Terms Of Use

Update as of 20.08.2021

Thank you for signing up Kindy App!

Please read these Terms of Use carefully. By using our Kindy apps, you agree that you have read and understood the terms in these Terms of Use which are applicable to you. If you do not agree to the Terms of Use, please do not use or continue using the Application or the Service.

The Kindy App may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on the Application or any other Portal of Kindy App. It is your responsibility to review the Terms of Use regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

Introduction

The Kindy App is wholly owned by LCP BUILDSOFT TECHNOLOGY (M) SDN BHD (Company No. (1321752-V) (hereinafter known as, “we” or “our” or “us”) via various electronic platforms such as mobile application(s) or via its website namely https://lcpbuildsofttechnology.com/or any other platforms designated by us (hereinafter known as the ” Portal“).

Information For Parents

The terms and conditions of these Terms of Use are independent from your agreement (” School’s Agreement“) with your child’s school (” School“). In the event of any conflict between these Terms of Use and the School’s Agreement, the former shall prevail.

When You Register with Us:

To fully access or use the Portal, you are required to register for an account by providing, among others, your name, email address and password. You further confirm that you are above the age of majority and are the parent or legal guardian of the child, or an authorised user assigned by the School.
You may post an image for the use of your online profile. By submitting such image, you represent and warrant that you are authorised to use such image and grant us the non-exclusive and royalty-free right to use the image.
You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the terms and conditions of these Terms of Use, which may result in immediate termination of these Terms of Use.

In registering an account, you shall not:

select or use as an account a name of another person with the intent to impersonate that person;
use as an account a name subject to any rights of a person other than you without appropriate authorization; or
use as an account a name that is otherwise offensive, vulgar or obscene.

We reserve the right to refuse registration of or cancel an account in our sole and absolute discretion.

You shall be responsible for maintaining the confidentiality of your password and your account. You are responsible for all activities that occur under your account. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your account.

Personal Data Protection Act 2010 (“PDPA”)

General Statement

Kindy Apps undertake in its data management policies and practices, to observe the spirit of data protection laws, and is committed to full implementation and compliance with the requirements of the Personal Data Protection Act 2010.

Collection of Personal Data

Kindy Apps generally collects personal data that is relevant to Kindy Apps’s relationship with the individual through the Kindy Apps website, Portal, application forms, surveys, and/or other channels (including in the course of an individual’s interaction with Kindy Apps, including as a participant in various activities associated with delivering the mission of Kindy Apps, its related entities or affiliates).

The types of personal data collected may include, but are not limited to:

Personal information such as name, NRIC/Passport number, date of birth, marital status, gender;
Contact information such as postal addresses, email addresses, telephone and fax numbers;
Past and present employment information such as company name, company type, sector, designation, business telephone and fax numbers;
Past and present academic qualifications such as schools attended, courses of study, period of study and academic results;
Billing information, including name of the credit/debit cardholder, credit/debit card number, security code and expiry date;
Images, including photographs, videos, film or illustrations;
Bank details.

The individual can choose not to provide Kindy Apps with personal data, and has the right to withdraw consent for Kindy Apps to continue collecting, using, disclosing and processing such personal data, by contacting us. However, in such case, it may not be possible for Kindy Apps to fulfil the purposes for which the personal data was required, including processing such individual’s transactions or providing the products or services required.

In the case where the individual provides Kindy Apps with the personal data of persons other than themselves, the individual shall warrant that such other persons have been informed of the purposes for which Kindy Apps is collecting their personal data and that they have consented to the individual’s disclosure for those purposes and accept this Privacy Policy. The individual agrees to indemnify and hold Kindy Apps harmless from and against any and all claims by such persons relating to the collection, use and disclosure of such personal data in accordance with the terms of this Privacy Policy.

If a parent or guardian of a minor has reason to believe that his/her child has provided Kindy Apps with their personal data without prior consent, please contact Kindy Apps to request for erasure of the personal data.

