Effective date 04/04/24

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1.Terms of Service

By choosing to visit the BridgePal Kids, website, You agree that these terms and conditions (the “Terms”) govern your use of BridgePal Kids website and/or app  (the “BridgePal Kids Platform”), except where we expressly state that separate terms (and not these) apply. These Terms may be amended from time to time.  Please read the information below carefully. If You are a parent or guardian and You provide your consent to your child's (12yrs and below in the United States of America or 15yrs and below in the European Union) use of the BridgePal Kids Platform, You agree to be bound by these Terms in respect to their use of the BridgePal Kids Platform. By your continued access or use of the platform, You signify your agreement to be legally bound by the terms set forth the Terms. If You do not agree to the terms of this agreement, promptly exit this page and stop accessing the Services.

 

2. Description of Services

XcBrgPal LLC (the “Company”) facilitates social media interaction services to children (the “Services”). Our aim is to cross-culturally connect children and have them positively share their social life experiences as guided by mentors. However, for accessing the Services, the child (12yrs and below in the United States of America or 15yrs and below in the European Union) or “You” (the parent, guardian and or authorized employee of participating institution) may have to create an account and disclose personal information. For more information on the collection and use of personal information please see our privacy policy here: https://www.xcbrgpal.com/privacy

 

3. License to Use

The Company hereby grants You (parent, guardian and or authorized employee of a participating institution) and the child (12yrs and below in the United States of America or 15yrs and below in the European Union), the limited right to access, view and use the BridgePal Kids Platform only for the purposes of accessing, viewing, posting or submitting user material, using the embedded link function, placing store orders or for accessing information, applications and the Services. The Company reserves the right to suspend or deny, in its sole discretion, You and your child’s access to all or any portion of the BridgePal Kids Platform. This license is limited to personal and non-commercial uses by You and your child. Any rights not expressly granted to You herein are reserved to the Company.

 

4. Intellectual Property Rights

The Company retains all rights (including copyrights, trademarks, patents, designs, logos, trade-dress, trade-secrets, know-how as well as any other intellectual property right) in relation to all information provided on or via this BridgePal Kids Platform (including but not limited to the topics shared, all texts, graphics, photos, illustrations, apps and logos). You shall not copy, download, publish, distribute, or reproduce any of the information contained on this BridgePal Kids Platform or social media in any form without the prior written consent of the Company.

 

5. Linking

You or the child may establish a link to one or more site(s), provided that:

• The link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business. Such linking is not for advertising or promotional purposes (unless the Company has expressly agreed to it).

• The link is not from any website which promotes any political, or promotes or depicts intolerance, hatred, bullying, discrimination, violence, pornography or illegal activity.

• The link does not falsely or misleadingly imply or suggest that We endorse, approve of or are associated with the linked website, its web pages or any of its contents; and framing of any site on any other website is not allowed and You must not provide access to the site or part of it under any other URL.

 

The Company may withdraw your or the child’s right to link to any site without notice and at any time (acting in our sole discretion). Where any site and/or application contain links to other websites, web pages, resources, or mobile services which are proprietary to third-parties, other users, advertisers or sponsors, such websites, web pages, resources and mobile services are provided for your information only and You access them at your own risk. The Company will not be held liable or responsible for the content or operation of third-party websites, web pages, resources or mobile services.

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6. Payment and Refund

The BridgePal Kids Platform is a paid service and the payments made by You shall be according to the plans opted by You through the Platform. All payments by users shall be through the payment mechanism put in place by Us. Users have been given various options to choose and proceed with the payment for the Services via payment mechanisms including but not limited to card payment facilities, EMI payment, online bank transfer and wallet payment. With reference to the payment gateway mechanisms are governed by the terms and conditions of the third-party providers as listed on the BridgePal Kids Platform and the user agrees to be bound by those Terms.

Valid credit / debit/ cash card/ online bank transfers and other payment instruments are processed using and will be governed by the terms of the credit card payment gateway or appropriate payment system infrastructure. The Company shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. The amount of refund payable shall only be limited to the amount paid by You for Services which were not rendered You by the Company. In case of refund of EMI transactions, You will be charged interest as per bank’s regulations. Any charges related to app publishing (e.g., charges levied by app store, play store) will be incurred by You. Any free trials provided on the platform BridgePal Kids Platform, shall also be governed by these Terms.

