Akili Kids! Club

Akili Kids! Club

TERMS AND CONDITIONS

Created March 15th, 2023

By allowing your child (which applied to children as the case may be) to join the Akili Kids! Club Membership, you acknowledge and agree to be bound by all of the following terms and conditions ("Terms"), and any additional terms and conditions that may be applied from time to time (collectively, the "Agreement"). If you do not agree to be bound by this Agreement, do not allow your child or children to join the Akili Kids! Club Membership.

Akili Partners Limited ("Akili" or "us" or "our" or "we") operates the Akili Kids! Club Membership. Akili reserves the right to modify or terminate the Akili Kids! Club Membership at any time and in any manner, in whole or in part. You agree that you will review these Terms periodically and that you and your child are bound by this Agreement and any modifications we may make to it from time to time.

1. Membership

As a member of the Akili Kids! Club Membership, your child has the ability to participate in official programs, events and activities, subject to certain restrictions as outlined below. You and your child may also receive additional benefits and discounts with other participating retailers, restaurants, and service providers.

You and your child may only participate in official programs, events and activities organised by Akili in accordance with its established rules, regulations and policies. You and your child have no ownership interest in Akili, the Akili Kids! Club Membership, or its individual programs, events or events your child might participate in, or income there from.

Your child’s membership is non-transferable, non-refundable, and may not be resold.

During the registration process you and your child’s personal data will be acquired in order to provide the services. All required data must be provided truthfully.

2. Eligibility

To become a Member of The Akili Kids! Club Membership:

• You and your child must be citizens or a resident of Kenya,
• Your child must be less than 18 years of age as of the date of their registration; and,
• You must have the capacity to enter into a legally binding contract.

Membership is subject to this Agreement, as well as any policies and procedures that Akili and/or its partners, assigns or successors may have, adopt or modify from time to time. Any failure to abide by this Agreement or any such policies or procedures implemented, any misrepresentation or fraudulent activities in connection with your membership, or any failure to act in a manner consistent with national, county, local laws, regulations, or ordinances, may result, in addition to any rights or remedies available to Akili in law or equity, in the termination of your membership, as well as any other benefits that might have been earned in connection therewith, in Akili's sole discretion.

3. Membership Usage & Participation in Club Activities

Your child may participate in any events, activities or programs of the Club. Please watch our TV channel or visit our website for up-to-date information regarding current activities.

On behalf of your child, you are required to pay an Akili Kids! Club Membership Fee amount of Kes. 1,499 per year for each child.

You agree that participating in the Club’s activities is dependent on you and your child, and the Fee above will not vary or change regardless of whether your child participates in the Club’s activities or not.

You also agree that Akili or participating partners may make reasonable changes to announced activities, programs or events or restrict the use of facilities for maintenance or any other reason. You also agree that all rules and regulations of such activities, events or programs are subject to change.

Your child must present Club identification at the time of check in at any activity, event or program of the Club. Failure to present Club identification may, at Akili’s sole discretion, result in denial of participation in any such activity.

Before your child participates in any event, activity, or program at the Club, please inform us of any special circumstances related to your child's medical or social needs that may require special attention. If any medical or social issues appear when your child is at an event, activity or program of the Club, and those issues prevent providing proper care or attention to any other child or children, Akili reserves the right to terminate your child’s membership.

4. Dues, Fees and Renewals

The Akili Kids! Club Membership is an annual membership. By accepting these terms, you agree that your child will be a member for one (1) year from the date of payment of the Fee herein. Your child’s membership shall expire twelve(12) calendar months from the effective date of activation and may be renewed on an annual basis.

By joining the Akili Kids! Club Membership, and as the case may be, you authorize Akili to charge your credit or debit card for the amount indicated when you join, including any applicable tax and service charge.

If you choose our yearly plan for your child, you further acknowledge and agree that you are personally responsible for payment of all applicable yearly renewal fees until your child’s membership expires.

Late payment will result in suspension of your child’s privileges until you pay all amounts outstanding in full. If a suit is instituted to recover any amounts due to us, you agree to pay interest on the amounts owed at the legal rate, in addition to the monthly service charge, collection fees and attorney's fees accrued by us.

This agreement shall automatically renew at the end of the current term for a successive (12) calendar month term. If you do not want this agreement to renew, you must login to your account and disable automatic renewal.

