Terms of Use

Introduction and Overview

Please read these Terms and Conditions carefully before using the KidsClub platform. These Terms and Conditions (“Terms”), together with the KidsClub Privacy Policy and Cookie Policy, govern your access to and use of the KidsClub online marketplace at KidsClub.hk (the “Platform”). By accessing, registering on, or using the Platform in any capacity, you agree to be bound by these Terms in their entirety. If you do not agree, you must not use the Platform.

KidsClub is an online technology marketplace that connects Parents with independent third-party Activity Providers in Hong Kong. KidsClub operates exclusively as a discovery, booking facilitation and payment routing platform. KidsClub does not itself provide, supervise, operate, manage, verify, or endorse any Activity or Activity Provider. All Activities are independently planned and delivered by third-party Providers who are solely responsible for their content, safety, delivery, staffing, and legal compliance. KidsClub is not a childcare provider, education provider, activity operator, or guarantor of any Activity.

These Terms apply to two categories of Users:

1. 1. (a) Parents — adults who use the Platform to search for and book Activities for Children; and
   2. (b) Providers — independent businesses and individuals who register on the Platform to list and offer Activities. Both categories of User will find sections applicable specifically to them identified throughout these Terms.

These Terms are governed by the laws of the Hong Kong Special Administrative Region. If you have any questions about these Terms, please contact us before using the Platform at the contact details set out in Section 25.9.

1. Definitions and Interpretation

1.1 In these Terms, the following words and expressions shall have the meanings set out below unless the context otherwise requires:

• “Activity” means any class, camp, workshop, lesson, session, course, event, or other children’s activity listed by a Provider on the Platform, whether in-person or delivered in any other format.
• “Activity Contract” means the contract for the provision of an Activity formed directly and exclusively between a Parent and a Provider upon a successful Booking, to which KidsClub is not a party.
• “Booking” means a completed reservation and payment transaction executed by a Parent through the Platform’s checkout interface in respect of an Activity offered by a Provider.
• “Booking Confirmation” means the automated notification issued by the Platform to the Parent and Provider confirming that a Booking has been successfully completed.
• “Cap. 71” means the Control of Exemption Clauses Ordinance (Cap. 71, Laws of Hong Kong), as amended or re-enacted from time to time.
• “Cap. 650” means the Mandatory Reporting of Child Abuse Ordinance (Cap. 650, Laws of Hong Kong), which came into effect on 20 January 2026.
• “Child” or “Children” means any person or persons under the age of eighteen (18) years in respect of whom a Parent makes or seeks to make a Booking on the Platform.
• “Commission” means the non-refundable platform service fee retained by KidsClub from each Booking, at a rate of five per cent (5%) of the Total Activity Fee, as further described in Section 9.
• “Content” means any text, descriptions, photographs, images, videos, pricing information, schedules, terms, or other material submitted, uploaded, or published on the Platform by any Provider or User.
• “KidsClub”, “we”, “us”, or “our” means the legal entity operating the Platform at KidsClub.hk.
• “Listing” means a Provider’s published profile and Activity description page(s) on the Platform.
• “PDPO” means the Personal Data (Privacy) Ordinance (Cap. 486, Laws of Hong Kong), as amended from time to time.
• “Parent” means any natural person aged eighteen (18) years or older who accesses or uses the Platform to search for, book, or pay for Activities for a Child, and includes any lawful guardian or person with parental responsibility acting in that capacity.
• “Platform” means the KidsClub online marketplace operated at KidsClub.hk, together with all associated booking interfaces, payment flows, listing pages, and digital communications infrastructure operated by or on behalf of KidsClub.
• “Provider” means any independent third-party business, organisation, or individual who registers on the Platform to list and offer Activities to Parents.
• “Provider Terms” means any terms and conditions, refund policy, cancellation policy, activity-specific rules, or other terms uploaded or published by a Provider in connection with a Listing.
• “SCRC” means a Sexual Conviction Record Check issued or recognised under applicable Hong Kong law or regulatory guidance.
• “Stripe” means Stripe, Inc. and its affiliates, including Stripe Payments Hong Kong Limited, which provides payment processing, connected account onboarding, and related financial infrastructure services to the Platform.
• “Terms” means these Master Marketplace Terms and Conditions, as amended from time to time in accordance with Section 25.7.
• “Total Activity Fee” means the total amount payable by a Parent for a Booking, as published in the relevant Listing at the time of booking.
• “User” means any Parent or Provider who accesses or uses the Platform in any capacity.

1.2 In these Terms:

1. (a) references to “including” or “include” shall be construed as illustrative and not as words of limitation;
2. (b) headings are inserted for convenience only and shall not affect interpretation;
3. (c) references to any legislation include all amendments, re-enactments, and subordinate legislation made thereunder;
4. (d) the singular includes the plural and vice versa;
5. (e) references to a “person” include natural persons, corporate bodies, and unincorporated associations.

2. Nature of the Platform and KidsClub’s Role

2.1 KidsClub operates an online technology marketplace that enables Parents to discover and book Children’s Activities offered by independent third-party Providers. KidsClub’s role is strictly limited to offering a directory, providing booking facilitation, payment routing, listing infrastructure, and related marketplace services. KidsClub does not itself provide, supervise, manage, or endorse any Activity.

2.2 KidsClub is not a childcare provider, activity provider, education provider, event organiser, recreation centre, or operator of any Activity. KidsClub does not employ, engage, direct, or act as principal, agent, partner, or employer of any Provider or any of a Provider’s personnel, staff, contractors, coaches, instructors, or teachers. KidsClub is not a party to any Activity Contract.

2.3 Each Provider on the Platform is an independent business operating entirely independently of KidsClub. Each Provider is solely and entirely responsible for the content, design, delivery, quality, safety, supervision, staffing, premises, equipment, insurance, refund obligations, and legal compliance of its Activities in all respects.

2.4 The Platform operates as a passive directory. Listings are created, submitted, and maintained exclusively by Providers. KidsClub does not independently verify, audit, inspect, certify, approve, endorse, or monitor any Provider, Listing, Activity, credential, qualification, licence, insurance policy, background check, safeguarding arrangement, premise, equipment, or any other aspect of any Provider’s business or Activities, unless expressly confirmed in writing by KidsClub.

2.5 No act or omission by KidsClub in connection with the Platform, including the act of hosting a Listing, shall be construed or relied upon as a representation, endorsement, warranty, certification, or guarantee by KidsClub as to the suitability, safety, quality, fitness, credentials, reputation, or legal compliance of any Provider, Provider’s personnel, or Activity.

2.6 Parents are encouraged to conduct their own independent enquiries, assessments, and due diligence in respect of any Provider and Activity before completing a Booking.

3. Acceptance of These Terms

3.1 By accessing, browsing, registering on, or using the Platform in any capacity, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety, together with KidsClub’s Privacy Policy and Cookie Policy, each of which is incorporated herein by reference and forms part of the agreement between you and KidsClub.

3.2 If you are using the Platform as a Provider, you additionally agree to be bound by all Provider-specific obligations set out in Sections 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 20, and 22 of these Terms.

