SHICHIDA at Home Terms of Use

 Terms and Conditions

Welcome!

Welcome to Shichida at Home. We are looking forward to sharing our world-renowned and established early learning program with you. Our full terms and conditions are set out below, but we have set out our key disclosures below:

  • these Terms will automatically renew on a monthly basis, unless you provide us with 48 hours notice prior to the following Billing Date through your online Account that you wish to terminate these Terms;
  • subject to your Consumer Law Rights, we will not refund any amounts paid by you;
  • subject to your Consumer Law Rights, we exclude our Liability for Force Majeure Events and Consequential Loss; and
  • subject to your Consumer Law Rights, our Liability for the supply of the Services will be limited to, at our discretion the resupply of the Services or the repayment of the Fees paid by you to us in relation to which the Liability relates, and in any event, won’t exceed the amount of the Fees paid by you to us during the Term.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1 Acceptance
1.1 Shichida Australia Pty Ltd ABN 96 805 953 043 (we, us or our), provide the Services which are accessible at https://shichidaathome.com/, and may be available through other addresses and channels (Site).
1.2

These terms and conditions (Terms):

a)        are between us and you, together the Parties and each a Party;

b)       set out the terms and conditions upon which we agree to grant you a right to use the Services; and

c)        are binding on you on and from the date on which you accept these Terms (Effective Date) until the date on which your Account and these Terms are terminated in accordance with the terms (Term).

1.3 You accept these Terms by clicking a box indicating your acceptance, signing up for an Account or by accessing or using our Services.
2 Services and Subscriptions
2.1 When you sign up for the Services, you may choose your Subscription which will continue until you cancel in accordance with these Terms.
2.2 In consideration of payment of the Fees, we will provide the Services in accordance with these Terms.
2.3 Upon successful sign-up to and payment for our Services, you will receive an email containing access to the online portal.
2.4 As stated in the inclusions set out in your Subscription, you may also receive products that are shipped to you at the address in your Account each month. At the start of each billing period, you will receive a tracking code to track the arrival of your package.
2.5 If your package is not collected or you provide the wrong address, extra shipping fees will apply to have it shipped back to you.
2.6 We do not offer the Services to customers living in China, Hong Kong, Singapore, Malaysia, Thailand, Indonesia, Myanmar, Laos, Romania and Cambodia.
2.7 You may choose to upgrade or downgrade or cancel your Subscription through your Account at least 48 hours before the next Billing Date.
2.8 You agree that we may amend the Services (including any features) or the Fees at any time, by providing written notice to you. If you do not agree to any amendment made to the Services or the Fees, you may terminate these Terms in accordance with clause 5.
3 Services and Subscriptions
3.1 You must create an Account on our Site, in order for you and your child to access and use the Services.
3.2 You must be 18 years of age in order to create an Account. Minors must only use the Site under the supervision of an adult.
3.3 You must ensure that any information you provide to us, or we request from you, for your Account, is complete and accurate and you are authorised to provide this information to us.
3.4 It is your responsibility to keep your Account details confidential. You are responsible for all activity on your Account, and for ensuring that any activities on your Account comply with these Terms.
4 Payment
4.1 You must create an Account on our Site, in order for you and your child to access and use the Services.
4.2 You must be 18 years of age in order to create an Account. Minors must only use the Site under the supervision of an adult.
4.3 You must ensure that any information you provide to us, or we request from you, for your Account, is complete and accurate and you are authorised to provide this information to us.
4.4 It is your responsibility to keep your Account details confidential. You are responsible for all activity on your Account, and for ensuring that any activities on your Account comply with these Terms.
4.5 You must ensure your chosen payment method has sufficient funds to pay the Fees. If any payment has not been made or is not successful in accordance with these Terms, we may (at our absolute discretion) immediately cease or suspend the provision of the Services, and recover as a debt due and immediately payable from you, our additional costs of doing so.
4.6 If you rectify such non-payment within a reasonable time after the Services have been suspended, then we will recommence the provision of the Services as soon as reasonably practicable.
4.7 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
4.8 The Fees are non-refundable. To the maximum extent permitted by law, there will be no refunds or credits for any unused Licence (or part thereof).
5 Termination
5.1

We may suspend the Services with notice to you if:

(a) we reasonably consider that your continued use of the Services may result in harm to the Services, other customers or third parties; or

(b) we reasonably consider that you are in breach of any Laws or these Terms.

