Terms Conditions

By accessing or using the Learning Time Limited ("Learning Time”, “LT”, "we,", "us" or “our”) website accessible at the URL http://www.learningtime.com.hk (the “Site”), the Learning Time service, or any applications (including mobile applications) made available by Learning Time (together, the “Service”), however accessed, you are agreeing to the terms of use (the “Terms”) of our Site and Service.

Please read the Terms carefully. By using the Site or Services, you acknowledge and represent that (i) you have read these Terms, (ii) understand them, (iii) agree to be bound by them, and (iv) you are at least 18 years old. If you do not agree to any of the terms below, we are unwilling to grant you access to the Site or the Services.

General Restrictions on Use

  • You are responsible for any activity that occurs through your account and you may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third-party. You may use the Site and the Services only for your personal, non-commercial purposes.
  • You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
  • You agree that you will not solicit, collect or use the login credentials of other LT users.
  • You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, national identity numbers, non-public phone numbers or non-public email addresses.
  • You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
  • You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or LT.
  • You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any LT users.
  • You must comply with LT’s community guidelines.
  • You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms or any other LT terms.
  • Violation of these Terms of Use may, in LT’s sole discretion, result in termination of your LT account. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for LT, we can stop providing all or part of the Service to you.

General Conditions

  • We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or if you deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your profile), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
  • Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  • We reserve the right, in our sole discretion, to change these Terms ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Site or Service, and that your use of the Site and Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.
  • We reserve the right to refuse access to the Service to anyone for any reason at any time.
  • We reserve the right to force forfeiture of any username for any reason.
  • We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms.
  • You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that LT is not responsible or liable for the conduct of any user. LT reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  • There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse (eg., links posted by others in the Forum). LT does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that LT is in no way responsible or liable for any such third-party services or features.
Community Guidelines

Learning Time aims to build and maintain a friendly community of families that support and help each other. Our community represents a diverse demographic of users that we hope to foster and protect. As such, when you use our Service, you are agreeing to our Terms and these Community Guidelines. Overstepping these boundaries may result in deleted content, disabled accounts or other restrictions. Furthermore, you can also play a part in fostering a friendly community by contacting us in any instances where you find that there has been a violation of our Community Guidelines.

  • As always, don’t claim others’ intellectual property as your own. Share only photos that you’ve taken or have the right to share.
  • Post photos that are appropriate for diverse audiences and that, to your reasonable knowledge, will promote a friendly community. We can and will remove content that contains credible threats or hate speech, content that targets private individuals to degrade or shame them, personal information meant to blackmail or harass someone, and repeated unwanted messages. It's never OK to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. When hate speech is being shared to challenge it or to raise awareness, we may allow it. In those instances, we ask that you express your intent clearly. Serious threats of harm to public and personal safety aren't allowed. This includes specific threats of physical harm as well as threats of theft, vandalism, and other financial harm.
  • Foster meaningful and genuine interactions. Help us stay spam-free by not posting repetitive comments or content, or repeatedly contacting or harassing people.
  • Follow the law. Our LT forum is not a place to support or praise terrorism, organized crime, or hate groups. We have zero tolerance when it comes to sharing sexual content involving minors or threatening to post intimate images of others. While posting nude or partially nude photos of your own child is generally allowed due to the demographic and nature of our community, LT reserves the right to remove any content that we deem inappropriate or posted with malicious intent. For safety reasons, there are times when we may remove images that are shared with good intentions, but could be used by others in unanticipated ways.
  • Maintain our supportive environment by not glorifying self-injury. The LT community cares for each other, and can be a place where people find support. Encouraging or urging people to embrace self-injury is counter to this environment of support, and we’ll remove it or disable accounts if it’s brought to our attention.

Our Online Services

Accounts

In order to use certain features of the Site or Services, you must register for an account with LT (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree you will not sell, transfer, license or assign your account, username, or any account rights. You agree to only use our Services for the children registered on your Account (up to four children maximum). You agree to immediately notify LT of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. LT cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Access to Features of Online Services

You agree not to combine or integrate the Site and the Services with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site, the Site and the Services. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms. You agree not to use the Site and the Services to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.


Ownership

As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and the Service and all related intellectual property rights, other than User Content. LT and its suppliers reserve all rights not granted in these Terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. If you provide LT any reviews or suggestions regarding the Site or Services (“Feedback”), you hereby assign to LT all rights in the Feedback and agree that LT shall have the right to use such Feedback and related information in any manner it deems appropriate. LT will treat any Feedback you provide to LT as non-confidential and non-proprietary. You agree that you will not submit to LT any information or ideas that you consider to be confidential or proprietary.

Copyright © 2018, Learning Time Ltd. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site or Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Gems and Unlock Features

Our unlock features can be unlocked in our Mobile Application using an in-app currency (“Gems”). There are several ways to earn Gems. You can earn Gems through completing a certain number of lessons with your child. You can earn Gems by sharing our Service on social media through our built-in “Invite Friends Now” button. You cannot buy Gems using real money. Gems cannot be used to purchase any programs and are not of value outside of our Service.

Terms and Conditions of Sale

Products and Pricing

All products listed on the Site (“Products”), their descriptions, and their prices are each subject to change. LT reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that LT will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product (except as set forth in Section V). In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.

Orders

When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.

Payment Terms

For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). If you order a subscription to a Product that auto-renews (“Subscription”), then you agree to pay the applicable Product Price, Delivery Fees, and Taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site. Your next billing date will always be 8 days before the end of the current subscription period. We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled, there are unforeseen delays that hinder our ability to ship your product or there are changes to your account or Subscriptions. If you purchase a Subscription for a 3, 6 or 12 month term, you will be billed immediately for the entirety of the Subscription upon purchase. Please also note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price. As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with the directions on this site, you hereby authorize, agree and assent to LT automatically billing your credit card submitted as part of the order process for such amounts that are due. You will be solely responsible for payment of all taxes (other than taxes based on LT’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by LT, including, without limitation, all Product purchased pursuant to any changes in your Subscription plan (“Updated Subscription”). All payments are non-refundable.