3.3 If you do not agree to these Terms in their entirety, you must not access, register on, or use the Platform.

3.4 KidsClub reserves the right to amend, update, or replace these Terms at any time at its absolute discretion. Any amendment will be posted on the Platform with a revised last updated date and, where material, KidsClub will provide reasonable advance notice. Your continued use of the Platform following the effective date of any amendment constitutes your acceptance of the amended Terms. If you do not accept an amendment, you must discontinue your use of the Platform.

4. Eligibility and Account Registration

4.1 To register an account on the Platform, whether as a Parent or a Provider, you must be at least eighteen (18) years of age and have full legal capacity to enter into a binding contract under the laws of Hong Kong.

4.2 Parents who register to use the Platform to book Activities represent and warrant that they are the natural parent, legal guardian, or otherwise hold lawful parental responsibility in respect of any Child for whom a Booking is made, or that they hold the written authority of a person with such parental responsibility to make the relevant Booking and share the relevant Child’s information.

4.3 All information provided by you during account registration, and at any time thereafter, must be accurate, complete, and kept current. You must promptly notify KidsClub of any material change to your registered information by contacting KidsClub at the address set out in Section 25.9.

4.4 You are responsible for maintaining the security and confidentiality of your account login credentials. You must not share your account credentials with any third party, nor permit any other person to access or use the Platform through your account. You are fully responsible and liable for all activity conducted through your account, whether or not authorised by you.

4.5 If you become aware of any unauthorised access to or use of your account, you must notify KidsClub immediately.

4.6 KidsClub reserves the right, at its absolute discretion, to refuse, suspend, restrict, or terminate any account registration without prior notice or liability, including where KidsClub has reason to believe that the information provided is inaccurate, that the account has been used in breach of these Terms, that the User poses a safety risk, or that continued access is otherwise inappropriate.

5. Parent Terms

5.1 By completing a Booking, a Parent confirms that they have read and understood the relevant Listing, including any Provider Terms made available in connection with the Activity, and that they accept those Provider Terms on behalf of themselves and, where applicable, the Child.

5.2 The Activity Contract is formed directly between the Parent and the Provider upon issuance of a Booking Confirmation. KidsClub is not a party to the Activity Contract and assumes no obligation, liability, or responsibility under it or in respect of its performance or non-performance by either party.

5.3 Parents are solely responsible for independently assessing the suitability, safety, and appropriateness of each Activity and each Provider for their Child, taking into account the Child’s age, physical capability, health status, medical conditions, allergies, dietary requirements, and any other relevant personal circumstances.

5.4 Parents must not provide false, incomplete, misleading, or outdated information about a Child, including in relation to the Child’s identity, age, health conditions, allergies, medications, or special requirements. The accuracy of all information provided about a Child is the Parent’s sole responsibility.

5.5 Parents acknowledge that Activities listed on the Platform are physically delivered by independent third-party Providers, and that KidsClub exercises no oversight, control, supervision, or management over the manner in which any Activity is conducted, the personnel involved, the venues or premises used, or the safety standards applied.

5.6 All communications, disputes, enquiries, refund requests, and complaints relating to the content, delivery, quality, cancellation, or any other aspect of an Activity must be directed by the Parent to the relevant Provider. KidsClub does not provide mediation, adjudication, or dispute resolution services in respect of the Activity Contract or the conduct of any Activity.

5.7 KidsClub’s contact channels are available to report safety concerns, platform-level complaints, or matters relating to KidsClub’s own conduct as a marketplace operator, as set out in Section 25.9. Such contact does not constitute or create any obligation on KidsClub to investigate or resolve Activity-level disputes between Parents and Providers.

6. Provider Terms

6.1 By registering on the Platform as a Provider and publishing or maintaining a Listing, you represent, warrant, and covenant to KidsClub and to all Users that:

1. (a) you are a legally established and validly existing business entity, sole trader, or individual authorised to provide the Activities listed in Hong Kong;
2. (b) you will at all times comply with all applicable Hong Kong laws, ordinances, regulations, licensing requirements, codes of practice, and regulatory guidance in connection with your Activities, your personnel, your premises, and your use of the Platform;
3. (c) all information submitted in connection with your Listing and account registration is and will remain accurate, complete, current, and not misleading;
4. (d) you have read, understood, and agree to be bound by these Terms in their entirety, including all Provider-specific obligations;
5. (e) you are at least eighteen (18) years of age and have full legal capacity to enter into a binding contract.

6.2 Providers are solely and independently responsible for all of the following:

1. (a) the content, quality, delivery, safety, suitability, and legal compliance of their Activities in all respects;
2. (b) all personnel, contractors, agents, instructors, coaches, teachers, volunteers, and other individuals involved in the planning or delivery of Activities;
3. (c) all premises, venues, facilities, and equipment used in the delivery of Activities, including their safety, suitability, and compliance with applicable legal standards;
4. (d) all required licences, permits, authorisations, registrations, and qualifications necessary to carry on the Provider’s activities lawfully;
5. (e) all child protection, safeguarding, and welfare obligations, including without limitation all obligations arising under Cap. 650 and any applicable guidance from the Social Welfare Department of Hong Kong;
6. (f) all consumer obligations arising from the Activity Contract, including refunds, cancellations, chargebacks, and responses to parent complaints;
7. (g) all tax, duty, and reporting obligations arising in connection with income received through the Platform, including profits tax and business registration obligations under Hong Kong law.

6.3 Providers may upload their own Provider Terms through the designated field in the Provider registration interface. Where Provider Terms are uploaded, those terms govern the Activity Contract between the Provider and the Parent in respect of the relevant Activity. KidsClub does not review, approve, or accept any responsibility for the content, accuracy, fairness, legality, or enforceability of any Provider Terms.

6.4 Providers must not make any representation, whether on the Platform, in any marketing material, or otherwise, that suggests or implies that KidsClub has verified, endorsed, certified, approved, recommended, vetted, guaranteed, or assumed responsibility for their credentials, Activities, personnel, or suitability.

6.5 Providers must promptly remove or update any Listing information that becomes inaccurate, outdated, or misleading, and must promptly notify KidsClub if any of the warranties or representations in Section 14 of these Terms become inaccurate or can no longer be sustained.

7. Activity Listings and Content

7.1 Providers are solely responsible for creating, maintaining, and promptly updating their Listings. KidsClub is under no obligation to review, verify, edit, approve, or endorse any Listing or Content, and the presence of a Listing on the Platform does not constitute any form of KidsClub endorsement or approval.

7.2 All Listing Content must be accurate, complete, and not misleading at all times. Providers must promptly update Listings to reflect any change in Activity details, pricing, scheduling, personnel, venue, or any other material information.

