Terms of service
Terms Of use
The following sets out the terms and conditions on which Times Publishing Limited and/or its subsidiaries (collectively referred to as the "TPL Group", and collectively and individually referred to as "we", "us" or "our" as the context permits) offer you access to and use of our Site (defined below) and Services (defined below).
By visiting, browsing and accessing the Site, and/or using the Services, you are deemed to have read, understood and agreed to be bound by:
- these Kalodu Terms of Use (“Kalodu Terms”);
- our Group Terms of Use at https://www.timespublishing.sg/terms-of-use(“Group Terms”); and
- our Group Privacy Policy at https://www.timespublishing.sg/privacy-statement(“Group Privacy Policy”),
all of which together constitute the entire agreement (the “Agreement”) between us in relation to your access to and use of the Site and the Services. If you do not agree to be legally bound by the Agreement, you are not permitted to access or use the Site and/or Services, or any part thereof.
1. General
1.1 Interpretation: Unless otherwise defined herein, capitalised terms used in the Agreement shall be as defined in the Group Terms and/or Group Privacy Policy, as applicable:
- “Accepted Order” means any Order that is accepted by us in our sole and absolute discretion.
- “Class Bookings” means bookings or reservations for classes, camps, conferences, seminars, workshops and other similar services offered by us and reservation platform on the Site.
- “Gift Card” means the Kalodu Gift Card issued by us, in either digital or physical form.
- “Order” means your offer to purchase a Product/Product(s) on the Site.
- “Product” means any good or service made available on the Site that you may purchase from us, including Class Bookings and subscriptions.
- “Service” means the platform owned and operated by us at the Site, and all features, content, services and applications offered by us to you or made available to you by us on or through the Site or otherwise in connection therewith, and any and all updates, upgrades, supplements and releases thereto as may be provided by us from time to time;
- “Site” means the website at www.kalodu.com which is owned and operated by Marshall Cavendish Education, a subsidiary of Times Publishing Limited, such as may be amended or updated by us from time to time, and/or any other URL that we may specify from time to time, and all web pages thereunder.
- “User Content” means any artwork, ideas, plans, drawings, graphic representations, animations, designs, information, files, data, text, graphics, photographs, usernames, profiles, audio, video, items, links, feedback, comments, submissions, and/or any other content or materials (or their selection and arrangement) that you submit, post or upload to, or make available and/or display on the Site and/or Service, or that you submit to us through any other channel (including by post, email, social media and/or messaging services).
1.2 The TPL Group also offers other services that may be accessible from, linked to or associated with the Site and/or Service, which are governed by additional terms and conditions. Your use of such other services will accordingly be subject to such additional terms and conditions.
1.3 The Site may be accessed by you in any part of the world but some Products, may not be available in your territory. Please read the Product description for the Product’s availability in your territory. Your territory is contingent on the location of your IP address.
2. Eligibility
2.1 You confirm that if you are below 18 years of age, that you have the full consent of your parent or guardian to access and use the Site and Service, and to enter into the terms and conditions in this Agreement.
2.2 If you are the parent or legal guardian of a child under the age of 18, you are agreeing to the Agreement on behalf of yourself and your child(ren) who is/are accessing and/or using the Site and Services.
3. User Account
3.1 You may browse the Site to a limited extent, without signing up for an account. However, some of the services offered on the Site are available to registered users only.
3.2 We reserve the right, in the exercise of our sole discretion, to refuse to offer access to or use of the Site and/or Service to any person or entity, refuse any account application, to suspend or terminate any Service account and/or to change the eligibility criteria for registration at any time, for any reason and without notice to you.
