Kids in Orbit

Malta Terms and Conditions

Terms and Conditions for Kidsinorbit.com
Updated and effective as of January 27th, 2019

 

These Terms and Conditions (“Terms”) apply to the Kidsinorbit.com website and its features, as well as any website, widgets or online services that are owned and controlled by Kidsinorbit.com (the “Website”). Please carefully read these terms before using the website, as they affect your legal rights and obligations. You agree to these Terms by accessing or using the Website. If you do not agree to be bound by all these terms, do not use the website. 

Arbitration notice: except for certain types of disputes described in the disputes/arbitration/governing law provision below, you and Kids in Orbit agree that disputes between us will be resolved by binding, individual arbitration. That means that an arbitrator, not a judge or jury, will decide any dispute and that you waive your right to bring an action in court before a judge or jury.

Your child’s place is only confirmed on receipt of the full payment due, together with completed consent form, in advance of the course. The consent form must be filled in and handed in online within one week of purchase, otherwise the spot may be lost and monies refunded with no further recourse.

Pick-up by parents/guardians must be exactly on time. The tutors reserve the right at any time to demand parent/guardian identification to their full satisfaction prior to release of the child in the guardian’s custody. Kindly note the tutors cannot be held responsible for the child after session termination. Late pick-up more than ten (10) minutes after session will incur a charge of ten (10) Euros.

Parents/guardians shall keep in mind that arrival shall be expected ten (10) minutes prior to session commencement. If the child arrives more than twenty (20) minutes late, there shall be risk of nonadmission due to the child missing the introductory session.

No parents shall be allowed during sessions.

While we take every precaution possible, Kids in Orbit will not be held responsible for loss or damage to personal belongings or safety while on the premises where the sessions take place. The Kids in Orbit tutors will use utmost precaution to the best of their capacity to ensure the children are kept safe while under their custody. Notwithstanding, by enrolling in the Course you understand that in cases of force majeure or overwhelming circumstances the tutors cannot be held responsible for injuries which occur out of their control.

After successful registration (payment and consent form received by Kids in Orbit) no refunds will be offered.

Missing of sessions shall not be refunded and no credit shall be given for such misses.

All sessions are subject to change. While Kids in Orbit uses its best efforts to operate sessions as per the timetable published on this website, in some instances changes are required due to unforeseen circumstances. No guarantee is made that sessions will run per the timetable. Any changes required will be communicated to those affected prior to the date sessions commence.

Please inform us by email if the child is taking any medication or suffering from any illness/allergies/ill health in advance of attending.

From time to time your child may be photographed or videoed whilst undertaking a Kids in Orbit class. Such media might be used for promotional purposes, including but not limited to reproduction on the Kids in Orbit social media platform. By enrolling in the Kids in Orbit program you agree to such use by Kids in Orbit.

All sessions are subject to change. While Kids in Orbit Academy uses its best efforts to operate sessions as per the timetable published on this website, in some instances changes are required due to unforeseen circumstances. No guarantee is made that sessions will run per the timetable. Any changes required will be communicated to those affected prior to the date sessions commence.

Discounts – Should you possess a discount code, only one discount applies at any one time.

At the time of listing we have ensured all tutors involved in the course have a police check to ensure they have no convictions. We take no responsibility for their status beyond the date of the commencement. Ask the Kids in Orbit tutor to supply you with this information if you have any concerns.

Kindly note that the course administrators reserve the right to maintain an eight (8) student minimum quota per course for the course to run. If this quota is not met, the course may be cancelled at the sole discretion of the administrators whereby monies shall be refunded.

The administrators reserve the right to change these Terms and Conditions periodically. It is therefore your responsibility to check the same regularly for updates.

OWNERSHIP OF WEBSITE CONTENT
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Website, including past, present and future versions, domain names, source and object code, the Content (defined below) and the “look and feel” of the Website (collectively, the “Content”) are owned, controlled or licensed by Kidsinorbit.com, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties.

The Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Kidsinorbit.com, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited.

YOUR LICENSE TO USE THE CONTENT ON OUR SITE
When you download or use the Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Content; (c) not use the Content in a manner that suggests an association between any third party and Kidsinorbit.com or any of our products, services or brands. You also agree that you will not, including by using any robot, scraper, or other data mining technology or process, frame, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or Internet browser usage).

We reserve all other rights to Kidsinorbit.com and the Content. You may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Content without our permission. You also may not transfer, resell or sublicense this limited right to use the Content.

SERVICE FEES
You may use the Website (or certain portions thereof) free of charge or may have the opportunity to subscribe to the Website on a paid basis or purchase a limited-time course.

MEMBERSHIP & REGISTRATION
Your child’s place is only confirmed on receipt of the full payment due, together with completed consent form, in advance of the course. The consent form must be filled in and handed in online within one week of purchase, otherwise the spot may be lost and monies refunded with no further recourse.

Certain areas or features on the Website or its related third party providers may require registration or may otherwise ask you to provide information to participate or access certain Content. Full name and date of birth are, when specified, intended to be provided by the child; all other information, in particular email addresses and contact or personal details are to be provided solely by adult guardians or supervisors. When you provide information to the Website, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.

