1.1. Welcome to GogoKids Platform. This page (together with the documents referred to on it) sets out the terms of use ("Terms of Use") on which you may make use of GogoKids and the products, applications, services and software we offer, whether as a guest or a registered user. This Application or Website is owned and operated by GogoKids Technologies Sdn Bhd ("GogoKids" ,"Company", "us", "we" or "our") with the Company Registration No. 201801005734 (1267748-T).

1.2. Please read the following Terms of Use carefully before you start to use this Application or Website. By browsing, accessing or using the Application or any Services available through it, you hereby indicate that you agree and accept to these Terms of Use and that you agree to abide by them. Your use of any part of the Application or the Website constitutes your acceptance of these Terms of Use which takes effect on the date on which you first use the Application or the Website. If you do not agree with these Terms of Use, you should cease using the Application or the Website immediately.

1.3. We reserve the right to amend these Terms of Use at any time without notice to you by posting changes online. You are responsible to regularly review information posted in the Application or the Website to obtain timely notice of such changes. If you do not wish to be bound by these amended Terms of Use, you have the right to delete all of your accounts on our Website and/or to remove our mobile applications. However, your continue use of our Application or our Website after changes are posted will be deemed to constitute acceptance of the Terms of Use amended.

2.1. "Provider" means any individual or company that has signed up to offer their events, activities, workshops, classes or goods via the Website or the Application.

2.2. "User", "you" and "your", as applicable, means a any individual or company who accesses, uses, and/or participates in the Application or Website in any manner, whether as a guest, a user or a provider.

2.3. "Register" means creating an account on the Application or the Website.

2.4. "Join" means the confirmation of joining of an event, activity, workshop or class through the Application or the Website.

2.5. "Application" refers to GogoKids Mobile App, GogoKids Web App, Provider Dashboard and all their related applications.

2.6. "Website" refers to gogokids.my and all their related landing pages or microsites.

2.7. "Platform" refers to the online tool which allows you to access and register on the Application or the website, and to use the Services.

2.8. "Terms of Use" refer to these Terms of Use, Privacy Policy and any Additional Policies as may be modified from time to time

3.1. Applicability of the Terms of Use: Your usage of the platform, any of the Services, any Bookings and/or Purchase made and/or any other transactions that may be performed or conducted through the Platform are each subject to these Terms of Use.

3.2. Eligibility: You represent and warrant that you are at least 18 years of age. If you are under age of 18, you may not, under any circumstances or for any reason, use the Platform to make any activity bookings, purchases or payments.

3.3. Registration: If you wish to access and utilise the full facilities and features of the Platform, you must register for an account on the Platform (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not (1) select or use as a username a name of another person with the intent to impersonate that person; (2) use as a username a name subject to any rights of a person other than you without appropriate authorisation or (3) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Platform without permission. You must notify us immediately of any change in your eligibility to use the Platform breach of security or unauthorised use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

3.4. Place: The Application, the Website and/or the availability of the Services and/or any Bookings and/or any Purchases are directed solely to those who access the Platform from the cities that are listed on the Platform. We make no representation that the Services are available or otherwise suitable for use by persons outside the listed cities. If you choose to access the Platform (including the use of the Services and/or to make bookings or purchases) from locations outside of the listed cities, you hereby agree that you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

3.5. Scope: The availability of the Application, the Website, Services and/or any bookings and/or any purchases are strictly for your noncommercial, personal use only. Commercial use for any business purposes or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. For the avoidance of doubt, scraping of the Website (and hacking of the Application or the Website) is not allowed.

3.6. Prohibitions and Prevention of usage: You shall not misuse the Platform. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other materials on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, corrupt data, cause annoyance other users, infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material. We reserve the right, at our own discretion, to prevent you from using the Application, the Website, the Services (or any part of them) and/or from making any bookings or purchase.

3.7. Equipment: Your agreement to use the Services, the Application, the Website and/or the making of any Purchase does not include the provision of a computer or any other necessary equipment by us to you in achieving any of the said purposes. To use the Application, the Website, the Services and/or to make a Purchase, you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur in connection with the same.

4.1. Phone Numbers and Emails: As a condition of Purchase, we reserve the right to send you administrative and promotional emails or SMS. We may also send you information regarding your account activity and purchases, as well as updates about the Website, the Application, the Services, the ticket as well as any other promotional offers. You are able to opt-out of receiving our promotional e-mails or to unsubscribe such information at any time by clicking the ‘Unsubscribe’ link at the bottom of any of such e-mail correspondence.

4.2. Formation of contract: Purchase acceptance and completion of the contract between you and the Company will only be established upon the Company issuing a confirmation of transaction of the Purchase (“Tickets” or “Goods”) to you. For the avoidance of doubt, we shall be entitled to refuse or cancel any purchase without giving any reasons for the same to you prior to the issue of the ticket or good. No concluded contract may be modified or cancelled by you except with the agreement in writing of the Company and on terms that you shall indemnify the Company in full against all loss, costs, damages, charges and/or expenses incurred by the Company as a result of the modification or cancellation, as the case may be.

4.3. Once you have purchased a ticket, you will receive an email confirmation of your purchase that will contain a Ticket reference number (“Reference Number”) and a printable version of your ticket.