4. Collection, Use and Disclosure of Information
4.1 When you access and/or use the Service, we may collect, use and disclose the information you provide us, or which we obtain from your use of the Service, in accordance with the terms of the Group Privacy Policy. Without prejudice to the generality of the provisions in the Group Privacy Policy, such information may include:
- personal data including your name, gender, birthday, country of membership, email address and mobile phone number;
- information that you provide in your Membership Application Form or Event or Workshop Registration Form;
- your purchase history, including purchase dates, products purchased and purchase amounts;
- non-personal data including information about the hardware you may own, your favourite websites, friend information (such as friends of yours that are also connected to our Service), and your physical location;
- aggregate information including internet protocol addresses, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of this activity;
- information on your activities on the Service; and/or
- identification information about your IP address(es) and operating system(s), and the purposes for which such information is collected, used and disclosed include:
- improving the Site and/or the Service;
- enabling Suppliers or Third Party Merchants to process or contact you regarding your orders with them,
- policing and enforcing the provisions of the Agreement;
- sending you information, promotions and updates including advertising and marketing materials for our products and services and those of third parties selected by us;
- sending you marketing messages in various modes including by electronic mail, electronic direct mail, direct mailers, short message service, telephone calls, facsimile and other mobile messaging services;
- comparing it with information from other sources;
- monitoring third party programs running concurrently with the Service, in order to detect the use of unauthorised third party programs; and/or
- where we believe that doing so is necessary for protecting your safety or the safety of others.
4.2 Third party applications, software, social networks and services, including those made available by Suppliers or Third Party Merchants (“Third Party Services”) may be used in conjunction with or accessed in the course of the use or provision of the Service. Information may be collected from you through or provided to us by such Third Party Services, and you consent to the collection, use and disclosure of such information in accordance with the relevant Third Party Service’s terms and policies, including in the manner set out below:
(a) Google
The Service uses Google Maps, Google Analytics and other services operated by Google in the operation thereof. You agree that your data (which may include Personal Data) may be disclosed to Google in order to enable Google to provide the services necessary to support the Service and allow it to work as we intend. Additionally, Google may use the data collected from you to contextualize and personalize the ads of its own advertising network. For information on how Google collects and use your information, please refer to their Privacy Policy at http://www.google.com/privacypolicy.html. We use Google Maps to collect, use, share and track your location data or geographic position in order to provide location-based services to our users. Consequently, your location may be visible and/or disclosed to Google and/or our third party service providers. We use Google Analytics, a web analysis service provided by Google, to collect information about use of the Service, such as how often users visit the Service, what pages they visit when they do so, and what other sites they used prior to coming to the Service. Google utilizes the data collected to track and examine the use of the Service, to prepare reports on the activities thereon and to share them with other Google services. For more information on Google Analytics, please visit Google Analytics at http://www.google.com/analytics/.
(b) Hubspot
Hubspot is a marketing platform that makes it easy for our business to create, send out and monitor email marketing campaigns. We use Hubspot to store and manage customer information, build, and segment our audience, and then leverage that data to create effective email marketing campaigns and monitor or analyse the performance all on one platform. We also use Hubspoty transactional email, a delivery API, or application programming interface, that delivers transactional emails to customers without overseeing the whole process yet stays on top of the analytics. For more information on Hubspot, please refer to their Privacy Policy at HubSpot Privacy Policy.
4.3 If your child is under the age of 13, you understand and agree that we may provide information submitted to us, or collected via the Service to third parties (including third-party security monitoring services, web-hosting companies, payment processors, logistic providers, Suppliers and Third Party Merchants) who use such information for the purpose of supporting our provision of the Service, and you consent on his/her behalf to our collection, use and disclosure of his/her personal information in accordance with the Agreement and our Group Privacy Policy.
4.4 We may use third-party advertising companies to serve ads on the Service. We do not provide any personal information to third-party advertising companies on a non-aggregate basis. Our system and the third-party advertising technology may use aggregate information, non-personal information, our cookies on your hard drive and your use of the Service to target advertisements. In addition, advertisers may use other third-party advertising technology to target advertising on other sites. If advertisements are served to you, a unique third-party cookie or cookies may be placed on your computer. Similarly, third-party advertising companies may provide us with pixel tags (also called “clear gifs” or “beacons”) to help manage and optimise online advertising. Beacons enable us to recognise a browser’s cookie when a browser visits the site on which is beacon is located, and to learn which banner ads bring users to a given site.