Purposes for which Personal Data is Collected, Used and Disclosed

Kindy Apps will collect, use and disclose personal data only for reasonable purposes connected or relevant to its business, with notification to the individual concerned where applicable, including, but not limited to:

employment-related purposes if any (appointment administration, human resource management including payroll, leave and benefits administration, review and disciplinary matters and staff development);
enrolment-related purposes (registration, planning of curricula, communication with parents, provision of references, meal planning, and provision of healthcare services);
promotional and marketing purposes relating to Kindy Apps and carefully selected third parties (including Kindy apps’s related entities and affiliates, strategic partners and business associates) and their activities and events;
outreach and engagement in support of Kindy Apps, its mission and community, whether conducted by Kindy Apps, its related entities or appointees (including fundraising activities);
compliance with laws and regulations, internal policies and procedures, including audit, accounting, risk management and record keeping; and
all other matters relating to the mission, function or operation of Kindy Apps as Kindy Apps may consider to be necessary or appropriate.

Without the consent of the individual, Kindy Apps will not collect, use, disclose and process the personal data for any purpose other than the purpose for which the personal data was originally collected. In certain situations, Kindy Apps may use the personal data for legitimate purposes, which are not incompatible with the original purposes for which the individual has provided the personal data. If Kindy Apps wishes to use the personal data for a purpose unrelated to what the individual has provided the personal data to Kindy Apps for, Kindy Apps will notify the individual and seek his/her consent.

Where consent has been given by the individual concerned, Kindy Apps may contact that individual concerning the promotion and marketing of matters by post, email, SMS, telephone, fax and any other means of communication. Kindy Apps will not contact an individual for marketing purposes if such individual has not provided his/her consent, or unless Kindy Apps is exempted by applicable law from having to obtain consent. If the individual does not wish to receive any communication or information from Kindy Apps, or wish to restrict the manner by which Kindy Apps may contact or send them information, the individual may contact the Data Protection Officer at the email address provided above.

Kindy Apps may disclose personal data collected for the purposes above, with notification to the individual concerned where applicable, to the following persons including but not limited to:

Any person participating in outreach and engagement activities in support of Kindy Apps, its mission and community, whether conducted by Kindy Apps, its related entities, affiliates or appointees.
Any person to whom Kindy Apps is compelled or required to do so under law or in response to a request by a government agency, or where the public interest or Kindy Apps’s interests so require;
Any third party (1) service or product provider providing services to Kindy Apps or (2) seeking academic references, in each case whether in Malaysia or overseas and as Kindy Apps may determine to be necessary or appropriate.
Any persons as considered by Kindy Apps to be necessary or appropriate in order to support the enrolment and education of students with Kindy Apps as well as for the operation of Kindy Apps.

When disclosing personal data to third parties, Kindy Apps will (where appropriate and permissible) enter into contracts with these third parties to protect the personal data in a manner that is consistent with all applicable laws and/or ensure that such third parties only process the personal data in accordance with Kindy Apps’s instructions.

Accuracy and Duration of Retention of Personal Data

All reasonably practicable steps will be taken to ensure that personal data held by Kindy Apps is accurate, complete and kept up to date, particularly if the personal data is to be used to make a decision that affects the individual to whom the personal data relates or likely to be disclosed by Kindy Apps to another organisation.

Protection of Personal Data

While precautions will be taken to ensure that the personal data provided by the individual is protected against unauthorised or accidental access, collection, use, disclosure, copying, modification, disposal or similar risks, Kindy Apps cannot be held responsible for unauthorised access or unintended access that is beyond its control. Kindy Apps will ensure that clear and robust safeguards are in place to protect personal data, irrespective of the format in which it is recorded.

Kindy Apps does not guarantee that its systems or applications are invulnerable to security breaches, nor does it make any warranty, guarantee, or representation that your use of our systems or applications is safe and protected from viruses, worms, Trojan horses, and other vulnerabilities. Kindy Apps also does not guarantee the security of data that an individual chooses to send electronically. Sending such data is entirely at the individual’s own risk.

Withdrawal of consent

On giving reasonable notice to Kindy Apps, an individual may at any time withdraw any consent given or deemed to have been given.

Within reasonable time from receipt of notice from the individual, Kindy Apps will inform the individual of the likely consequences of withdrawing his/her consent.

Kindy Apps will not prohibit an individual from withdrawing his/her consent to the collection, use or disclosure of personal data about the individual, although this does not affect any legal consequences arising from such withdrawal.