5.2 You may terminate these Terms at any time using the functionality in your Account. You must terminate at least 48 hours before the next Billing Date in order for the termination to take effect that month. If you terminate within 48 hours of the next Billing Date, your cancellation will apply to the following billing period.
5.3

These Terms will terminate immediately upon written notice by:
(c) us:
(1) if you breach any provision of these Terms and that breach has not been remedied within 10 Business Days of being notified by us;
(2) for any other reason outside our control which has the effect of compromising our ability to provide the Services; or
(3) if you are unable to pay your debts as they fall due; and

(d) you, if we:
(1) are in breach of a material term of these Terms, and that breach has not been remedied within 10 Business Days of being notified by you; or
(2) are unable to pay our debts as they fall due.

5.4

Upon expiry or termination of these Terms:

(a) you will have access to the Services until the end of the current billing period, unless these Terms are terminated due to your breach of clause 7.2(a), in which case your access to the Services may be terminated immediately.

(b) we will be entitled to permanently delete all your data within 1 month from expiry or termination of these Terms; and

(c) you agree that any payments made are not refundable.

5.5

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

5.6

This clause 5 will survive the termination or expiry of these Terms.

6 Intellectual Property
6.1

You agree that all intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Supplementary Materials) (Our Intellectual Property) will at all times vest, or remain vested, in us.

6.2 We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used. By non-commercial use we mean that you can’t sell, license, rent, reproduce, use in your own business or website, incorporate into classroom materials or presentations, or make other commercial use of Our Intellectual Property.
6.3

We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site or to us via email. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).

6.4

If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. You may request that any of your User Content is removed from the Site or social media by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.

6.5 This clause 6 will survive the termination or expiry of these Terms.
7 Licence
7.1 Licence to the online content: Subject to the payment of any applicable Fees and your compliance with these Terms, we grant you a licence to access and use the Services for the Term, for your personal use and enjoyment of the Services, as contemplated by these Terms (Licence). You acknowledge that this Licence is non-transferable, for your own personal and not for any commercial purpose, is revocable, and cannot be sub-licensed to anyone.
7.2 Licence to the Supplementary Materials: Subject to the payment of the Fees, and based on the Subscription plan you have chosen, we may provide you with toys and/or educational workbooks (Supplementary Materials). We grant you a perpetual, non-exclusive, non-transferable and non-sublicensable right to the Intellectual Property Rights contained in the Supplementary Materials. You are not entitled to transmit, share, copy, sell, reproduce, distribute, publish, or create derivative works from the Supplementary Materials.
7.3 For each subscription you purchase from us, you will receive 1 Licence to the online content. For each Licence, you are permitted to use the Services for a single user on one device at a time.
7.4 You must not access or use the Services except as permitted by the Licence and you must not (and must not permit any other person to) use the Services in any way which is in breach of any applicable Laws or which infringes any person’s rights, including Intellectual Property Rights, including to; use the Services to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted, introduce malicious programs into our hardware and software or systems, including viruses, ransomware, malware, trojan horses and e-mail bombs, reveal or allow others access to your Account’s password or authentication details or allow others to use your Account or authentication details, use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Services or circumvent user authentication or security of any of our Services, networks, accounts or hosts or those of our other users.
8 Privacy and Communication
8.1 We agree to handle any Personal Information you provide to us, solely for the purpose of performing our obligations under these Terms and in accordance with any applicable Laws.
8.2 We may also send marketing and promotional material which may be of interest to you, using your contact details. You may opt out of receiving direct marketing messages at any time. Where you opt-out we will continue to send you functional communications relevant to your use of the Services.
9 Warranties
9.1

You warrant and agree that:

(a) all information and documentation that you provide to us in connection with these Terms is true, correct and complete and that we will rely on such information and documentation in order to provide the Services;

(b) you will supervise your child when they are using the Services;

(c) you have not relied on any representations or warranties made by us in relation to the Services (including as to whether the Services are or will be fit or suitable for your particular purposes). You acknowledge that we cannot guarantee any particular result from the use of our Services.

