DISCOVER EARLY YEARS TERMS AND CONDITIONS

Terms of Service

The Discover Early Years website and service including (without limitation) all websites, mobile applications, learning centres and other interactive properties through which the service is delivered (collectively, the “Service”) are owned, operated and distributed by Elizabeth Hughes Education PLT., a private corporation (referred to in these Terms of Service as “Discover”, “Discover Early Years” or “we” and through similar words such as “us,” “our,” etc.). By accessing any part of the Service, you are agreeing to the terms and conditions described below (these “Terms of Service”), the terms and conditions of our privacy policy (the “Privacy Policy”) and any other legal notices published by us on the Service. If you do not agree to any of these terms, you should not use the Service. These Terms of Service apply to all users, including both users who are simply viewing content available via the Service and users who have registered as members of Discover.

We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of 20th May 2020.

Description of Service

The Discover Early Years’ Service functions as a platform to book classes, purchase merchandise or subscribe to exclusive educational content.

We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.

Rules for All Users

When you register with Discover to use any of our Service, you agree to the following rules:

You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service.
You will not upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.
You agree that you will not engage in any behaviour that constitutes unauthorised or unsolicited advertising, junk, or bulk email (also known as “spamming”), chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
You will not share content from the Service with anyone who is not properly licensed to access the content.
You will not upload, share, post, distribute or otherwise partake in any behaviour that is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
You will not partake in any behaviour that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
You will not share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party.
You will not impersonate any person or entity, including any of our employees or representatives.
You will not use your account to breach security of another account or attempt to gain unauthorised access to another network or server. Not all parts of the Service may be available to you or other authorised users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.

Accounts Terms

Parents, you need an account to access our Service. The following terms apply to your use of the Site and any account that you may open or attempt to open via the Site:

You represent and warrant that you are at least 16 years of age. If you are under age 16, you need a guardian/ parent to access features on this site.
You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
Keep your password somewhere safe because you are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. We will not be liable for any loss or damage from your failure to comply with this security obligation.

In the event where there is a security breach or unauthorised use of your account, you must notify us immediately. You can request to terminate your account at any time by following the steps here. Check our Privacy & Data Policies to see what happens when you terminate your account.

Member services and policies

Discover Credits

In order to access Discover Early Years and its partners’ Services, you must first acquire Discover Credits by choosing a suitable Credit Plan. Discover Credits are added to your account after purchasing a credit plan both digitally or in-store. Even though the credits have no cash value, they can be exchanged within the Discover Early Years Ecosystem for classes, courses or products. So, for example, if you had 5 credits added to your account, you can exchange it for an equivalent class or product equal to value, alternatively, any balances after will remain in your account for future use.

Discover Credits carry an expiration based on the Credit Plan you’ve chosen. You can confirm the expiration date of your credits by looking at the right-hand side of your credit history page.

Discover Early Years Credits cannot be redeemed or exchangeable for cash.

Credit Plans

You may participate in one of our ‘Credit Plan’ by subscribing to pay monthly fees for a fixed amount of credits to spend on the Site including unlimited access exclusive content, online classes and booking offline classes.

All credit plans and membership payments are non-refundable and not transferrable to a third party. Expiration dates are fixed and cannot be extended. It is your responsibility to check the expiry of any packages before purchasing and failure to understand and adhere to this date is not an excuse and valid reason to extend. No exceptions will be given. Occasional short-term packages will be sold by Discover Early Years; it is your responsibility to seek an expiry date before purchasing and your purchase of said packages are consented to completing within the expiry date.

Recurring Billing

Charges for the ‘credit plan’ will be billed on the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled. In the event your subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Credit Plan on March 31st, your next payment date is likely to be April 30th, and your Payment Method would be billed on that date.

No Refunds

Payments are non-refundable and there are no refund or credits for partially used periods. Following any cancellation, however, you will continue to have the benefits of your Discover Credits through the end of your current billing period.

Membership cancellation

Entrance onto our membership program is a binding contract, which you consent to uphold. Cancellation requests must be made in person within your home location. Cancellation requests via email alone will not be accepted under any circumstances and you will be responsible for making your monthly payments until notice has been given within your home location.

Booking a Class

Booking a class at the centre or online requires the use of Discover Credits. Therefore, you are required to purchase a Credit Plan beforehand. Booking a class can be done via our website’s booking system of via Whatsapp or in person. Discover credits will be deducted accordingly from your Credit balance once your booking slot has been secured.

Class Booking Cancellations

We do not encourage booking cancellations; however, you may reschedule up to 2 hours before your booked session via Whatsapp. You may reschedule class through our online system (app/website) or by calling the applicable centre directly.

If you cancel via the Website, please note that the credits will not be credited back to your account immediately. This will be done manually by our customer service team within 48 hours from the time of cancellation.

We will not accept cancellation requests via email. Members will lose their session (fee amount varies between individual centre locations) for either a late cancellation or an absence should they not reschedule their reservation before the allotted 2-hour window.

