General Terms And Conditions
1. WHO WE ARE
1.1 www.breakitkids.com is a website operated by Break it Kids Limited (“we”, “us”, “our”), a
company incorporated and existing in Hong Kong under company number 3110278. We are a
private company limited by shares and have our registered office at 13D Tai Pak Terrace, 36
Sands Street, Kennedy Town, Hong Kong.
1.2 You may contact us via email at breakitkids@gmail.com.
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1 By using our website, you confirm that you accept these general terms and conditions
(“Terms”) and that you agree to comply with them. If you do not agree to these Terms, you
must not use our site.
2.2 We recommend that you print a copy of these Terms for future reference.
3. CHANGES TO THESE TERMS
We amend these Terms from time to time. Every time you wish to use our website, please
check these Terms to ensure you understand the terms that apply at that time.
4. WEBSITE CHANGES, SUSPENSION AND AVAILABILITY
4.1 We may update and change our website from time to time to reflect changes to our digital
content, services and products, our users’ needs and our business priorities.
4.2 We do not guarantee that our website, or any content on it, will always be available or be
uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our
website for business and operational reasons. We will try to give you reasonable notice of any
suspension or withdrawal.
4.3 You are also responsible for ensuring that all persons who access our website through your
internet connection are aware of these Terms and other applicable terms and conditions, and
that they comply with them.
4.4 Our website is directed to people residing in Hong Kong. We do not represent that content
available on or through our website is appropriate for use or available in other locations.
5. VIMEO AND YOUTUBE
5.1 Our website uses plug-ins of the video portals Vimeo and YouTube.
5.2 If you visit one of the pages on our website into which a Vimeo and/or YouTube video has been integrated, a connection to the servers of Vimeo and/or YouTube will be established. As a
consequence, the Vimeo and/or YouTube will receive information as to which of our pages you
have visited. Moreover, Vimeo and/or YouTube will receive your IP address. This will also
happen if you are not logged into Vimeo and/or YouTube, or do not have an account with
Vimeo and/or YouTube. The information recorded by Vimeo and/or YouTube will be transmitted to servers of Vimeo and/or YouTube in the United States of America.
5.3 If you are logged into your Vimeo and/or YouTube account, you enable Vimeo and/or YouTube to directly allocate your browsing patterns to your personal profile. You can prevent this by logging out of your Vimeo and/or YouTube account.
5.4 Vimeo and YouTube use cookies or comparable recognition technologies (e.g. device
fingerprinting) to recognize website visitors.
5.5 The use of Vimeo and/or YouTube is based on our interest in presenting our online content in
an appealing manner. This is a legitimate interest. If a corresponding agreement has been
requested, this can be revoked at any time.
5.6 When a user makes use of or accesses Vimeo and/or YouTube, such use or access is
governed by YouTube’s Terms of Service, the Google Privacy Policy, Vimeo’s Terms of Service
and/or the Vimeo Privacy Policy.
6. TRANSFER OF RIGHTS AND OBLIGATIONS UNDER THESE TERMS
We may transfer our rights and obligations under these Terms to another person, company or
organization. We will always tell you in writing if this happens and we will ensure that the
transfer will not affect your rights under these Terms.
7. KEEPING YOUR ACCOUNT DETAILS SAFE
7.1 If you choose, or you are provided with, a user ID, password or any other piece of information
as part of our security procedures, you must treat such information as confidential and not
disclose it to any third party.
7.2 We have the right to disable any user ID or password, whether chosen by you or allocated by
us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions
of these Terms.
7.3 If you know or suspect that anyone other than you knows your user ID or password, you must
promptly notify us at breakitkids@gmail.com.
8. HOW YOU MAY USE MATERIAL ON OUR WEBSITE
8.1 We are the owners or the licensees of all intellectual property rights in our website, and in the material published on it (including, but not limited to, any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website)(our “Content”).
8.2 Some of our Content and services may be made available by us solely in connection with your agreement to purchase a subscription to such offerings for a set period (“Break it Kids
Subscription Services”). You are not authorized to access any Break it Kids Subscription
Services unless you have opened a subscription account and paid the appropriate fee.
8.3 Our Content is protected by copyright and trademark law in Hong Kong and any other
applicable intellectual property laws and treaties throughout the world.
8.4 You may not use our website or our Content:-
(a)in any way that breaches any applicable local, national or international law or regulation;
(b)in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or
effect;
(c)for the purpose of harming or attempting to harm minors in any way;
(d)for a commercial or promotional purpose;
(e)to bully, insult, intimidate or humiliate any person;
(f)to transmit, or procure the sending of, any unsolicited or unauthorised advertising or
promotional material or any other form of similar solicitation (otherwise known as
“spam”);
(g)to knowingly transmit any data, send or upload any material that contains viruses, Trojan
horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
(h)to upload terrorist content.
8.5 You also may not and agree not to:-
(a)distribute, lease, license, sell, rent, display, or otherwise transfer or assign the Content,
or use it in a way that is not expressly authorized in these Terms or our Digital Subscription Agreement;
(b)make a copy of any Content, or any part thereof, or otherwise make available on a
network for use or download (except as permitted by our Digital Subscription Agreement);
(c)modify or delete any portion of the Content, or any audio-video files made available therein;
(d)use the Content or any parts thereof to promote or endorse any third party causes, ideas,
websites, products or services;
(e)perform, re-broadcast, re-produce, edit, re-transmit, redistribute or in any way repurpose
the Content, or any audio-video files made available therein;
(f)create derivative works of the Content;
(g)remove, disable, circumvent, or modify any proprietary notice or label or security
technology included in the Content;
(h)use the Content or any parts thereof to infringe or violate the rights of any third party,
including but not limited to any intellectual property, publicity or privacy rights;
(i)use, export, or re-export the Content or any parts thereof in violation of any applicable
law or regulation.