7.3 Listing Content must not:

1. (a) be false, misleading, inaccurate, or likely to create a false impression in the mind of a reasonable Parent;
2. (b) infringe any copyright, trade mark, design right, database right, privacy right, or any other intellectual property or personal right of any third party;
3. (c) include any photograph, image, or video in which a Child is identifiable without the explicit, documented prior consent of that Child’s parent or legal guardian;
4. (d) violate any applicable Hong Kong law, ordinance, regulation, or code of practice, including any law relating to advertising, consumer protection, or data privacy;
5. (e) contain obscene, offensive, defamatory, discriminatory, harmful, or otherwise inappropriate material;
6. (f) include or imply any representation that KidsClub has verified, screened, endorsed, or approved the Provider, its personnel, its credentials, or its Activities.

7.4 Providers warrant that they own or hold all necessary rights and licences in respect of all Content uploaded to the Platform, including all photographs, logos, text descriptions, activity plans, and any third-party material incorporated therein.

7.5 KidsClub reserves the right, without prior notice and without any liability to the Provider, to remove, disable, edit, or decline to publish any Listing or Content that KidsClub determines in its absolute discretion to be in breach of these Terms, inappropriate, unsafe, or otherwise contrary to the interests of the Platform or its Users.

7.6 By publishing a Listing, each Provider grants KidsClub a non-exclusive, royalty-free, worldwide, sub-licensable license to use, store, display, reproduce, adapt, and distribute the Listing Content for the purposes of operating, promoting, developing, and improving the Platform, for the duration of the Provider’s account being active on the Platform.

7.7 Mandatory independence disclaimer. As a condition of listing, each Provider must ensure that every Activity Listing page prominently displays, and the Platform may display on each Listing, a clear statement to the following effect: “This activity is independently operated by [Provider Name]. [Provider Name] is an independent business and is not an employee, agent, or representative of KidsClub.” This disclaimer is intended to make clear to Parents that the contractual and operational relationship in respect of each Activity is between the Parent and the relevant Provider, and that the Provider does not act as an agent of KidsClub. The presence, unified branding, checkout flow, or booking confirmation infrastructure of the Platform shall not be construed as creating any agency, partnership, employment, or ostensible authority relationship between KidsClub and any Provider.

7.8 Obscene and indecent material. Providers must not upload, publish, or transmit through the Platform any material that is obscene, indecent, or otherwise objectionable within the meaning of the Control of Obscene and Indecent Articles Ordinance (Cap. 390, Laws of Hong Kong) or any other applicable law. Providers warrant that all Content they upload complies with Cap. 390 and all applicable content standards. KidsClub does not pre-screen Listing Content and relies on this Provider warranty. Where KidsClub becomes aware, whether through a report under Section 21 or otherwise, of any Content that may be obscene, indecent, or objectionable, KidsClub will act promptly to remove or disable access to that Content. KidsClub reserves the right to remove any such Content and to suspend or terminate the responsible Provider without prior notice and without liability. Any report concerning obscene or indecent Content may be submitted through the notice and takedown channels described in Section 21.

8. The Booking Process

8.1 A Booking is initiated when a Parent selects an Activity from a Listing and completes the payment checkout process through the Platform’s Stripe-powered payment interface. The Booking is completed, and a binding Activity Contract is formed between the Parent and the Provider, upon KidsClub issuing a Booking Confirmation to both parties.

8.2 KidsClub’s role in the booking process is limited to: (a) providing the technical booking interface; (b) routing the payment through Stripe Connect; (c) deducting the Commission; (d) transmitting the net amount to the Provider’s Stripe account; and (e) issuing the Booking Confirmation as a technical and administrative function. KidsClub does not assume any obligation of performance, service delivery, or care towards the Parent or Child under the Activity Contract.

8.3 KidsClub is not a contracting party to the Activity Contract. All rights and obligations in respect of the Activity, including the obligation to deliver the Activity as described, rest solely with the Provider.

8.4 Providers are responsible for maintaining the accuracy of their Listing, including availability, capacity, pricing, and scheduling information. KidsClub does not guarantee the availability of any Activity, the accuracy of any Listing at the time of booking, or the fulfilment of any Booking by the Provider.

8.5 Where a Booking cannot be completed due to a technical error, payment failure, or Stripe processing issue, no Activity Contract is formed and no Commission will be earned by KidsClub in respect of that transaction.

9. Platform Commission and Fee Structure

9.1 In consideration of KidsClub providing Providers with access to the Platform and its associated services, including listing infrastructure, marketplace audience, booking facilitation, payment routing, Booking Confirmation issuance, and customer-facing support infrastructure, KidsClub retains a platform service commission of five per cent (5%) of the Total Activity Fee (the “Commission”) on each completed Booking.

9.2 The Commission is earned by KidsClub at the moment a Booking is successfully completed and a Booking Confirmation is issued. The Commission constitutes payment for KidsClub’s platform services, which are fully performed at the point of booking.

9.3 The Commission is non-refundable by KidsClub in all circumstances whatsoever, including but not limited to:

1. (a) cancellation of an Activity by the Provider for any reason;
2. (b) cancellation of a Booking by the Parent for any reason;
3. (c) non-attendance of a Parent or Child at an Activity;
4. (d) the Provider’s failure, delay, or inability to deliver an Activity as described;
5. (e) any refund issued by the Provider to a Parent;
6. (f) any chargeback, payment dispute, or reversal initiated in respect of the Total Activity Fee;
7. (g) any complaint, dissatisfaction, or dispute arising between a Parent and a Provider in connection with the Activity.

9.4 Providers acknowledge and accept that the Commission represents the price of access to KidsClub’s marketplace platform, which is provided at the point of booking and cannot be reversed or withdrawn regardless of subsequent events.

9.5 KidsClub reserves the right to amend its Commission rate by providing not less than thirty (30) days’ written notice to all active Providers. Any amended rate shall apply to Bookings completed on or after the effective date of the amended rate.

10. Payment Processing and Stripe Connect Express

10.1 All payments on the Platform are processed through Stripe Connect Express, a payment processing service provided by Stripe. By using the Platform, all Users acknowledge and agree to be bound by Stripe’s applicable terms of service, as published by Stripe from time to time at stripe.com.

10.2 Each Provider must complete Stripe’s account onboarding and verification process, including all identity verification, business registration, bank account, and know-your-customer (KYC) requirements imposed by Stripe, before being eligible to receive payouts through the Platform. KidsClub is not responsible for any decisions, delays, rejections, holds, account restrictions, or closures imposed by Stripe on any Provider’s connected account.

10.3 Upon completion of a Booking, Stripe will route the payment as follows: KidsClub retains the Commission from the Total Activity Fee, and the net remainder is transferred to the Provider’s connected Stripe account in accordance with Stripe’s payout schedule and terms. Actual payout timing is governed by Stripe and may vary.

10.4 KidsClub does not collect, store, or process payment card data. All cardholder data is processed by Stripe in accordance with Stripe’s privacy policy and its Payment Card Industry Data Security Standard (PCI-DSS) compliance obligations. KidsClub accepts no liability for any security breach, loss, or unauthorised access occurring at the Stripe level.

10.5 Providers are solely responsible for all taxes, duties, levies, and reporting obligations arising from amounts received through the Platform, including profits tax obligations under Hong Kong law.