(d) the Services are provided to you solely for you and your child’s benefit and you will not (or you will not attempt to) disclose, or provide access to, our Services to third parties without prior written consent; and

(e) you have reviewed these Terms, including our Privacy Policy, and you understand them and will use the Services in accordance with them.

10 Australian Consumer Law
10.1

You warrant and agree that:

(a) all information and documentation that you provide to us in connection with these Terms is true, correct and complete and that we will rely on such information and documentation in order to provide the Services;

(b) you will supervise your child when they are using the Services;

(c) you have not relied on any representations or warranties made by us in relation to the Services (including as to whether the Services are or will be fit or suitable for your particular purposes). You acknowledge that we cannot guarantee any particular result from the use of our Services.

(d) the Services are provided to you solely for you and your child’s benefit and you will not (or you will not attempt to) disclose, or provide access to, our Services to third parties without prior written consent; and

(e) you have reviewed these Terms, including our Privacy Policy, and you understand them and will use the Services in accordance with them.

10.2

Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

10.3

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

10.4

Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

10.5

Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Fees relating to the relevant product. Please contact us for further information.

10.6

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or any other basis.

10.7

This clause 10 will survive termination or expiry of these Terms.

 

11 Third Party Inputs
11.1

You agree that the provision of the Services may be contingent on, or impacted by, Third Party Inputs.

 

12 Limitations on Liability
12.1 Despite anything to the contrary and to the maximum extent permitted by law:
(a) we will not be liable for any Consequential Loss;
(b) our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by your acts or omissions; and
(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Services to you or, in our sole discretion, to us repaying you the amount of the Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates.
12.2 This clause 12 will survive termination or expiry of these Terms.
13 Exclusions to Liability
13.1

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability, caused or contributed to by, arising from or connected with:

(a) any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic;

(b) delay in providing the Services; or

(c) loss of, or damage to, the products, or any injury or loss to any person;
where caused or contributed to by any event or circumstance beyond our reasonable control; or your act or omission.

13.2 This clause 13 will survive termination or expiry of these Terms.
14 General
14.1 Access: The Services may be accessed in Australia and overseas. We make no representation that the Services comply with the Laws (including Intellectual Property Laws) of any country outside of Australia. If you access the Services from outside Australia, you do so at your own risk and you are responsible for complying with the Laws in the place you access the Services.
14.2 Amendment: We may update these Terms at any time. Where we update these Terms we will notify you via an in-Account notification or via email. If you do not agree with any amendment you may terminate these Terms in accordance with clause 13.1.
14.3 Dispute: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
14.4 Entire agreement: These Terms contain the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
14.5 Governing law: These Terms are governed by the laws of Victoria, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
14.6 Notices: Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 3 Business Days in the case of post, or at the time of transmission in the case of transmission by email.
14.7 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
15 Definitions

In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in these Terms, and:

Account means an account accessible to you to use the Services;

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time;

Business Day means a day on which banks are open for general bank business in Victoria, excluding Saturdays, Sundays and public holidays;

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise;

Fee or Fees means the fees for the Services, as set out in your Subscription;

Intellectual Property means any copyright, registered and unregistered trade marks, designs (whether or not registered or registrable), domain names, know-how, inventions, processes, trade secrets or Confidential Information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing;

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property;

Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant Party in connection with these Terms or the provision of the Services, and includes the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth);

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise;

Licence is defined in 7.1;

Personal Information is defined in the Privacy Act 1988 (Cth) and also includes any similar term as defined in any other privacy law applicable to you;

Privacy Policy means any privacy policy set out on our Site;

Services means access to the Shichida at Home online program, and any additional inclusions outlined in the Plan, including workbook and educational materials, and any technical support services requested throughout the Term;

Subscription means the subscription you choose, including the Fees, features, as set out on the Site and post-purchase, as set out within your Account; and

Third Party Inputs means third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Services may be contingent on, or impacted by.

For any questions and notices, please contact us at:

Shichida Australia Pty Ltd (ABN 96 805 953 043)

Email: [email protected]

Last update: 20 October 2021