(j)bypass, remove, deactivate, descramble or otherwise circumvent any content protection
system, digital rights management technology or other technological measure implemented to protect the Content and the Break it Kids Subscription Services;
(k)delete, obscure, or in any manner alter any attribution, warning, or link that appears in
the Content; and
(l)access without authority, interfere with, damage or disrupt:-
(i)any part of our website;
(ii)any equipment or network on which our website is stored;
(iii)any software used in the provision of our website; or
(iv)any equipment or network or software owned or used by any third party; or
(m)allow third .parties to violate the above restrictions.
8.6 Failure to comply with this clause 8 constitutes a material breach of these Terms, and may result in us taking all or any of the following actions:-
(a)immediate, temporary or permanent withdrawal of your right to use our website;
(b)issue of a warning to you;
(c)legal proceedings against you for reimbursement of all costs on an indemnity basis
(including, but not limited to, reasonable administrative and legal costs) resulting from the
breach;
(d)further legal action against you; and/or
(e)disclosure of such information to law enforcement authorities as we reasonably feel is
necessary or as required by law.
8.7 We exclude our liability for all action we may take in response to breaches of this clause 8. The
actions we may take are not limited to those described above, and we may take any other
action we reasonably deem appropriate.
9. BREAK IT KIDS SUBSCRIPTION SERVICES
Your purchase of Break it Kids Subscription Services will be governed by our Digital
Subscription Agreement (https://breakitkids.com/digital-subscription-agreement)
10. NO TEXT OR DATA MINING, OR WEB SCRAPING
10.1 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in
relation to our website or any services provided via, or in relation to, our website. This includes
using (or permitting, authorising or attempting the use of):
10.2 Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the website or any data, content, information or services accessed via the same.
10.3 Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
10.4 This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
11. DO NOT RELY ON INFORMATION ON THIS SITE
11.1 Our website (including our Content) are provided for general information only. They are not intended to amount to advice on which you should rely. You must obtain professional or
specialist advice before taking, or refraining from, any action on the basis of our website
(including our Content).
11.2 Although we make reasonable efforts to update the information on our website and in our
Content, we make no representations, warranties or guarantees, whether express or implied,
that the content on our website or in our Content is accurate, complete or up to date.
12. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
12.1 Where our website contains links to other websites and resources provided by third parties,
these links are provided for your information only. Such links should not be interpreted as
approval by us of those linked websites or information you may obtain from them.
12.2 We have no control over the contents of those websites or resources.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
13.2 Please note that we only provide our website for domestic and private use. You agree not to
use our website for any commercial or business purposes, and we have no liability to you for
any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 You understand and agree the Content, videos and accompanying materials necessarily
require physical exercise or activity. By voluntarily participating in this fitness program you assume all risk of injury. Without limiting the generality of the foregoing, you understand and
acknowledge that there are risks of physical injury, or even death, associated with any physical activity, including the Break it Kids exercise programme and that, in addition, certain medical conditions may be aggravated or made worse by physical activity (collectively, “Risks”).
13.4 To the fullest extent permitted by law, you assume any and all risk and danger incidental to the use of the videos and any other materials offered by us, including but not limited to, the
foregoing Risks and the way you perceive and utilize the information conveyed in our videos.
13.5 You agree to consult with your physician, before commencing the exercise program shown in our Content, and you agree not to participate in Break it Kids programmes with any medical
condition, including, but not limited to, a history of heart disease, that poses a direct threat to
the health or safety of yourself or others and that we shall not be liable for any injury resulting
from or arising out of, participating in the Break it Kids exercise program or from the Risks.
13.6 Under no circumstances and under no legal theory, tort, contract, strict, liability, or otherwise, shall Break it Kids or any related companies be liable to you or any other person for any indirect, special, incidental, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, or damages resulting from the Content, Services or any parts thereof.
13.7 To the fullest extent permissible by law, you agree to indemnify and hold us and our officers,
employees, agents, representatives, affiliates, subcontractors, members and assigns harmless,
against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations,
losses, settlements, judgements, costs and expenses (including without limitation legal fees
and costs) made or entered into against us that arise out of, relate to or are the result of your
actions, contents and communications related to our Content.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal data as set out in our Privacy Policy and Personal Information
Collection Statement (https://breakitkids.com/privacy-policy)
15. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
15.1 We do not guarantee that our website will be secure or free from bugs or viruses. You are
responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
15.2 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
16. RULES ABOUT LINKING TO OUR WEBSITE
16.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
16.2 You must not establish a link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists.
16.3 You must not establish a link to our website in any website that is not owned by you.
16.4 Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.
16.5 We reserve the right to withdraw linking permission without notice.
16.6 If you wish to link to or make any use of content on our website other than that set out above, please contact us at breakitkids@gmail.com.
17. APPLICABLE LAW AND JURISDICTION
These Terms, their subject matter and their formation (and any non-contractual disputes or
claims) are governed by Hong Kong law. We both agree to the exclusive jurisdiction of the
courts of Hong Kong.
Last updated: 24/05/22