10.6 KidsClub accepts no liability for any failure, interruption, downtime, error, processing delay, or unavailability of Stripe’s payment services, or for any resulting loss suffered by any User.

10.7 Reserves and delayed payouts. The Provider acknowledges that, under the Stripe Connect Express model, negative balances on a Provider’s connected account (including those arising from refunds, chargebacks, disputes, fees, or Provider insolvency) may result in KidsClub’s platform account being debited by Stripe. To manage this exposure, KidsClub reserves the right, at its reasonable discretion and without prior notice, to:

1. (a) withhold and hold back a rolling financial reserve from amounts otherwise payable to a Provider, in such amount and for such period as KidsClub reasonably considers appropriate to cover anticipated chargebacks, refunds, or negative balances, in respect of any Provider that KidsClub designates as presenting an elevated financial or chargeback risk;
2. (b) impose a delayed payout schedule or probationary payout period on any new Provider account or on any Provider account that KidsClub has flagged for review; and
3. (c) set off against any reserve or future payout any amounts owed by the Provider to KidsClub under these Terms, including under the indemnities in Section 12 and Section 24. Any reserve held under this Clause will be released to the Provider, less any deductions properly made, once KidsClub reasonably determines that the associated risk has passed. This Clause is without prejudice to KidsClub’s other rights of recovery under these Terms.

11. Refunds, Cancellations, and Non-Attendance

11.1 A Parent’s entitlement to a refund in respect of a Booking is determined exclusively by the Provider’s refund and cancellation policy, which forms part of the Provider Terms applicable to the relevant Activity. Parents are responsible for reading and understanding the applicable Provider Terms before completing a Booking.

11.2 All refund and cancellation requests arising from a Booking must be directed by the Parent to the relevant Provider. KidsClub does not process, administer, approve, or fund refunds in respect of Activity fees.

11.3 KidsClub has no obligation to mediate, intervene in, or adjudicate any refund dispute between a Parent and a Provider. KidsClub may, at its discretion, communicate with a Provider on a Parent’s behalf for facilitation purposes only, without assuming any obligation or liability in connection with the outcome.

11.4 Providers are solely responsible for processing and funding refunds to Parents to which Parents are entitled under the Provider Terms and applicable Hong Kong consumer protection law. All Provider-issued refunds in respect of Activity fees are processed through Stripe and deducted from the Provider’s Stripe balance.

11.5 For the avoidance of doubt, the Commission is non-refundable in all circumstances as set out in Section 9.3.

11.6 Where a Provider cancels, postpones, or significantly alters an Activity, the Provider is solely responsible for promptly notifying affected Parents through the contact details provided at booking and for managing all resulting refund, rescheduling, and consumer obligations. KidsClub shall have no liability to any Parent or Provider in connection with any such cancellation or alteration.

12. Chargebacks and Financial Responsibility

12.1 Providers are fully and solely responsible for all chargebacks, payment disputes, and associated penalties and fees arising in connection with their Activities and Bookings, regardless of the technical mechanics of payment processing through Stripe Connect.

12.2 Without prejudice to the generality of Clause 12.1, in the event that KidsClub’s platform Stripe account is debited, reversed, or penalised in respect of a chargeback, payment dispute, or reversal arising from a Provider’s Booking:

1. (a) the Provider shall immediately indemnify and reimburse KidsClub in full for the total amount debited, together with all associated chargeback fees, banking penalties, card network fees, processing costs, and any related administrative expenses; and
2. (b) KidsClub reserves the right to recover such amounts by any lawful means, including by deducting them from amounts otherwise payable to the Provider through the Platform, by instructing Stripe to reverse or claw back transfers to the Provider’s connected account, or by commencing legal proceedings against the Provider.

12.3 Providers must cooperate fully and promptly with KidsClub and Stripe in responding to, contesting, and providing evidence in relation to chargebacks and payment disputes involving their Activities. Failure to cooperate in a timely manner may result in the automatic loss of the chargeback and the consequences set out in Clause 12.2 applying.

12.4 KidsClub reserves the right to immediately suspend a Provider’s account and Listing, pending investigation, in response to a pattern of chargebacks, excessive dispute rates, or evidence of payment fraud, without liability for any resulting loss of bookings or revenue.

12.5 Providers acknowledge that their chargeback and dispute rates on the Stripe network are monitored by international card networks, including Visa and Mastercard, and that excessive rates may result in enforcement action by those networks and/or by Stripe directly against the Provider’s account. KidsClub accepts no liability for any such enforcement action.

13. Provider as Merchant of Record

13.1 Each Provider is the sole merchant of record in respect of the provision and delivery of its Activities. The Activity Contract is a contract between the Parent and the Provider for the provision of an Activity by the Provider. As merchant of record, the Provider bears all merchant obligations arising under the Activity Contract and under applicable Hong Kong consumer and commerce law, including:

1. (a) the obligation to deliver the Activity as described in the Listing, on the terms agreed at the time of Booking;
2. (b) all consumer protection and refund obligations applicable to the sale of services in Hong Kong;
3. (c) the obligation to ensure the accuracy and completeness of all Listing information, pricing, and activity descriptions;
4. (d) all tax collection, remittance, and reporting obligations arising from revenue received in connection with Activities.

13.2 KidsClub’s role as a payment facilitator and marketplace operator does not make KidsClub a merchant of record, reseller, co-obligor, agent, or guarantor in respect of any Activity. The Commission is a fee for platform services only and does not convey any obligation on KidsClub’s part in respect of Activity delivery or the Activity Contract.

13.3 Parents acknowledge that their contractual rights and remedies in respect of any Activity, including in relation to non-delivery, cancellation, inadequate quality, or any other Activity-related matter, rest exclusively with the relevant Provider and not with KidsClub.

14. Provider Self-Certification and Warranties

14.1 By registering on the Platform and maintaining a Listing, each Provider makes the following representations and warranties to KidsClub, as of the date of registration and on a continuing basis for so long as the Provider’s account remains active:

Business Registration

The Provider holds a valid Hong Kong Business Registration Certificate (where required by law for the conduct of its activities) and is lawfully authorised to carry on its business in Hong Kong.

Qualifications and Licences

The Provider and all relevant personnel, instructors, coaches, teachers, and contractors who deliver Activities through the Platform hold all qualifications, professional licences, authorisations, permits, and certifications required by Hong Kong law and any applicable regulatory, professional, or industry body in connection with the relevant Activities.

Insurance

The Provider maintains appropriate public liability insurance and such other insurance policies as are necessary and adequate having regard to the nature, physical risk profile, number of participants, venue or setting, and mode of delivery of its Activities. The Provider acknowledges that KidsClub does not prescribe minimum insurance levels, as appropriate coverage varies by Activity type, and that the Provider is solely responsible for assessing its own insurance needs.

SCRC and Background Screening

The Provider is solely responsible for determining whether Sexual Conviction Record Checks, enhanced background checks, or any other staff screening or child protection vetting are required by applicable law, regulatory guidance, or good practice in respect of all personnel involved in delivering Activities. The Provider warrants that all required and appropriate checks have been conducted and are satisfactory in respect of all relevant personnel before any Activity involving Children is delivered.

