedings arising therein the Courts in Malaysia shall have exclusive jurisdiction.
Without any prejudice to particulars listed in Clause 20 above, the Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
19. Entire Agreement
If you have any questions about these Terms, please contact us by email or postal mail on the following address:
Name: Simian Technologies Pvt Ltd
E-mail : firstname.lastname@example.org
Address: Wisma UOA Damansara, Penthouse Lvl 16-1, No. 6, Changkat Semantan, Bukit Damansara, 50490, Kuala Lumpur, Malaysia.