5. Cancellation

We may terminate membership for cause at any time. If you or your child conduct yourself in an unbecoming manner during an Akili Kids! Club official activity, event or program or on our premises or that of one of our participating partners, or violate any rules or regulations herein, or fail to pay dues and charges, your child’s membership may be classified as high risk (resulting in higher dues), suspended, or cancelled for cause.

It is understood and agreed that if we revoke your child’s membership privileges with cause, or if your child resigns, no refund will be made. Termination of membership shall be a full and complete release of Akili and the Club from any and all liability, claims, demands, actions or cause of actions arising out of, or related to, you or your child’s payment of monthly dues or membership status.

Akili further has the right to remove your child from the Club, not allow future participation and cancel its membership where the Club reasonably deems the child’s behaviour is disruptive, rude, abusive or otherwise inappropriate.

Akili does not tolerate any kind of abuse, violence or bullying. In case such cases appear, Akili will investigate the situation and, in some cases, require a report from parents of the child or children involved. Depending on the case, Akili can issue a warning or cancel the membership of the child immediately.

In case of any other issues related to a child that affects the service provided or endangers other children and/or employees, Akili reserves the right to cancel the activity or membership immediately.

6. Child Protection

Akili subscribes to a child protection policy. Any adult involved in or participating in any event, activity or program of Akili Kids! Club is bound by the terms of the Policy.

7. Privacy

You and your child’s information may be used by Akili, participating partners and assignees to facilitate your child’s membership, and to communicate with you regarding your child’s membership and offers from Akili, participating courses, and their partners and assignees.

Acquired personal data will be used for service and operational purposes only. In case of changes or mistakes in you or your child’s personal data, it is important to communicate this to Akili as soon as possible via email akilikidsclub@akilinetwork.com or change it in the parent portal for Akili Kids! Club Membership as soon as possible.

Akili handles the data of parents and children confidentially. Customer data is not disclosed to third parties. All personal data is secured and stored safely. To read more about personal data, please see our privacy policy:https://akilikids.co.ke/privacy/.

8. Disclaimer & Limitation of Liability

AKILI MAKES NO WARRANTY OF ANY KIND REGARDING THE AKILI KIDS! CLUB MEMBERSHIP, WHICH IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE AKILI KIDS! CLUB MEMBERSHIP WILL BE ERROR-FREE. AKILI FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION DISTRIBUTED WITH RESPECT TO THE AKILI KIDS! CLUB MEMBERSHIP. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU. IN NO EVENT SHALL AKILI BE LIABLE HEREUNDER FOR INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY FOR SUCH DAMAGES. AKILI'S TOTAL LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO ONE THOUSAND, FOUR HUNDRED AND NINETY NINE SHILLINGS (KES.1499.00).

9. Modification

We may, from time to time make changes to the events, activities, programs, participating partners, including both adding and subtracting participating partners to the Club.

We reserve the right at all times to discontinue or modify any part of this Agreement, as we deem necessary or desirable. Additionally, we reserve the right at all times to add or remove services or to discontinue the Akili Kids! Club Membership. We suggest that, on behalf of you and your child, you review these Terms from time to time to ensure that you are aware of any updates we make to these Terms.

10. Communication

All communications go through the following email addresses depending on the service: info@akilinetwork.com; or akilikidsclub@akilinetwork.com. Any other email addresses or variations that are not from Akili should therefore not be trusted.

In addition to emails, the mailchimp.com platform is used to send newsletters, updates and promotions. It is possible to unsubscribe from the newsletters at any time.

11. Miscellaneous

On your behalf and that of your child, you agree to indemnify and hold Akili Network and it’s affiliates harmless from any loss (including lawyer's fees) or liability for personal injury or property damage, resulting from you or your child’s acts arising out of the use of the Akili Kids! Club Membership.

If any provision of these Terms is held invalid, the remainder shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law.

Employees of Akili Partners Limited, it’s partners, and contractors together with their immediate families as well as the agencies associated with Akili Kids! Club are ineligible to participate in any promotions or giveaways by Akili Kids! Club.

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.

In the event that you or we cannot resolve a dispute arising out of these Terms, and if the dispute cannot be settled through negotiation, the Parties agree to initially attempt in good faith to resolve the dispute through mediation before considering litigation as the primary dispute resolution method. One party shall send a written request to the other party to initiate the resolution process. Additionally, the Parties agree that these Terms shall remain in effect until such disputes are resolved or settled through the appropriate legal process.

All complaints are handled according to Akili's complaint procedure. Any complaints can be communicated to the Akili Kids! Club Manager at Akili's location or via email at akilikidsclub@akilinetwork.com.