4.5 For more information on the collection, use and disclosure of your information, please refer to the Group Privacy Policy, which is hereby incorporated into the Agreement in its entirety, save that any requests and queries relating to Personal Data given in connection with the use of the Service, shall be addressed and directed to TPL Group’s Data Protection Officer at dpo@mceducation.com.
5. Maintenance, patches and updates
You acknowledge and agree that we have no obligation whatsoever to furnish any maintenance and support services with respect to the Site and/or Service. Notwithstanding the foregoing, you acknowledge and agree that we may need to interrupt or suspend your access to the Site and/or Service from time to time, for maintenance, technical or other reasons.
6. Communication Channels
6.1 The Service may provide communication channels such as and including forums, communities, message boards or chat areas (“Communication Channels”) designed to enable you to communicate with other users. We have no obligation to monitor these Communication Channels but may do so and reserve the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at our sole discretion. We may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are not endorsed nor controlled by us, and these communications should not be considered reviewed or approved by us. We will not under any circumstance be liable for any activity within Communication Channels, and you participate in the same at your own risk.
6.2 You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. Additionally, we may monitor, record, review, modify and/or disclose your communications on the Communication Channels, without notice to you, and you hereby consent to such monitoring, recording, review, modification and/or disclosure.
6.3 We are not responsible for User Content, personal data or other information that you choose to share on the Communication Channels, or for the actions of other users.
7. Rules of Conduct/Usage
7.1 You shall use the Service in a lawful manner at all times and hereby undertake NOT to do any of the following in connection with your use of the Service:
- post, upload, transmit or otherwise disseminate information that is unlawful, tortious, defamatory, abusive, harmful, invasive of another’s privacy, obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable or offensive;
- defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, or make personal attacks against other users or statements that are racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable;
- upload, post, publish, distribute, disseminate or otherwise transmit any content in breach of any law or any obligations under contractual or fiduciary relationships (including obligations of confidentiality);
- upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Site, Service or other users’ computers;
- infringe our, or any third party’s intellectual property rights, rights of privacy or publicity, or any other rights including using, uploading, transmitting, distributing, or otherwise making available any information through the Site and/or Service in any manner that infringes such rights;
- attempt to obtain passwords or other private information from other users;
- access, tamper with, or use non-public areas of the Site, Service, our computer systems, or the technical delivery systems of our providers;
- attempt to probe, scan, or test the vulnerability of our systems or networks or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent technological measures implemented to protect the Site, Service or User Content;
- attempt to access, search or download the Site, Service or User Content, through the use of any technology or means other than those provided or authorised by us (including automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
- extract, scrape, index, copy, or mirror the Site, Service or User Content or portions thereof;
- frame or link to any part of the Site or Service without our written permission;
- take any action that imposes, or may impose in our opinion, an unreasonable or disproportionately large load on our infrastructure;
- do anything that would interfere with, alter or disrupt the Service or the operation of the Site, or the servers or networks connected to the Service, or infringe any requirements, procedures, policies or regulations of networks connected to the Site and/or Service, or inhibit or interfere with another user’s use and enjoyment of the Service;
- violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Site and/or Service;
- do anything that would interfere with or disrupt the Site, Service or servers or networks connected to the Service servers, or infringe any requirements, procedures, policies or regulations of networks connected to the Service, or interfere with another user’s use and enjoyment of the Service; and/or
- attempt to gain unauthorised access to the Service, other users’ accounts on the Service, user passwords, private or personal information of users of the Service, or private mailing lists on the Service through password mining or any other means.