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7. User Content

The Company offers You and your child the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information. The Company may remove content at its discretion. Your child may choose to write and post reviews on the BridgePal Kids Platform. We do not encourage your child to post any personal information on the BridgePal KidsPlatform and the ill effects of such revelation shall be borne by You and your child.  However, You can request the Company via e-mails to delete any such information posted by the child. For the purpose of verification, the Company will review and scrutinize such emails before responding.

 

You warrant and represent that your content, and the content of any website from which You include a link to any site, or to which You post a link from a site, will not be inappropriate. Without limitation, content (and the content of third-party websites) may be considered inappropriate if:

• It is misleading in any way, and/or it gives a false impression as to its origins or approvals.

• It is defamatory, plagiarized (including plagiarism from your own work), abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates violence.

• It is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by You.

• It prejudices any active or pending legal proceedings of which You are aware.

• It contains accusations of impropriety or personal criticism of our personnel, editors, or reviewers.

• It infringes any intellectual property rights proprietary to the Company or any third party.

• It is technically harmful (including content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm the Company or any third party, or to carry out or facilitate any fraudulent or dishonest transaction).

• It advertises or promotes any product or service or makes any requests for donations or financial support.

• It is spam or junk content.

• It impersonates another person or otherwise misrepresents your identity, affiliation or status.

• It would be considered a criminal or statutory offense in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or

• It is in breach of these Terms and/or of any additional terms from third-party websites.

 

The Company will not be held responsible or liable for any of the user content provided by You and your child on the BridgePal Kids Platform.  You and your child must not attempt to avoid or undermine any protections that the Company may put in place for the security and operation of the website and BridgePal Kids Platform. Video/ sound recordings of social experiences conducted containing footage of You and/or recording of any video of your Child are all part of the Services of the BridgePal Kids platform.

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8. Intended Purpose of Use

Any application, code or content created using the BridgePal Kids Platform is intended to be used solely as prototypes and for evaluation of validity and practicability of ideas. All such applications, codes and/or content may be solely created for social sharing and gathering feedback by the children and are in no way fit for or meant to be used for any commercial use. Any other use of such apps, codes, or content, other than the use specified herein is prohibited by the Company and the Company shall not be liable for the same and You and your child shall indemnify the Company for any loss, claims or damages suffered by the Company in this regard.

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9. Web App Usage

The Company also provides a web app for You or Your child. Please refer to the terms associated with this app when downloading it.

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10. User Communication

You hereby explicitly consent to receive emails from the Company, for the purpose of providing alerts and information related to Services.

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11. Rule of Conduct

Users must comply with the laws that apply to You in the location that You access the Company’s Services from. If any laws applicable to You restrict or prohibit You from using Services of the Company. You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of the Company. You promise that all the information You provide to the Company on accessing and/or using the Services of the Company is and shall remain true, accurate to the best of our abilities

Notwithstanding any other provision of these Terms, You agree and undertake to not;

 

• Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction);

• Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Services.

• Create software which mimics any data or functionality in the Services.

• Use or deal in the Service except as permitted by these Terms.

• Include contact details intended to enable communication outside of the Service, in any communication.

• Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk and non-bulk emails.

• Make any public, business or commercial use of the Services or any part of them.

• Provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without prior written permission of the Company.

• Make the Service or any part of it available to any third party (please note this does not stop You from fairly and honestly providing links to the Platform or showing to other people).

• Use or process the Service or any part of them unfairly or for any illegal or immoral purpose; or

• Delete or obscure any copyright or other proprietary notice on the Services.

 

The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service.

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12. Liability Limitations

You are held personally liable for any violation of a third party's rights by You and your child. You agree to reimburse the Company for all damages resulting from the culpable non-observance of the obligations of these Terms. Users release the Company from all eligible claims that other users or third parties may file against the Company due to a violation of their rights by content posted by the user or due to a violation of other obligations. You shall assume the costs of the Company legal defense, including all court and legal fees. This condition does not apply if the Users are not responsible for the infringement.

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The Company ensures that the information on the Platform is acceptable and safe for children to use. You agree and understand that the Company does not state or claims any warranty for the quality of Services, for the online resources, or for the appointed mentors who share life topics.