Safeguarding

The Provider has implemented adequate child safeguarding policies, procedures, and training appropriate to the nature and scale of its Activities, and complies with all applicable Hong Kong child protection laws, ordinances, and codes of practice.

Listing Accuracy

All information contained in the Provider’s Listing, including Activity descriptions, pricing, schedules, credentials, qualifications, and all other details, is accurate, complete, current, and not misleading at all times.

Content Rights

The Provider owns or holds all necessary intellectual property rights, licences, and consents in respect of all Content uploaded to the Platform, and such Content does not infringe any copyright, trade mark, privacy right, or any other right of any third party.

Children’s Images

The Provider will not upload to the Platform any photograph, image, or video in which any child is identifiable unless the Provider holds, and has on file, explicit documented written consent from that child’s parent or legal guardian for the specific use of that image on the Platform.

Legal Compliance

The Provider complies, and shall at all times continue to comply, with all applicable Hong Kong laws, ordinances, regulations, and codes of practice, including without limitation those governing data privacy, employment, consumer protection, taxation, child welfare, safeguarding, licensing, and health and safety.

Provider Terms

The Provider’s own Provider Terms, as uploaded to the Platform, are lawful, fair, and comply with all applicable Hong Kong consumer protection requirements, including in relation to refund and cancellation terms.

14.2 The warranties and representations in Clause 14.1 are conditions of the Provider’s contractual relationship with KidsClub. Any material breach of any warranty in Clause 14.1 shall entitle KidsClub to:

1. (a) immediately suspend or terminate the Provider’s Listing and account, without prior notice and without any liability to the Provider for loss of bookings, revenue, or opportunity; and
2. (b) pursue a claim against the Provider for all damages, losses, costs, and expenses suffered or incurred by KidsClub arising from or in connection with the breach, including all third-party claims made against KidsClub.

14.3 Providers must notify KidsClub immediately, and in any event within forty-eight (48) hours, if any of the warranties in Clause 14.1 become inaccurate, are no longer satisfied, or if any material change in circumstances occurs that might affect any such warranty.

15. Safeguarding, SCRC, and Insurance

15.1 KidsClub does not conduct, commission, review, assess, or hold records of Sexual Conviction Record Checks, Disclosure and Barring Service (DBS) checks, or any equivalent child protection background screening in respect of any Provider or any Provider’s personnel. KidsClub makes no representation as to the SCRC status, background, or suitability of any Provider, personnel, instructor, coach, or other individual involved in the delivery of Activities on the Platform.

15.2 Each Provider is solely and entirely responsible for:

1. (a) determining whether SCRC checks or any equivalent background screening are required under applicable Hong Kong law, regulatory guidance, or good child protection practice in respect of all personnel delivering or involved in Activities;
2. (b) ensuring that all required and appropriate checks have been conducted, are satisfactory, and are reviewed and renewed as necessary;
3. (c) maintaining all required documentation and records of such checks in accordance with applicable law and guidance;
4. (d) immediately notifying KidsClub and taking all appropriate steps if any concern arises regarding the suitability of any personnel to work with Children.

15.3 In relation to insurance:

1. (a) Each Provider must maintain public liability insurance and any other insurance appropriate to the nature, risk profile, participant numbers, and delivery format of its Activities;
2. (b) KidsClub does not prescribe minimum insurance limits, as appropriate levels will vary significantly by Activity type, venue, and risk profile, and the Provider is solely responsible for assessing and obtaining adequate coverage;
3. (c) KidsClub does not verify, assess, or confirm the existence, adequacy, currency, validity, or terms of any Provider’s insurance;
4. (d) Where KidsClub requests evidence of insurance from a Provider, that request and any review of documentation provided shall not impose on KidsClub any ongoing duty to monitor, verify, or ensure the adequacy or continued validity of the Provider’s insurance coverage;
5. (e) Parents who have concerns about a Provider’s insurance arrangements should raise those concerns directly with the Provider before completing a Booking.

15.4 Each Provider warrants that all venues, premises, facilities, and equipment used in the delivery of Activities are and shall at all times remain suitable, safe, properly maintained, and compliant with all applicable health and safety legislation, regulations, and standards in Hong Kong.

16. Mandatory Reporting — Cap. 650

16.1 The Mandatory Reporting of Child Abuse Ordinance (Cap. 650), which came into force on 20 January 2026, imposes a statutory duty on twenty-five (25) categories of specified professionals in the social welfare, education, and healthcare sectors in Hong Kong, as enumerated in Schedule 1 to Cap. 650, to report suspicions of serious child abuse to the Director of Social Welfare or the Commissioner of Police.

16.2 KidsClub is not a “specified professional” as defined under Cap. 650, and accordingly KidsClub does not bear a mandatory reporting obligation under Cap. 650 by reason of its operation of the Platform as a technology marketplace. KidsClub does not make any determination as to the professional status of any Provider’s personnel under Cap. 650.

16.3 Each Provider acknowledges, accepts, and agrees that:

1. (a) the Provider is solely responsible for determining whether any of its personnel, staff, contractors, instructors, coaches, teachers, healthcare workers, or other individuals engaged in the delivery or support of Activities fall within any of the twenty-five categories of specified professionals set out in Schedule 1 to Cap. 650;
2. (b) where any such person is a specified professional within the meaning of Cap. 650, the Provider shall ensure that such person is made aware of, and complies in full with, their mandatory reporting obligations under Cap. 650 in the course of their professional work with Children through the Platform;
3. (c) compliance with Cap. 650 and all other applicable child protection laws is the Provider’s sole and exclusive responsibility, and KidsClub does not verify, monitor, supervise, or confirm Provider compliance with Cap. 650 or any other child protection legislation;
4. (d) the Provider will not represent to any person that KidsClub has assessed, verified, or confirmed the Provider’s compliance with Cap. 650 or any other child protection obligation.

16.4 KidsClub reserves the right to immediately suspend or permanently remove a Provider’s Listing and account upon receipt of a credible report, complaint, or other information raising safeguarding concerns in relation to the Provider or any of its personnel, pending investigation. Such suspension or removal shall take effect without prior notice to the Provider and without liability on KidsClub’s part for any resulting loss of bookings, revenue, or commercial opportunity. KidsClub may at its discretion refer any such concerns to the appropriate Hong Kong authorities.

17. Parental Authority and Proxy Consent

17.1 By completing a Booking for a Child, the Parent irrevocably confirms, represents, and warrants that:

1. (a) the Parent is the natural parent, legal guardian, or otherwise holds lawful parental responsibility in respect of the Child, or is otherwise fully and specifically authorised in writing by a person holding parental responsibility to make decisions in relation to the Child’s activities, to share the Child’s personal data, and to accept the terms of the Activity Contract on the Child’s behalf;
2. (b) the Parent has the authority to enter into and accept the Activity Contract with the Provider on behalf of themselves and, where applicable, on behalf of the Child;
3. (c) the Parent has the authority to provide KidsClub and the Provider with the Child’s personal data, including name, age, health information, allergy information, medical notes, and emergency contact details, for the purposes of facilitating the Booking and enabling the Provider to deliver the Activity;
4. (d) the Parent consents to the Child’s participation in the relevant Activity and has independently assessed the Activity’s suitability for the Child, including in light of the Child’s age, physical capability, health status, and any other relevant personal characteristics.