Shipping Policy

Products will be shipped in accordance with the shipping method you selected when placing the order. Any delivery dates provided by LT are estimates. LT will send you an email when your order has shipped and you may review your order and shipping information on your Account. If you select the delivery option, Product will generally arrive no later than 7 working days after the date of subscription each month.

Cancellation Policy

You can cancel a monthly subscription up to 8 days before the current Subscription period ends. Please do so by manually disabling auto-renewal from your Account on our Site. Deleting the Mobile Application will not disable it. If not, the subscription will be renewed until auto-renew is disabled for the next subscription period. Gift card subscriptions (1-, 3-, 6-, 12- month terms) are not eligible for cancellation - these subscriptions will expire after the original term is complete.

Return Policy
  • Return Policy. Unless the Product information page states that a Product is a Final Sale, LT will accept returns only for store credit and only in accordance with the Return Procedures below. If a Product is a Final Sale, then the sale is final and no returns will be accepted. Provided that LT confirms that your Product was not a Final Sale and was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that we will issue you a store credit in the amount charged for the applicable Product; provided that the credited amount will not include the applicable Delivery Fee, which is nonrefundable. Store credit may only be used for future purchase of Products on the Site (excluding gift cards) and are not transferable.
  • Exchanges. We do not accept any Product exchanges.


  • Damaged Products. If the Product arrives damaged or not substantially as described on the Product information page (“Damaged Product”), LT will offer Product exchanges. Provided that LT confirms that your Product was a Damaged Product and was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue an exchange for a new, undamaged Product.
  • Return Procedures. The following sets forth the required “Return Procedures”: All returns must be made within 7 days after receiving the Product. All returned Products must be unused and returned in accordance with the instructions received from contacting customer service at hello@learningtime.com.hk. You are solely responsible for the cost of shipping the returned Product. All Products not returned in accordance with the Return Procedures shall be sent back to you and no exchange will be issued.
Promotions

Please read the official rules that accompany each special offer, coupon, discount, contest and giveaways that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers.

Disclaimers, Limitations and Exclusions of Liability

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LT NOR ANY OF LT’S EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "LT PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) LT CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO LT OR VIA THE SERVICE. IN ADDITION, THE LT PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, ACCURACY OF DATA AND FREEDOM FROM COMPUTER VIRUS.

THE LT PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. LT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE LT PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND LT SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE LT PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.


Limitation Of Liability

USE OF OUR SERVICE, THE SITE, AND/OR THE PRODUCTS ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS EXCEED THE GREATER OF (1) TWO HUNDRED DOLLARS (U.S. $200.00) OR (2) THE AMOUNTS YOU HAVE PAID TO LT IN THE PRIOR 6 MONTHS HEREUNDER.

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE, AND THE PRODUCTS TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.

USE OF OUR SERVICE, THE SITE, AND/OR THE PRODUCTS ARE AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL THE LT PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE CONTENT; (C) USER CONTENT;

(D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LT OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF LT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE LT PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT WILL LT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED (1) TWO HUNDRED DOLLARS (U.S. $200.00) OR (2) THE AMOUNTS YOU HAVE PAID TO LT IN THE PRIOR 6 MONTHS HEREUNDER.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF LT’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY LT, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY LT.


LT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Exclusions

THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY CONTAINED IN THESE TERMS DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER, I.E., A PERSON ACQUIRING GOODS OTHERWISE THAN IN THE COURSE OF A BUSINESS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND REMEDIES CONTAINED IN THESE TERMS SHALL APPLY TO CUSTOMER ONLY TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS AND REMEDIES ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE CUSTOMER IS LOCATED. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at LT’s request), indemnify and hold LT harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by LT in the defense of any claim. LT reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of LT.

Arbitration Notice

UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THIS USER AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LITTLE PASSPORTS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Governing Law

These Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region of the People’s Republic of China. You agree to submit to the exclusive jurisdiction of the Hong Kong Court.


Dispute Resolution

You and LT agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including disputes related to the interpretation, enforceability or formation of this “Dispute Resolution” section, or the use of the Site or Learning Time Materials, products or Services (collectively, “Disputes”) shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Learning Time with written notice of your desire to do so by email at hello@learningtime.com.hk or regular mail at 5F, 88 Lockhart Road, Wanchai, Hong Kong within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Learning Time with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Learning Time with an Arbitration Opt-out Notice, will be Hong Kong courts and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Learning Time with an Arbitration Opt-out Notice, you acknowledge and agree that you and Learning Time are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Learning Time otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.

Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

The arbitration will be administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the HKIAC Domestic Arbitration Rules or the HKIAC Administered Arbitration Rules then in effect, except as modified by this “Dispute Resolution” section.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the HKIAC Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the HKIAC’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the HKIAC will appoint the arbitrator in accordance with the HKIAC Rules.

If your claim does not exceed US $10,000, then the arbitration will be conducted solely on the basis of the documents that you and LT submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds US $10,000, your right to a hearing will be determined by the HKIAC Rules. Subject to the HKIAC Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator will render an award within the time frame specified in the HKIAC Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.

Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Disclaimers, Limitations and Exclusions of Liability” section below as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.


Your responsibility to pay any HKIAC filing, administrative and arbitrator fees will be solely as set forth in the HKIAC Rules.

Notwithstanding the provisions of the “Amendments” section above, if LT changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to hello@learningtime.com.hk within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of LT’s email to you notifying you of such change.

By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Learning Time in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).