7.2 Failure to comply with any provision under the Agreement constitutes a material breach. We will determine, in our discretion, whether a breach has occurred through your use of the Service. Where we determine that such a breach has occurred, we may take such action as we deem appropriate including:
- immediate, temporary or permanent removal of any content uploaded by you;
- immediate suspension or termination of your access to and/or use of the Service or any part thereof;
- issuance of a warning to you;
- instituting legal proceedings against you for such breach; and/or
- disclosure of such information related to the breach to law enforcement authorities as we may feel is necessary.
You agree that we need not provide you notice before terminating or suspending your account.
8. User Content
8.1 You hereby grant us a non-exclusive, world-wide, royalty-free, perpetual, irrevocable, sub-licensable licence to use, display, reproduce, modify, adapt, publish, broadcast, distribute, exploit and create derivative works of your User Content in whole or in part, for any purpose as we may require in our sole discretion, including for commercial, non-commercial and/or promotional use. You warrant that the use or reproduction of your User Content by us will not violate or infringe the rights of any third party, and you hereby agree to indemnify, defend and hold us harmless for all claims, liabilities, damages and expenses (including legal fees and expenses on a solicitor-client basis) arising from your breach of this warranty.
8.2 Each user of the Service is responsible for the User Content that it uploads or posts on the Service and we make no warranty as to its accuracy, quality, legality or integrity. You agree that we will not under any circumstances be liable for any User Content, including errors or offensive material in any User Content.
8.3 We have no obligation to regulate User Content but may do so. We reserve the right to review all User Content on the Service and to remove any User Content for any reason in our sole discretion without notice.
9. Limited Licence
9.1 Subject to your agreement to and continuing compliance with the Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Site and the Service.
9.2 You may not:
- copy, modify, or create derivative works based on, the Service or any part thereof;
- distribute, transfer, sublicense, lease, lend, or rent the Service or any part thereof ;
- reverse engineer, decompile, or disassemble the Service or any part thereof;
- make the functionality of the Service or any part thereof available to multiple users through any means; and/or
- use scripts to automatically mass download any content from the Service or any part thereof, or engage in or allow the automatic gathering of information or the automatic extraction of data from the Service (including “spidering”, “screen scraping”, “database scraping” or harvesting of e-mail addresses).
9.3 We reserve the right to change, suspend, remove or disable access to the Service or any part thereof at any time without notice. In no event shall we be liable for the removal or disabling of, or for suspending or imposing limits on, access to or use of the Service.
Limitation of Liability
In the event that we are liable for damages despite the provisions in the Group Terms of Use (including the provisions under the heading “Limitation of Liability”), and without prejudice to the terms thereof, you agree that our maximum cumulative liability to you, if any (arising from or in connection with the sale of Products under an Accepted Order) under any and all causes of action, shall not exceed in the aggregate the sums paid by you to us under such Accepted Order.
10. Promotional Codes and Vouchers
10.1 We may from time to time offer discounts or run promotions, contests, surveys, privileges, events and other programmes (“Promotions”). Promotions shall be effective only for the applicable promotional period and on a “while stocks last” basis, and shall be subject to such other additional terms and conditions as we may publish from time to time.
10.2 The use of credits, vouchers, coupons and codes (“Vouchers”) are subject to the following terms as well as any other Voucher terms printed on the Voucher or specified on the Site or email from us where the Voucher was offered (“Specific Voucher Terms”):
- each Voucher is eligible for a single use only (unless otherwise specified) and is only valid for the time period specified by us;
- we reserve the right to withdraw or deactivate any Vouchers (other than a paid-up gift card) for any reason at any time;
- Vouchers may only be redeemed by purchasing certain products from the Service during the applicable validity period. Unless otherwise stated, Vouchers are only applicable to regular-priced Products and do not apply to the Products already on discount or promotion and other excluded items specified in the Specific Voucher Terms;
- Vouchers cannot be used in conjunction with any other Promotions or Vouchers, unless otherwise stated;
- some Vouchers are subject to a minimum purchase requirement. Taxes, and other charges do not apply towards meeting the minimum purchase amount;
- Vouchers cannot be refunded, redeemed or exchanged for cash;
- if the credit of the Voucher is insufficient, you must pay for the balance of your purchase;
- resale, transfer and sharing of Vouchers are strictly prohibited, save that gift vouchers, if offered by us, may be purchased by you and given to others;
- no reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Vouchers is allowed;
- Vouchers are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used;
- we reserve the right to verify the validity of any Voucher and to declare null and void and charge full price for Products purchased, any Voucher that in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used; and
- each Voucher type has different requirements and rewards including Specific Voucher Terms, and such terms must be met in order to be eligible for the Voucher and to receive the discount or offer covered therein.