Upon withdrawal of consent, Kindy Apps will cease and cause its data intermediaries and agents to cease collecting, using or disclosing the personal data, as the case may be, unless the collection, use or disclosure of the personal data without the consent of the individual is required or authorised under the Personal Data Protection Act 2010 or any other written law.

Our Data Protection Policy sets out our policy concerning the collection, use and disclosure of your personal data (” Data”) in compliance with the Personal Data Protection Act 2010 (” PDPA”). By using our Portal, you consent to our collection, use and disclosure of your Data in the manner set out in our Data Protection Policy and you warrant that all Data provided by you is accurate. Should you wish to update your Data and/or withdraw your consent to our collection, use and disclosure of your Data, or should you have any feedback or enquiries relating to your Data, please contact our Data Protection Officer at enquiry@kindy.com.my

When Content is Uploaded to Our Portal

You understand that all information, images, pictures, data, text, music, sounds, photographs, graphics, videos, messages, or other materials (” Content“), whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Content originated.

We do not claim any permanent ownership of any Content you upload to our Portal. You retain copyright and any other rights you already hold in Content which you submit, post, upload or display on or through the Portal. When you submit, post, upload or display Content, you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (and sub-licensable) to use, exploit and archive the Content in accordance with or as reasonably contemplated by these Terms of Use.

When you post, submit, or upload Content on the Portal you represent and warrant that:

you own all copyright in the Content, or if you are not the owner, that you have permission to use the Content, and that you have the right to display and reproduce the Content via the Portal. You license us to use and sub-license the Content in accordance with these Terms of Use;
you and your Content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy;
you or your Content, and your use, storage, reproduction and display on the Portal will comply with all applicable local and/or foreign laws, rules and regulations (where applicable);
We also allow the School and other users to upload Content which may feature your child or other children on the Portal. We trust you have no objection in such Content but if you have any objection or issue, please contact us at feedback@kindy.com.my;
your Content does not breach any of these Terms of Use, our Data Protection Policy; and
your Content is not libellous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may appear to impersonate anyone else.

Use of our Portal

You shall not use, allow, or enable others to use the Portal, or knowingly condone use of the Portal by others, in any manner that is, attempts to, or is likely to:

use any proxy internet protocol addresses (IPs) in order to attempt to hide the use of multiple accounts, disrupt any of our services or to avoid being detected;
be libellous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may appear to impersonate anyone else;
affect us adversely or reflect negatively on us, the Portal, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person from using all or any portion, features or functions of the Portal, or from advertising, linking or becoming a supplier to us in connection with the Portal;
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
violate any local and/or foreign laws, regulations, judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person;
gain unauthorized access to the Portal, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Portal or to use the Portal in any manner which violates or is inconsistent with the terms and conditions of these Terms of Use;
modify, disrupt, impair, alter or interfere with the use, features, functions, operations or maintenance of the Portal or the rights or use and enjoyment of the Portal by any other person;
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, in connection with their or your use of the Portal, unless you have obtained the express, prior permission of such other person to do so;
“stalk” or otherwise harass another;
interfere with other user’s posts;
circumvent or manipulate our fee structure, the billing process, or fees owed to us;
post or provide false, inaccurate, misleading, incomplete, defamatory or libelous content;
take any action that may undermine any ratings system that we may use;
transfer your account and user identification to another party without our prior written consent;
copy, modify, or distribute (i) content from any websites or (ii) any of our copyright or trade marks;
harvest or otherwise collect information about users, including email addresses, without their consent;
forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Portal;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any applicable local and/or foreign laws or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

While we prohibit such conduct and content on our Portal, you understand and agree that we cannot be responsible for the content posted on our Portal and you nonetheless may be exposed to such materials and that you use the Portal at your own risk.

We do not manually screen content or control before it is displayed on the Portal so occasionally users may inadvertently or deliberately submit and display content that breaches these Terms of Use. This means that you, and not us, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Portal.

You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances, we will be liable in any way for any content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Portal.

We reserve the right, in our sole and absolute discretion, to reject, edit or refuse to post any content and to remove any content from the Portal, whether or not the content is expressly prohibited by these Terms of Use, or to restrict, suspend, or terminate your access to all or any part of the services at any time, for any or no reason, with or without prior notice, and without liability.