Classroom Rules and Regulations

Centre Classes:

When you enrol for a class in our centre, you agree to the following rules:

You will accept all the terms and conditions including the cancellation policy listed in the Service when you agree to book or access a class offered by Discover Early Years, online and at the centre.
As a parent, during your child’s session you will assist in enforcing all reasonable rules set by a teacher with respect to a class, and you will not take any actions to interfere with the teacher or any other students in the class.
You must be present and ready for class 5 minutes before your session is booked, otherwise, unless you notify us in adequately in advance, your class credits will still be deducted.
Discover Early Years is in no way responsible for the safekeeping of your personal belongings while you and your child are present in the centre. You are to assume all risk of loss or damage to your property and any of your personal belongings.

Online Classes:

When you enrol for a class on the Site, you agree to the following rules:

You will accept all the terms and conditions including the cancellation policy listed in the Service when you agree to book or access a class offered by Discover Early Years, online and at the centre.
As a parent, you will assist in enforcing all reasonable rules set by a teacher with respect to a class, and you will not take any actions to interfere with the teacher or any other students in the class.
You may access class content for your information and personal use only.
You will not copy any materials or techniques for purposes of your own or others’ classes, or for interfering with any class or the teacher’s ongoing relationship with any students participating in such class.
Discover Early Years reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason.
You must be present and ready for class 5 minutes before your booked session, otherwise your class credits will still be deducted.
In the event where parents/children are not able to continue the session or are late for a live group session, a replacement will not be offered. Instead, parents can download the recorded session to follow along at home after 48/72 hours.
In the event where parents are unable to continue the session due to a child’s unwillingness to participate after the first 15 minutes, a replacement will not be offered. Instead, parents can download the recorded session after 48/72 hours.

Intellectual Property and Trademarks

The content on the Discover Early Years website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“content”) and the trademarks, service marks and logos contained therein (“marks”), are owned by or licensed to Discover Early Years, subject to copyright and other intellectual property rights under the law.

Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Discover Early Years reserves all rights not expressly granted in and to the website and the content.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to company are non-confidential and shall become the sole property of Discover Early Years. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on use of the website or the content therein. “Discover Early Years” and other graphics, logos, wordmarks, and designs are trademarks of Discover Early Years in the Malaysia and/or other countries for which applications are pending.

Discover Early Years ‘s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Discover Early Years.

Mobile Services

The Discover Early Years services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Discover Early Years packages via your mobile phone, (ii) the ability to receive and reply to Discover Early Years messages, (iii) the ability to browse Discover Early Years from your mobile phone (iv) the ability to access certain Discover Early Years features through a mobile application you have downloaded and installed on your mobile phone (collectively the “mobile services”). We do not charge for these mobile services. However, your carrier’s normal messaging, data and other rates and fees will still apply.

You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the mobile services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such mobile services.

By using the mobile services, you agree that we may communicate with you regarding Discover Early Years and other entities by SMS, MMS, push notifications or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us.

Third Party Sites

Our site may contain links to third-party sites that are not owned or controlled by Discover Early Years. Discover Early Years has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Eligibility

User account is void where prohibited. This website is intended solely for users who are 16 years of age or older. Any registration by, use of or access to the website by anyone under 16 is unauthorised, unlicensed and in violation of these terms of use. By using Discover Early Years services or the website, you represent and warrant that you are 16 or older and that you agree to abide by all of the terms and conditions of these terms of service. Minors below the ages 16 may register on our website only with the involvement of a parent or guardian.

Price Changes

We reserve the right to adjust pricing for our service, or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course or credit will be the price at the time you complete your purchase courses/credits (at checkout). Any price/credit offered for a particular course may also be different when you are logged into your account from the price/credit available to users who aren’t registered or logged in, because some of our promotions are available only to new users.

Miscellaneous Legal Terms

These Terms are like any other contract are important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.

Binding Agreement

You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with us. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us. If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future

Governing Law

These terms of service, together with our privacy policy, and any other legal notices published by Discover Early Years on the website, shall constitute the entire agreement between you and Discover Early Years concerning our website. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of these terms of service shall be deemed a further or continuing waiver of such term or any other term, and Discover Early Years‘s failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision. This agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law.

No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account, your account cannot be transferred to another friend or family. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

Limitation of Liability

There are risks inherent to using our Services, for example, if you enrol in an active class, your child may injure themselves. You as a parent fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

Termination

We may terminate your access to the site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. If Discover Early Years terminates your membership because you have breached these terms of service, you may not be entitled to a refund of any unused portion of membership or other fees.

Changes to This Agreement

Discover Early Years reserves the right to amend these terms of service at any time and without notice, and it is your responsibility to review these terms of service for any changes. Your use of the Discover Early Years website, app or facilities, following any amendment of these terms of service will signify your acceptance of its revised terms. We encourage you to review this agreement periodically for changes. If you do not agree to any of this agreement or any changes to this agreement, do not use, access or continue to access the site or discontinue any use of the site immediately.

Arbitration

You and Discover Early Years agree that, except as may otherwise be provided in regard to specific services on the site in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, the site and/or the service (including your visit to or use of the site and/or the service) shall be final and binding arbitration, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

These terms of service shall remain in full force and effect while you use the Discover Early Years services or are a member. You may terminate your membership at any time, for any reason, by following the instructions on the “my account” page or by contacting your local centre directly via phone or email. Discover Early Years Even after membership is terminated, these terms of service will remain in effect.

Contacting Us

If you have any questions about these terms of service, the practices of Discover Early Years or its services, please contact us on [email protected].