If you register with us, you agree you will not sell, transfer or assign your purchases or any buyer rights. You are responsible for maintaining the confidentiality of your password or security token, if any, and for restricting access to your computer (or other device, as applicable) so that others may not access the protected portion of the Website or related third-party services using your token information. Kidsinorbit.com reserves the right (in its sole discretion) to terminate your service or otherwise deny you access without notice.

MINIMUM REQUIREMENTS
The Website or its related third-party services may require you to meet certain minimum hardware and software system requirements (“Minimum Requirements”). If you do not meet these Minimum Requirements, you may not be able to use the Website or some or all of the Content and third-party features may be inaccessible or not fully functional. Minimum Requirements will be disclosed by the relevant third-party provider or within the Kidsinorbit.com FAQ page . Please review the Minimum Requirements carefully on the Kidsinorbit.com FAQ page before using or purchasing any package or service.

INFORMATION AND CONTENT YOU SUBMIT
Any content you submit to the Website or through third-party providers, including questions, comments, opinions, images, videos or other queries, including any information submitted through a “contact us” mechanism or otherwise, will be treated as non-confidential and non-proprietary and will not be returned. You agree that Kidsinorbit.com is free to use any of the above material or concepts you submit to us for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you.

THIRD PARTY LINKS, CONTENT AND APPLICATIONS
There may be links from the KIO parties, or from communications you receive from the latter, to third party web sites or online features. The Website also may include third party content that we do not control, maintain or endorse. Your correspondence and business dealings with others found on or through the Website are solely between you and the applicable third party. You expressly acknowledge and agree that we are in no way responsible or liable for third party content, sites or online features. By using third party service providers you agree to be bound separately by such service providers’ terms and conditions. The liability of Kidsinorbit.com shall in no way extend or cover any usage of such third party services and you hereby expressly hold Kidsinorbit.com harmless for your use of such services.

Kidsinorbit.com reserves the right to prohibit linking to the Website for any reason in our sole and absolute discretion.

DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Kidsinorbit.com AND EACH OF ITS EMPLOYEES, MANAGERS, OFFICERS, AGENTS, AFFILIATES OR VENDORS (COLLECTIVELY, THE “KIO PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO (A) THE WEBSITE OR WEBSITE CONTENT, INCLUDING ANY APPLICATIONS; (B) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE WEBSITE; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO Kidsinorbit.com OR VIA THE WEBSITE. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE KIO 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, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE KIO PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THIRD-PARTY SERVICE PROVIDERS WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE KIO PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE PARTIES DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE KIO PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.

LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE KIO PARTIES BE LIABLE TO YOU FOR INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE WEBSITE CONTENT; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (C) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE KIO PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE AND ANY THIRD-PARTY SERVICE PROVIDERS; (D) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN TECHNICAL OPERATION; OR (F) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE 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. IN NO EVENT WILL THE KIO PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE KIO PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE KIO PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE KIO PARTIES, OR FOR THE KIO PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

YOU AGREE THAT, IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE ACTS OR OMISSIONS OF KIO PARTIES, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED OR USED BY THE KIO PARTIES IN RESPECT OF ITS FUNCTION.

BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the KIO Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your use of the Website or activities in connection with the Website; (b) your breach or anticipatory breach of these Terms; (c) 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 (d) the KIO Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Kidsinorbit.com. You will not in any event settle any claim without the prior written consent of a duly authorized employee of the KIO Parties.

TERMINATION
Kidsinorbit.com reserves the right to terminate your access to and use of the Website and its third-party services in its sole discretion, without notice, including, without limitation, if Kidsinorbit.com believes your conduct fails to conform with these Terms. Any violation of these Terms may be referred to law enforcement authorities. Upon termination of your access to the Website, or upon demand from Kidsinorbit.com, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Website and any related third-party services.

Kidsinorbit.com also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time and from time to time, and with or without notice) any materials, information, or content available on the Website or offered through its related service providers. You agree that, except as may be required by law, Kidsinorbit.com will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any service or part thereof.

LOCATION OF SITE AND TERRITORIAL RESTRICTIONS
Kidsinorbit.com controls and operates the Website from Malta and makes no representations or warranties that the information, products or services contained on the Website are appropriate for use or access in other locations. Anyone using or accessing the Website from other locations does so on their own initiative and is responsible for compliance with applicable laws. We reserve the right to limit the availability of the Website (and/or the provision of any content, program, product, service or other feature described or available thereon) to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

DISPUTES; ARBITRATION; GOVERNING LAW
YOU AGREE THAT THESE TERMS AND YOUR USE OF THE WEBSITE AND AFFILIATED OR THIRD-PARTY SERVICES ARE GOVERNED BY THE LAWS OF MALTA. BOTH YOU AND THE KIO PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY.

THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, THE KIO PARTIES WILL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN ANY COURT WITH JURISDICTION OVER THE PARTIES. IT IS UNDERSTOOD THAT THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS

REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use the Website for any purpose or in any manner that infringes the rights of any third party. Kidsinorbit.com encourages you to report any content on the Website that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content.

If you believe that any content on the Website violates your rights other than copyrights, please provide Kidsinorbit.com with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.

UPDATING THESE TERMS
Kidsinorbit.com reserves the right to modify or add to these Terms at any time (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Website or related social media outlets so that they are accessible via a link on the home page or such social media outlet, and that your use of the Website after we have posted 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 before using the Website. 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 Website from that point forward.