4.4. Once you have purchased a good, you will receive an email confirmation of your purchase that will contain an order number (“Order Number”) and the shipment details of the order.

4.5. In order to use your ticket, you must appear in person at the meeting point designated by the relevant Provider on time, and present such documents and/or information as may be required by the Provider, that may include your Reference Number and/or your printed Ticket. If you fail to appear on time or to provide the required documents or information, no refunds will be granted.

4.6. A Provider may also require you to provide an identification document bearing your photo in order to use your Ticket. Neither GogoKids nor the Provider is responsible for lost, destroyed or stolen Tickets or Reference Numbers. Any attempted redemption of a ticket not consistent with this Agreement may render a ticket void at our Provider’s discretion.

5.1. Fees: Signing up an account and accessing the Services are free. However, we charge fees when you buy goods, paid tickets or registrations. These fees may vary based on individual agreements between GogoKids and certain Providers. Providers ultimately determine whether these fees will be passed along to Consumers and shown as "Fees" on the applicable event page or absorbed into the ticket or registration price and paid by the Provider out of good, ticket and registration gross proceeds. The fees charged to Users may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Users for an event or a good are not necessarily the same as those charged by GogoKids to the applicable Provider or the standard fees described on the Services to Providers. In addition, certain fees are meant, on average, to defray certain costs incurred by GogoKids, but may in some cases include an element of profit and in some cases include an element of loss. GogoKids does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing goods, tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.

5.2. Cancelation of Tickets: If an activity/event/class which you have purchased a ticket for is canceled by the Provider, GogoKids will notify you as soon as reasonably practicable, and will process a refund into the credit card/bank account you used to purchase such ticket. In any circumstances, if you want to cancel your purchase of an activity/event/class and request for a refund, it is solely at the Provider’s discretion to accept your refund request. After GogoKids has received the confirmation from the Provider, we shall process a refund in full credit to your GogoKids Account.

5.3. Cancelation of Orders: If an item which you have purchased is canceled by the Provider, GogoKids will notify you as soon as reasonably practicable, and will process a refund into the credit card/bank account you used to purchase such ticket. In any circumstances, if you want to cancel your purchase and request for a refund, it is solely at the Provider’s discretion to accept your refund request. After GogoKids has received the confirmation from the Provider, we shall process a refund in full credit to your GogoKids Account.

5.4. Cash Refunds: If user wish to have cash refunds to his/her credit card/bank account, he/she may apply for it by contacting the customer support or by sending an email to [email protected].

6.1. Provider terms: You hereby acknowledge that the providers will have their own applicable terms and conditions in relation to the events, activities, workshops, or classes, in which you agree to and shall abide by those terms and conditions.

6.2. Accurate information: You warrant and undertake that all information provided for Register and/or in relation to the creation of your account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.

6.3. Contents on the Platform and the Services: It is your responsibility to ensure that any services or information available through the Platform or the Service meet your specific requirements.

7.1. All prices and commissions percentages provided on the Platform are construed final at the time of their subscription. GogoKids reserves all rights to change the prices, create promotions, bundles or any other activities which changes the amount of either prices or commissions, temporarily or permanently, as GogoKids deems fit. If this changes the date, amount or other detail of any payment which is recurrent GogoKids shall require User’s agreement to different charges to User’s reported payment method. All changes shall apply to future charges, and they shall never affect previous payments.

7.2. As a User, you hereby authorise GogoKids to make charges to your payment methods, pursuant to your purchase of a monthly or annual plan, or for any other purchases made from the platform.

7.3. All payments are processed by a third party, engaged by GogoKids for such purpose. When disclosing payment information, User warrants to GogoKids that User owns or is authorised to use such payment method by any relevant party. Payment information is kept private. Users shall assume the payment of any applicable taxes when applicable.

7.4. Users may cancel their accounts or their payments at any time, however refunds shall not be made, unless a specific case falls under Malaysia laws which obliges GogoKids to make such refund.

7.5. As a Provider, you hereby authorise GogoKids to collect payment on behalf of you

8.1. If you (or any other third party authorised by you) use the Platform and/or the Services in contravention of these Terms of Use, we may suspend your use of the Platform (in whole or in part) and/or the Services.

8.2. Upon suspension of usage, we may refuse to restore the Platform and or the Services until we receive an assurance from you, in the format that we deem acceptable. that there will be no further breach of the provisions of these Terms of Use.

8.3. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone who is in breach of these Terms of Use.

8.4. Without limitation to anything else in this Clause 7, we shall be entitled to immediately or at any time (in whole or in part) to suspend your use of the Platform and/or the Services and/or suspend the use of the Platform and/or the Services for persons we believe to be connected (in whatever manner) to you if:

8.4.1. you commit any breach of this Terms of Use;

8.4.2. we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms of Use; or

8.4.3. we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

8.4.4. Notwithstanding any other provisions hereinafter contained, we may terminate or suspend your use of the Platform and/or Services at any time.

8.4.5. Our right of termination and/or suspension herein shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

You shall defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Platform and/or Services or the placement or transmission of any message, information, software or other materials through the Platform by you or related to any violation of these Terms of Use by you or authorised users of your account.

10.1.1. For any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising), or

10.1.2. For any bugs, viruses, trojan horses, or the like (regardless of the source of origination).