10.3 Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” and while stocks last basis. No cash or credit will be offered in lieu of the gift. Where you are permitted to return any Product to us for a refund/credit and such Product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such Product. Where the promotion or discount had applied to the entire Accepted Order, we will refund you the selling price of the returned Product less the promotion or discount applied to the returned Product on a pro-rata basis. Further, any free promotional gift given with an Accepted Order must also be returned if you are returning the Product(s) to which the gift related. If the total value of your Accepted Order is reduced below the value of the qualifying free delivery or any promotion/discount qualification because of a returned Product, we may charge the delivery fee and/or the full value of the Accepted Order without the promotion or discount.
10.4 Our decision on all matters relating to Promotions, Vouchers and other rewards and privileges is final and binding.
10.5 We reserve the right to alter, withdraw or discontinue any Promotion or Voucher at any time without notice or liability.
11. Gift Cards
11.1 The purchase and use of Gift Cards is subject to such other additional terms and conditions as we may stipulate from time to time, and we reserve the right to change such terms at any time.
11.2 The Gift Card is available in specific denominations. It is not redeemable for cash and cannot be returned for a cash refund, resold or used to buy another gift card.
11.3 Gift Cards must be redeemed within one (1) year from the date of issue. The one-year validity cannot be extended. Any balance credit unused when the Gift Card expires cannot be refunded.
11.4 If the total price of your Order exceeds the amount in your Gift Card, you must pay for the balance of your purchase.
11.5 We shall not be responsible for any lost or stolen Gift Card and reserves the right to close customer accounts and request alternative forms of payment if a Gift Card is fraudulently obtained or used on the Site.
11.6 We reserve the right to correct the Gift Card balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any Gift Card if we suspect fraud, unlawful activity or improper use of a Gift Card.
12. Advertising
We may attach banners, java applets and/or such other materials to the Site for the purposes of advertising our (or our affiliates', or Third Party Merchants’) products and/or services.
13. Contact Us
If you have any questions or comments about these Kalodu Terms, please contact us at helpdesk@kalodu.com.
Schedule 1
Sales Terms
Purchases of Products shall be subject to the following terms and conditions (“Sales Terms”):
Return and Exchange of Products
We accept exchange within 7 days from the date of purchase.
Customer is required to present the original receipt as proof of purchase. Exchange product(s) is only available when the system has issued a incorrect product. Product(s) can be exchanged at Kalodu subject to availability.
1.1 Product(s) sold at marked-down prices due to existing defects are not eligible for exchange or return.
1.2 Vouchers and gift cards sold are non-refundable/non-exchangeable.
1.3 Product(s) purchased by using a shopping mall voucher is allowed for exchange only; strictly no return or refund is allowed. The customer(s) must strictly comply with the terms and conditions of the shopping mall voucher.
1.4 Kalodu reserves the right to reject any exchange that does not fulfil any of the above stated requirements and amend this policy at any time.
Additional Terms
In addition to the terms and conditions of the Agreement, the sale, use and/or ability to deal with certain Products, may be subject to additional terms and conditions (including those imposed by the applicable Supplier) ("Additional Terms"), which will apply in full force and effect. Such Additional Terms include without limitation, those specified below:
2.1. Class Bookings
Purchase of each Class Booking offered by us, is subject to such additional terms and conditions as we may specify on the applicable description or webpage relating thereto on our Site.