Terms of Service
This website is operated by The aKINDemy Group FZE LLC (aKINDemy). Throughout the site, the terms “we”, “us” and “our” refer to aKINDemy. aKINDemy offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or subscribing to our services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Current features offered by aKINDemy include membership options for the duration of one (1), six (6) or twelve (12) months. aKINDemy subscription fees cover curation, research for product recommendations, processing fees, our team’s hard work at the warehouse as well as free delivery to you and to your friend. When you subscribe to aKINDemy you will receive book and other product recommendations each month.
Our unique membership model allows you to review these product recommendations and choose/ confirm items you want to receive before the full box is sent to you each month. You get 3 days to make any changes to your recommended box before it’s sent out to you. You agree that not making changes to the list of recommended products within the given item selection period (3 days) constitutes your acceptance of our offer to receive all items in the box, and aKINDemy will charge your Account for those books and other items any time after the expiry of the product selection period (never more than AED 300).
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services/ products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
We have made every effort to display and describe as accurately as possible the colors and images and contents of our products that appear in our monthly product recommendations. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
ACCOUNT CREATION AND SUBSCRIPTION REGISTRATION
In order to start using the aKINDemy subscription Services for monthly themed boxes, you must create an aKINDemy account (“Account”) on our Website. To create an Account, simply enter a valid email address or link to a valid Facebook or Google account. For us to successfully provide you the Service, you must create and maintain an Account and additionally provide us with:
• a United Arab Emirates shipping address
• a valid mobile phone number
• a valid credit card number (your "Credit Card") and billing information, which the individual creating the Account has the right to use (collectively, and together with any other information you may provide us in creating your Account, "Account Information").
As a registered user, you acknowledge and agree that we may use such information to communicate with you about the Service. We may also send you special offers and commercial email messages which you may opt out of by emailing us at firstname.lastname@example.org.
SUBSCRIPTION PACKAGES AND MONTHLY BOXES – SHIPMENTS AND RETURNS
All subscribed aKINDemy members will receive book and other product recommendations each month. Our unique membership model allows members to review these product recommendations and choose/ confirm items they want to receive before the full box is sent to them each month. You will get 3 days to make any changes to your recommended box before it’s sent out to you each month. You agree that not making changes to the list of recommended products within the given item selection period (3 days) constitutes your acceptance of our offer to receive all items in the box, and aKINDemy will charge your Account for those books and other items any time after the expiry of the product selection/ confirmation period (never more than AED 300).
By subscribing to aKINDemy services, you authorise us to charge you for the Subscription Package, as applicable, all costs associated with your chosen products and all fees related to shipping. These Terms of Service will govern any shipment. Each monthly box’s contents will never exceed AED 300.
We process all our payments via our third party payment provider Stripe. We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant aKINDemy the right to store and process your information with the third party payment service, which may change from time to time; you agree that aKINDemy will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current version of which is available at https://stripe.com/us/legal/. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
SERVICE FE AND PAYMENT
When you subscribe to aKINDemy by choosing one of the available subscription packages (monthly, six (6) months or twelve (12) months), we will charge you a non-refundable subscription fee ("Service Fee") in the amount set forth on the Website. The Service Fee will be charged to your credit card or other payment method as soon as you confirm your subscription.
If you subscribe before the 10th day of each month, you will be receiving product recommendations for that current month. If you subscribe to our services after the 10th day of the month you will be added to the upcoming month’s product recommendations which will be sent to you on the 21st of the current month. Your monthly subscription box will then reach you on the 1st of the upcoming month.
Within three (3) days of receiving monthly product recommendations, you must make a selection and/or confirm the items you want to receive in your monthly box. You grant us permission to charge your saved payment method in your Account for all the recommended products of the month if no action is taken within three (3) days of receiving monthly product recommendations. The Service/Subscription Fee will NOT be credited towards the purchase price of the recommended books and other items. The Service/Subscription Fee will NOT be refunded if you choose not to receive any books or other items for a particular month. By submitting your payment information to us, you authorize us to charge your credit card or other payment method available in accordance with this policy. If you do not cancel before your subscription’s renewal date (which may be found in your Account’s subscription management page), we will assume you are requesting to continue your subscription, and therefore, you agree to the Service/ Subscription Fee being charged to the card on file on a recurring basis until you cancel the subscription by (1) clicking the "Account" link on your homepage when you log in, and then clicking the "Cancel Subscription" link and following the prompts and options that follow or (2) by emailing us at email@example.com and requesting to cancel your membership and therefore monthly product recommendations. You confirm that you will not use any credit card or other form of payment unless you have all necessary authorisation to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card or other means of payment to make orders on the Services; however you may report any unauthorised use to us, and we will use reasonable measures within our control to help prevent future unauthorised use of your credit card or other payment method.
The Service/ Subscription Fee, and fees for monthly subscription boxes are payable in full before product recommendations are sent and monthly boxes are delivered. We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover (please check Stripe, our third party payment provider, for an updated list). The Service/ Subscription Fee is non-refundable, even if you choose not to receive your final monthly subscription box.
For your convenience and benefits as a member, in the event your payment method reaches its expiration date, and you do not edit your credit card information, you authorise us to continue billing that credit card on file. This includes extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership, if applicable, should you wish to discontinue paying the recurring Service/ Subscription Fee, receiving product recommendations for consideration of purchase and your monthly boxes.
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant aKINDemy the right to store and process your information with the third party payment service, which may change from time to time; you agree that aKINDemy will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service; the current version of which is available at https://stripe.com/us/legal/. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
BOOKS, ACTIVITIES, GAMES AND OTHER RELATED PRODUCTS AND PRICING
Books and other items come with a standard price from the Publisher/ Supplier. Monthly recommended books and other related items are priced according to aKINDemy subscription pricing, a price set by aKINDemy, considering import fees, local taxes and other expenses. aKINDemy is not responsible for matching any price with other retailers or sellers of the same items. All product prices will be listed with monthly product recommendations and will be included in the invoice sent to customers with the delivery each month.
You are responsible for the payment of any Service/ Subscription Fees, books and other products fees and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes.
You may cancel your automatic subscription renewal, if applicable, through the account page on the Website. You must update your account on the Website before your subscription’s renewal date (which may be found in your Account’s subscription management page) in order to avoid paying the recurring Service/ Subscription Fee and receiving product recommendations and boxes on the month, as applicable.
If you purchase a subscription, your subscription will continue until you cancel and, if you do not cancel your subscription before your subscription’s renewal date, your subscription will automatically renew for a new subscription period of the same amount of time.
We may terminate your subscription, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful to our business interests, or for an inactive account.
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).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall aKINDemy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless aKINDemy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.