17.2 Where a Parent acts in a capacity other than as the natural parent or sole legal guardian of the Child, the Parent warrants that they hold adequate specific written authority from the Child’s parent or legal guardian to complete the Booking and to share the Child’s personal data, and shall retain a copy of such authority.

17.3 KidsClub and the Provider rely on the Parent’s confirmation of authority in Clause 17.1. KidsClub accepts no responsibility for any consequence arising from a Parent’s failure to hold the authority warranted, or from any inaccuracy or incompleteness in such warranty.

18. Child Information, Medical Notes, and Allergy Data

18.1 In the course of completing a Booking, a Parent may be invited or required to provide personal data relating to the Child, which may include:

1. (a) the Child’s name and date of birth or age;
2. (b) known allergies, dietary restrictions, or food intolerances;
3. (c) relevant medical conditions, physical disabilities, or health notes;
4. (d) medications being administered to the Child;
5. (e) emergency contact names and telephone numbers.

18.2 KidsClub collects such Child information solely for the purpose of facilitating the Booking and transmitting the relevant information to the Provider to enable the Provider to make appropriate preparations for, and to safely deliver, the Activity.

18.3 Upon transmission of the Child’s personal data to the relevant Provider in connection with a Booking, the Provider becomes an independent data user of that information within the meaning of the PDPO. From that point, the Provider is solely responsible for the secure handling, storage, use, disclosure, and deletion of the Child’s personal data in compliance with the PDPO and all other applicable data protection law. KidsClub’s responsibility for the Child’s data ceases upon transmission to the Provider.

18.4 KidsClub is not responsible for any act or omission by a Provider in relation to the Child’s information after its transmission to the Provider, including any loss, misuse, unauthorised disclosure, data breach, or failure to act on medical or allergy information.

18.5 Parents are solely responsible for the accuracy, completeness, and currency of all information provided about the Child. KidsClub and the Provider rely entirely on the accuracy of information supplied by the Parent. KidsClub accepts no liability for any harm, loss, allergic reaction, medical incident, or adverse event arising directly or indirectly from a Parent’s failure to provide accurate, complete, or timely information about the Child’s health, allergies, medications, or medical conditions.

18.6 The collection, use, retention, transfer, and disclosure of personal data by KidsClub in connection with the Platform is governed by KidsClub’s Privacy Policy, which forms part of these Terms and is available on the Platform.

19. No Verification — Platform Role Disclaimer

19.1   KidsClub does not independently verify, audit, inspect, certify, approve, accredit, or endorse any Provider, Provider’s business, Provider’s personnel, Activity, Listing or Listing content, credential, qualification, licence, insurance, SCRC status or equivalent, background check, safeguarding policy, premises, equipment, safety record, or any other aspect of any Provider’s business or the Activities offered on the Platform.

19.2   All Provider information appearing on the Platform, including self-certification statements, descriptions of qualifications, insurance coverage, safeguarding measures, and credentials, is provided exclusively by the Provider. KidsClub relies entirely on the accuracy of Provider self-certification and accepts no responsibility for the accuracy, completeness, currency, or truthfulness of any such information.

19.3   The hosting of a Listing on the Platform does not constitute, and must not be construed as:

1. (a) a recommendation, reference, or endorsement of the Provider or the Activity by KidsClub;
2. (b) a warranty or representation by KidsClub that the Provider is suitable, qualified, insured, safe, legally compliant, or otherwise appropriate for activities involving Children;
3. (c) a confirmation by KidsClub that any credential, certificate, or representation made by a Provider is accurate, current, or verified;
4. (d) an undertaking by KidsClub to monitor, audit, or supervise the Provider’s ongoing operations, compliance, or conduct.

19.4 Parents must conduct their own independent assessment of each Provider and Activity before completing a Booking. KidsClub strongly encourages Parents to:

1. (a) review the Provider’s Listing and Provider Terms carefully;
2. (b) contact the Provider directly to ask questions about qualifications, experience, safeguarding arrangements, and insurance;
3. (c) conduct any further enquiries or investigations they consider appropriate; and
4. (d) exercise their own judgement as to the suitability of an Activity and Provider for their Child.

19.5 Reporting of false or misleading credentials. While KidsClub does not pre-verify Provider credentials, KidsClub provides a mechanism for Users to report concerns that a Provider’s stated credentials, qualifications, licences, insurance, registration, or other Listing representations are false or misleading. Any User who has reason to believe that a Listing contains a false or misleading representation may submit a report to KidsClub at the contact details in Section 25.9, identifying the relevant Listing and describing the basis for the concern. Upon receipt of a credible report, KidsClub will review the matter and may, at its discretion, request clarification or supporting evidence from the Provider, suspend or remove the relevant Listing or representation pending resolution, or take such other action as KidsClub considers appropriate. This reporting mechanism is provided to support the integrity of the Platform and to enable KidsClub to respond appropriately to information of which it becomes aware; it does not impose on KidsClub any general duty to monitor, audit, or pre-verify Provider representations, and KidsClub’s baseline role remains that of a passive marketplace as described in Section 2 and this Section 19.

20. Intellectual Property and Provider Content Licence

20.1 All intellectual property rights in the Platform, including its design, layout, user interface, software, source code, algorithms, trade marks, service marks, trade name “KidsClub”, domain name KidsClub.hk, and all underlying technology, are owned by or licensed exclusively to KidsClub. Nothing in these Terms shall be construed as transferring or licensing any intellectual property right to any User except as expressly set out herein.

20.2 KidsClub grants each User a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform solely for its intended purpose of searching for, booking, and (in the case of Providers) listing Activities, and for no other purpose.

20.3 Users must not: (a) copy, reproduce, adapt, modify, translate, publicly perform, publicly display, or create derivative works based on the Platform or any part of it; (b) reverse-engineer, decompile, disassemble, or attempt to derive the source code of any software forming part of the Platform; (c) remove any copyright, trade mark, or proprietary notice from the Platform; (d) use the Platform or any content thereon for any commercial purpose other than as expressly permitted by these Terms.

20.4 By uploading Content to the Platform, each Provider:

1. (a) warrants that it owns or holds all necessary intellectual property rights, licences, and consents in respect of the Content, including any third-party images, text, logos, or other material incorporated therein, and that the uploading and display of such Content on the Platform does not infringe any copyright, trade mark, database right, moral right, privacy right, or any other right of any third party;
2. (b) grants KidsClub a non-exclusive, royalty-free, sub-licensable, worldwide licence to use, store, display, reproduce, adapt, and distribute the Content for the purposes of operating, promoting, and improving the Platform, for the duration of the Provider’s account remaining active, with residual use for archival or legal purposes thereafter;
3. (c) indemnifies and holds harmless KidsClub, its officers, directors, employees, and agents, from and against all claims, losses, damages, proceedings, costs, and expenses (including legal costs on an indemnity basis) arising from or in connection with any breach of the warranties in this Clause 20.4.