 

The Company undertakes the scrutiny of the social topics delivered by appointed mentors. At   any instance of sharing social topics, if a mentor uses any sexual or abusive language or depicts any forced sexual acts, or pornographic images, then in such cases, please immediately inform the Company at the contact provided below in Clause 21.

 

The Company will make all efforts to take any and all necessary actions as per the applicable law. However, Company explicitly disclaims any liability or responsibility in the event of such a circumstance. 

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The Company will not be held responsible for any unethical, illegal acts performed by the child on the BridgePal Kids Platform, and it shall be your responsibility to closely monitor the activities of your child while accessing the BridgePal Kids Platform.

In no event shall the Company be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data, or data use, incurred by You or any third-party, whether in an action in contract or tort, arising from your access to, or use of, the Platform or any content provided on or through the Platform. The Company facilitates social shared topics on an "as is" basis and is liable only to provide its Services with reasonable skill and care.

 

The Company's liability for any and all claims in the aggregate, arising out of or related to your use of the Platform, shall not under any circumstances exceed the amounts actually paid by You to the Company for its Services.

 

The Company does not warrant that the operation of the Services will be uninterrupted or error-free. The Company will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of the Company including internet outages, communications outages, fire, flood, war or act of God.

 

Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.

 

You agree that in relation to your use of the Services You will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability, or which might call the Company or the Services into disrepute. You agree that You are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account.

 

13. Third- Party Permission

The Company has subscribed to various third-party service namely Amazon AWS Rekognition and Hive for image and text content moderation and Sentry for error/bug moderation. You agree and acknowledge that, while accepting these Terms, you explicitly grant permission to these service providers to use your information solely for this purpose. In the event of any dispute between the third party and You, the Company shall not be held liable in any matter whatsoever. 

 

14. Amendments to Terms

XcBrgPal LLC (Company) retains the right to modify these Terms given any of the following events: (a) in the event of any amendments made due to legal or regulatory requirements, (b) because of technical necessity, (c) in order to maintain XcBrgPal LLC (Company) operations, (d) in the event of a change in market conditions, or (e) for the benefit of the user. No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties. Users will be informed of any amendments to the general Terms via the Platform or via notice by email or in writing and have an opportunity to close and delete their accounts.

 

15. Termination

Without limiting any other rights that the Company may have, the Company may remove, restrict, cancel or suspend access to and/or use of the service and any part of it, if the Company considers (in the sole discretion of the Company that You have breached any of these Terms.

You may also terminate your agreement with the Company by ceasing to access the Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies of either party, which have accrued up to the time of termination.

 

16. Indemnity 

You agree to indemnify and hold us harmless, our contractors, and our licensors, and respective directors, officers, employees and agents from and against any all claims and expenses, including attorneys’ fees, arising out of your use of the Services and/or the Platform, including but not limited to your breach of any of these Terms to the extent allowed by law.

 

17. Severability

If any provision of this these Terms is held to be invalid or unenforceable by any court of competent jurisdiction, such provision will be deemed modified so as to be valid and enforceable to the greatest extent possible under applicable law, and the validity of the remaining provisions hereof shall not be affected thereby.

 

18. Assignment

Any rights and licenses granted hereunder shall not be transferred or assigned by You. Any attempted transfer or assignment in violation hereof shall be considered as null and void.

 

19. Waiver

No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term and the Company’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.

 

20. Governing Laws and Jurisdiction 

You agree that all matters relating to your access to or use of the BridgePal Kids website and app (Platform) including all disputes, and all claims involving the Company or its employees, contractors, officers, directors, telecommunication providers, and content providers including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of law’s provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California, and waive any objection to such jurisdiction or venue. These Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.

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Any claims arising in connection with your use of the BridgePal Kids website and/or app must be brought within one (1) year of the date of the event giving rise to such action occurred, or such claim is barred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney’s fees. In the event of any controversy or dispute between XcBrgPal LLC and You arising out of or in connection with your use of the website and app, You and XcBrgPal LLC agree to attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation prior to pursuing any action in state or federal courts. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

 

21. Contact

If You have any questions about these Terms, please contact us by email or postal mail on the following address:

Name: The Administrator, E-mail ID: info@xcbrgpal.com

Postal Address: P.O. Box 24552 Raymond Way #636 Lake Forest, CA 92609 - 0636