You agree to adhere to our guidelines and if you fail to do so, we reserve our right to suspend or terminate your account. We also reserve our rights to introduce, change or amend our guidelines from time to time.

Dispute with Other Users and the School

If you have a dispute with one or more users or the School, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Our Intellectual Property Rights

You acknowledge that we own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Portal, and that you will not acquire any rights, titles, or interests in or to the Portal except as expressly particularised in these Terms of Use.

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Portal or proprietary information related thereto.

You will not remove, obscure, or alter our copyright notice or other proprietary rights notices affixed to or contained in the Portal.

“Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

Marketing and Notifications

We may send you information containing advertisements and/or promotions of our affiliates and/or partners.

If you have however opted out of such advertisements and/or promotions from our affiliates and/or partners, we may still send you notification(s) relating to on-going activities on the Portal and/or to inform you about new products or services provided by us.

You may unsubscribe by contacting us at feedback@kindy.com.my by using the unsubscribe option in the email updates that we forward to you.

When Can We Suspend or Terminate Your Account?

For Parents

We may suspend or terminate your access to all or any part of the Portal at any time, with or without cause, effective immediately. You may terminate your use of the Portal at any time, provided that all provisions of these Terms of Use, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We will suspend or terminate your access to the site if you are determined to be, in our sole discretion, a repeat infringer of these Terms of Use.

Your access to this Portal is also governed by the relationship between you and the School. In the event that the School instructs us to suspend or terminate your access to this Portal, we will immediately do so.

We also reserve the right to suspend or cancel your account that has been inactive for extended periods of time.

We may, but shall not be obligated to, give you one warning if you have violated these Terms of Use prior to the suspension and/or termination of your account.

For the School

We reserve our rights to suspend or terminate your access to the Services after you stop using our services at any time by giving us One (1) month notice.

We also reserve our rights to suspend or terminate your access to the Services if you have violated these Terms of service , Your use of the Services would cause a real risk of harm or loss to us or other users, or You failed to maintain paid account.

What Happens After Termination?

In the event that these Terms of Use are terminated for whatsoever reasons, the following shall be applicable:

your access to the Portal shall immediately terminate;
you shall continue to comply with all of the obligations on your part under these Terms of Use which are not affected by termination;
we reserve the right to permanently dispose and delete any data held in the Portal without further reference to you; and
any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of these Terms of Use which shall have occurred prior to such termination shall not be affected or prejudiced.

What Happens if there is a Dispute Between Us?

These Terms of Use will be governed by the laws of Malaysia, except where expressly provided for in these Terms of Use, and parties agree that any dispute or claim between you and us will be adjudicated in the courts in Malaysia and the parties submit to its exclusive jurisdiction.

Can We Modify these Terms of Use?

We reserve the right to change our terms and conditions herein from time to time. We may change any or all aspects of services provided by the Portal at any time and without notice. Nothing in these Terms of Use will constrain how we operate our business. You shall be responsible for reviewing and becoming familiar with any such modifications.

General Terms

You agree to indemnify, defend and hold us, our agents, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Portal and/or your breach of any term of these Terms of Use.

This Portal may contain links to third-party web sites (” Third-Party Sites“) and third-party content (” Third-Party Content“) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

If any of these terms and conditions of these Terms of Use is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these Terms of Use will not be affected.

Some of the information herein is provided by the School. You are solely responsible for accessing the information contained on the Portal and any reliance you may place on such information is done solely at your own risk. Your dealings or communications with the School, and any terms, conditions, warranties or representations associated with such dealings are solely between you and the School. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of such information appearing on this Portal.

In our sole discretion, we may assign these Terms of Use.

Headings used in these Terms of Use are for reference purposes only and do not limit the scope or extent of such section.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

We do not represent or warrant that:

access to the Portal or any part of it, will be uninterrupted, reliable and/or fault-free; or
the Portal or any of its contents will be accurate, complete and/or reliable.
We do not guarantee or warrant that the data stored in our server or generated by the Portal will be backed up. You shall be responsible for keeping an independent backup of all data stored or generated. You are also responsible for maintaining accurate data. However, in the event that your records do not correspond with our records, the latter shall prevail.

Contact us

Should you have further enquires feel free to contact us.