20.5 KidsClub reserves the right, at any time and without prior notice or liability, to remove or disable access to any Content that KidsClub reasonably believes infringes any third-party intellectual property right, violates these Terms, or is otherwise inappropriate.

21. Copyright Notice and Takedown

21.1 KidsClub respects third-party intellectual property rights and maintains a notice and takedown procedure for the reporting of alleged intellectual property infringements. The full procedure, including required complaint information and counter-notice rights, is set out in KidsClub’s Copyright Notice and Takedown Procedure, which is published on the Platform.

21.2 If you are an intellectual property rights holder and believe in good faith that Content on the Platform infringes your rights, please submit a written complaint to KidsClub at the contact details set out in the Copyright Notice and Takedown Procedure. KidsClub will review valid complaints and take appropriate action in accordance with that procedure.

21.3 Providers who are the subject of repeated or sustained intellectual property complaints, or whose Content is found to infringe third-party rights, may have their Listings suspended or accounts terminated in accordance with Section 23.

21.4 KidsClub may, but is not obliged to, forward a copy of any intellectual property complaint to the relevant Provider. KidsClub is not responsible for resolving intellectual property disputes between rights holders and Providers and shall not be liable to either party in connection with its exercise of (or failure to exercise) its content removal rights.

22. Anti-Scraping and Platform Integrity

22.1 Users are strictly prohibited from accessing, copying, harvesting, or extracting data, Content, Listing information, pricing data, or any other information from the Platform by means of any automated tool, bot, spider, crawler, scraper, script, data mining tool, or any other automated or systematic method, without KidsClub’s prior written consent.

22.2 The following conduct is prohibited and constitutes a material breach of these Terms:

1. (a) use of any automated mechanism to access, index, or extract content from the Platform;
2. (b) systematic downloading, bulk copying, or mirroring of Platform data, Listings, or Listing information;
3. (c) any use of Platform content for commercial purposes, competitive intelligence, or database building without KidsClub’s express written authorisation;
4. (d) circumventing or attempting to circumvent any technical protection measure, access control, rate limiting mechanism, or security feature employed by KidsClub;
5. (e) accessing the Platform in any manner that places or is likely to place a disproportionate or excessive load on KidsClub’s servers, network, or infrastructure.

22.3 KidsClub reserves the right to take all necessary and lawful steps to prevent, detect, and respond to prohibited scraping or automated access, including technical blocking measures, account suspension, and legal proceedings seeking injunctive relief and damages.

22.4 The Listing information, Provider data, and all other structured content on the Platform constitutes KidsClub’s database and proprietary information. KidsClub asserts all available rights, including database rights and intellectual property rights, in respect thereof.

23. Suspension, Removal, and Termination

23.1 KidsClub reserves the right, in its absolute discretion and without prior notice or liability, to immediately suspend or terminate any Provider’s Listing and/or account in any of the following circumstances:

1. (a) receipt of a credible report, complaint, allegation, or other credible information raising a safeguarding concern, child abuse allegation, or child protection issue in relation to the Provider or any of its personnel;
2. (b) material breach, or a pattern of repeated breaches, of these Terms, including any breach of the Provider warranties in Section 14;
3. (c) the Provider’s insolvency, administration, receivership, cessation of trading, loss of business registration, or loss of any required licence, permit, or authorisation;
4. (d) an excessive chargeback rate, involvement in or association with fraudulent payment activity, or breach of Stripe’s terms of service;
5. (e) any conduct by the Provider that KidsClub believes in good faith may expose KidsClub, any Parent, or any Child to legal liability, regulatory risk, reputational harm, or safety risk;
6. (f) any conduct that KidsClub determines, in good faith, is likely to bring the Platform into disrepute or undermine trust in the Platform’s integrity.

23.2 Suspension on the grounds of a safeguarding concern under Clause 23.1(a) shall take effect immediately and without prior notice to the Provider, in the interests of Child safety. KidsClub shall not be liable to the Provider for any loss of bookings, revenue, income, or commercial opportunity arising from such suspension.

23.3 Upon permanent termination of a Provider’s account:

1. (a) all of the Provider’s Listings will be immediately removed from the Platform;
2. (b) outstanding payouts in respect of Bookings completed prior to the effective date of termination will be processed by Stripe in accordance with Stripe’s standard terms, subject to any applicable deductions for chargebacks, recovery actions, or amounts owed to KidsClub;
3. (c) all licences granted to the Provider under these Terms shall immediately terminate;
4. (d) all obligations of the Provider in respect of Bookings confirmed prior to termination, including consumer, refund, and Activity delivery obligations to Parents, shall continue in full force and effect.

23.4 A Provider or Parent may close their account at any time by submitting a written request to KidsClub at the address set out in Section 25.9. Account closure does not affect any obligations incurred or rights accrued prior to the date of closure.

23.5 Good faith action on reports; no liability and reinstatement. The Provider acknowledges and agrees that, in order to protect Children and the integrity of the Platform, KidsClub may suspend or remove a Provider’s Listing or account on the basis of a report or complaint that KidsClub reasonably believes in good faith to be credible, whether or not that report has been verified or subsequently proves to be substantiated. In exercising these rights:

1. (a) KidsClub acts in good faith and in pursuit of its legitimate interest in protecting Child safety and the integrity of the Platform, and shall not be liable to the Provider, whether in contract, tort (including for any alleged defamation, malicious falsehood, or interference with the Provider’s business or contractual relations), or otherwise, for any loss of bookings, revenue, reputation, or opportunity arising from any suspension or removal carried out in good faith under this Section;
2. (b) KidsClub will not publish or disclose to any third party, other than the affected Provider or a relevant regulatory or law enforcement authority, the specific reasons for or details of a suspension or removal, except as required by law or as reasonably necessary to protect any person from harm. Communications made by KidsClub to relevant authorities, or internally for the purposes of investigating or responding to a report, are made in the discharge of KidsClub’s legitimate platform-governance function;
3. (c) where a suspension arises from a report that, following review, KidsClub determines to be unsubstantiated, malicious, or made in bad faith, KidsClub will, subject to its overriding child-safety obligations and its sole reasonable discretion, reinstate the affected Listing or account as soon as reasonably practicable. Reinstatement is the Provider’s sole and exclusive remedy in respect of any suspension carried out in good faith under this Section.

24. Disclaimers, Limitation of Liability, and Indemnification

24.1 Platform Provided “As Is”. The Platform is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, KidsClub expressly disclaims all warranties and representations, whether express, implied, statutory, or otherwise, in relation to the Platform, including any implied warranty of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, non-infringement, uninterrupted availability, or freedom from error, virus, or other harmful component.

24.2 KidsClub is not responsible for any of the following, to the fullest extent permitted by applicable law:

1. (a) any act, omission, negligence, misconduct, misrepresentation, breach of contract, or breach of statutory duty by any Provider;
2. (b) the quality, safety, fitness for purpose, accuracy of description, suitability for a Child, or non-delivery of any Activity;
3. (c) any personal injury, illness, allergic reaction, or property damage suffered by a Child or Parent in connection with an Activity, where such harm arises from the acts, omissions, or negligence of the Provider, its staff, its premises, or its equipment;
4. (d) the accuracy, completeness, or currency of any Listing or Provider-submitted information on the Platform;
5. (e) any Provider’s compliance or non-compliance with applicable laws, regulatory requirements, safeguarding obligations, or these Terms;
6. (f) any Provider’s handling of personal data, including Child data, following its transmission by KidsClub to the Provider;
7. (g) any failure, interruption, downtime, error, or unavailability of the Platform, Stripe’s payment services, or any third-party service used in connection with the Platform;
8. (h) any unauthorised access to a User’s account or personal data by any third party.

24.3 Nothing in these Terms shall exclude or restrict KidsClub’s liability for:

1. (a) death or personal injury caused directly by KidsClub’s own negligence, to the extent that such liability cannot be excluded under Section 7 of the Control of Exemption Clauses Ordinance (Cap. 71, Laws of Hong Kong);
2. (b) any fraudulent misrepresentation made by KidsClub; or
3. (c) any other liability that cannot lawfully be excluded or limited under applicable Hong Kong law.

24.4 Subject to Clause 24.3, and to the maximum extent permitted by applicable law, KidsClub’s aggregate liability to any User arising out of or in connection with the Platform, these Terms, or any Activity, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the greater of:

1. (a) the total Commission amounts received by KidsClub in respect of that User’s Bookings in the twelve (12) calendar months immediately preceding the event giving rise to the claim; or
2. (b) HKD 100,000. The parties agree that this limit, incorporating a fixed monetary floor, represents a fair and reasonable allocation of risk having regard to the matters set out in Clause 24.8.

24.5 To the maximum extent permitted by applicable law, KidsClub shall not in any event be liable to any User for any indirect, consequential, incidental, special, exemplary, or punitive loss or damage, or for any loss of profit, loss of revenue, loss of business, loss of opportunity, loss of goodwill, or loss of data, whether arising in contract, tort (including negligence), or otherwise, and whether or not KidsClub was advised of the possibility of such loss or damage.

24.6 Provider Indemnity. Each Provider shall indemnify, defend, and hold harmless KidsClub and its officers, directors, employees, agents, and successors from and against any and all actions, proceedings, demands, claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees on an indemnity basis) arising out of or in connection with:

1. (a) any breach by the Provider of these Terms, including any breach of any warranty in Section 14;
2. (b) the delivery, non-delivery, cancellation, postponement, or inadequate delivery of any Activity;
3. (c) any personal injury, death, illness, allergic reaction, or damage to property arising in connection with an Activity;
4. (d) any infringement by the Provider of any third-party intellectual property right in connection with Listing Content;
5. (e) any breach by the Provider of the PDPO or any other applicable data protection or privacy law;
6. (f) any chargeback, payment dispute, fraud, or banking penalty arising in connection with the Provider’s Activities or Bookings;
7. (g) any failure by the Provider to comply with child protection, safeguarding, mandatory reporting, or welfare obligations.

24.7 Parent Indemnity. Each Parent shall indemnify and hold harmless KidsClub from and against all claims, losses, costs, and expenses arising from: (a) the Parent’s material breach of these Terms; (b) any inaccuracy in information provided by the Parent about themselves or a Child; or (c) the Parent’s misuse of the Platform.

24.8 The limitations and exclusions of liability in this Section shall apply to the fullest extent permitted by applicable law. The reasonableness of the limitations set out herein is acknowledged by the parties having regard to: the passive intermediary nature of KidsClub’s role; the fact that KidsClub derives a limited platform commission only; the availability of contractual recourse against Providers; and the ability of Providers to obtain relevant insurance.

25. General Provisions

25.1 Governing Law. These Terms, and any dispute, claim, or obligation (whether contractual or non-contractual) arising out of or in connection with them, their subject matter, or their formation, are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China.

25.2 Jurisdiction. Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region in respect of any dispute or claim arising out of or in connection with these Terms or their subject matter.

25.3 Dispute Resolution. KidsClub encourages Users to contact KidsClub in the first instance to seek to resolve any dispute or concern informally before commencing formal proceedings. Nothing in this Section prevents either party from seeking urgent interim or injunctive relief from any court of competent jurisdiction.

25.3A Individual claims. To the maximum extent permitted by applicable law, each User agrees that any claim or dispute arising out of or in connection with these Terms or the Platform shall be brought and resolved on an individual basis only, and not as part of, or in conjunction with, any consolidated, collective, representative, or group proceeding brought by or on behalf of other Users. Each User agrees that they will not seek to have any such claim heard together with the claims of any other User or person. The parties acknowledge that opt-out class actions of the kind available in some other jurisdictions are not generally available under the civil procedure of the Hong Kong Special Administrative Region, and that representative proceedings under the Rules of the High Court are subject to the court’s permission. This Clause is intended to confirm the parties’ agreement that claims be pursued individually, and shall be given effect to the fullest extent permitted by Hong Kong law. If any part of this Clause is held to be unenforceable, that part shall be severed in accordance with Clause 25.4 and the remainder of this Clause shall continue to apply.

25.4 Severability. If any provision or part of a provision of these Terms is held by a court or other competent authority to be invalid, unlawful, void, or unenforceable, that provision or part shall be deemed modified to the minimum extent necessary to make it valid, lawful, and enforceable. If modification is not possible, the relevant provision or part shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

25.5 No Waiver. No failure or delay by KidsClub in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall prevent any further exercise of that right, power, or remedy or the exercise of any other right, power, or remedy.

25.6 Entire Agreement. These Terms, together with the KidsClub Privacy Policy and Cookie Policy (each incorporated herein by reference), constitute the entire agreement between KidsClub and each User with respect to the subject matter hereof and supersede all prior and contemporaneous representations, warranties, agreements, understandings, and negotiations, whether written or oral, relating to that subject matter.

25.7 Amendments. KidsClub may amend these Terms at any time by posting an updated version on the Platform. KidsClub will use reasonable efforts to provide advance notice of material amendments. Continued use of the Platform after the effective date of any amendment constitutes acceptance of the amended Terms.

25.8 Language. These Terms are drafted in English. In the event of any inconsistency or conflict between the English version of these Terms and any translated or summarised version, the English version shall prevail in all respects.

25.9 Contact. For any queries, complaints, or notices in relation to these Terms, the Platform, or KidsClub’s services, please contact us at:

KidsClub
Website: kidsclub.hk
Email: info@kidsclub.hk

KidsClub Limited
Unit 1301, 13/F Chung Nam
BLDG 1 Lockhard Road Wan Chai Hong Kong