IMPORTANT NOTICE IF YOU ARE IN THE USA: THIS TERMS OF SERVICE AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN SECTIONS 15 AND 17 BELOW. PLEASE READ CAREFULLY.
You represent that you are legally able to accept these Terms, and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so. If you are 13 years or age or younger, you may only use the Services with the express consent of your parent, or legal guardian, or an adult legally permitted to consent for you such as your teacher or psychologist or therapist with the knowledge of your parent or legal guardian.
Sometimes things change. We reserve the right to change these Terms at any time. Such changes will be effective when posted. If we make a material change to these Terms, we will notify you as required by law. By continuing to use the Services after we post any such changes, you accept the Terms as modified.
You probably already know these but communications are clearer when explicit. When accessing or using the Services, you must not:
a) Violate these Terms, any additional agreements you enter into with Bramble in connection with the Services, Bramble policies, or any law or regulation;
b) Engage in or encourage any activity that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
c) Permit or encourage any of Your Child Users to take any action that these Terms do not permit you to take;
d) Permit or encourage any of Your Child Users to use the Services or Service Content in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
e) Infringe or violate the intellectual property rights or any other rights of anyone else (including Bramble);
f) Post any content that contains any information that you know is not correct or current;
g) Post any content or take any action that advertises or solicits business for products or services other than those that are offered and promoted on the Services;
h) Collect any personally identifiable information from Users of the Services or use any such information found on the Services;
i) Engage in activity that jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Services as you or logging into the Services as someone else);
j) Attempt, in any manner, to obtain the password, account, or other security information from any other User;
k) Violate the security of any computer network, crack any passwords or security encryption codes;
l) Bypass the measures we may use to prevent or restrict access to the Services or access content through any means other than those authorized by the Services;
m) Take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
n) Use a third party’s credentials, conceal your true IP address, manipulate or forge identifiers, or otherwise impersonate or misrepresent your identity, or your affiliation with any person or entity;
o) Copy, distribute, or disclose any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
p) Use “robots,” “crawlers,” “spiders,” or automated means to access the Services or disregard any instructions in robots.txt files present on the Services;
q) Obtain, or attempt to obtain, access to areas of the Services or our systems that are not intended for access by you;
r) Send spam, chain letters or other unsolicited communications;
s) Post any content or take any action that contains or distributes any virus, malware, spyware or other malicious or harmful content or code;
t) Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services; or
u) Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of items, or attempt, permit, encourage, assist, or allow any other violation of these Terms.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services. A violation of any of the foregoing by Your Child User is grounds for termination of your and Your Child User’s right to use or access the Services.
Use of the Services is void where prohibited.
So we’re clear on ownership, we or our licensors or partners own the intellectual property rights in the content and materials displayed on the Services (“Service Content”). You may use the Services (including any Service Content) for your own personal, non-commercial use, but you may not use it for commercial purposes without our written consent. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Service Content unless explicitly authorized in these Terms or with our written consent. You may, however, download and/or print one copy of individual pages of the Services for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may also download and install a copy of Bramble App on a device that you exclusively control and to run such copy of the Bramble App solely for your own personal use. If you are a Parent, you may also download and/or print one copy of individual pages of the Services for use by any biological or adopted child of yours, or with our knowledge and permission, any student for whom you are legally permitted to act in loco parentis in connection with a legally accredited school, or with our knowledge and permission, and the knowledge and permission of the patient’s parent or legal guardian, any patient with whom you have a legally cognizable doctor-patient, psychologist-patient, or therapist-patient relationship.
We welcome your suggestions. But of course, if you or Your Child User publicly posts any materials or content to us or the Services, including our blog (“User Content” or “Your User Content”), you grant us and our business partners a non-exclusive, royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, in any form or media, and via any technology we choose, whether it exists now or is created in the future.
You represent that (i) any materials and content posted or otherwise submitted by you to us or the Services is original to you and that you have the right to grant us these rights, (ii) the submission of or posting and use of your materials and content on or through the Services do not violate, misappropriate or infringe on the rights of any third-party, including, without limitation, privacy rights, rights of publicity, copyrights, trademark and/or other intellectual property rights, and (iii) such posts or submissions and the content contained therein abide by the Rules of Conduct set forth in these Terms.
We welcome your input. You may choose, or we may invite you, to submit content, comments or ideas about the Services and our other products and services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Bramble under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Idea, Bramble does not waive any rights to use similar or related ideas previously known to Bramble, developed by its employees, or obtained from sources other than you.
Bramble takes no responsibility and assumes no liability for Your User Content or User Content that any other User or third party submits, shares, posts, or sends over the Services. You shall be solely responsible for Your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for the online distribution and publication of such User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, inappropriate for Your Child User, or otherwise unsuited to your purpose, and you agree that Bramble shall not be liable for any damages you allege to incur as a result of User Content. You understand that we have no obligation to moderate User Content, but we reserve the right to do so. Our employees, agents, representatives, or anyone acting on our behalf have no authority to make binding commitments, promises or representations to anyone regarding moderation of the User Content, and you agree that we or anyone acting on our behalf shall not be liable as a result of such a representation.
We want to give you a personal experience and protect children. To access certain features or areas of the Services, you may be required to provide personal and/or demographic information as part of a registration or log-in process, including but not limited to your age, birthdate, your pronoun, and your relationship to Your Child User, and Your Child User’s age, pronoun, and birthdate. In addition, certain features of the Services are only available to our registered users, and to access those areas of the Services you and/or Your Child User will be required to log in.
You agree to provide true, accurate, current and complete information about yourself and Your Child User as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). Failure to accurately and completely provide, and timely update, information about yourself or Your Child User is reasonable grounds for us to suspend or terminate your account or that of Your Child User and refuse you or Your Child access to the Services in the future. The information you submit must describe you (you may not impersonate another person or entity), and you and Your Child User may not sell, share or otherwise transfer your account information.
You are responsible for all activity occurring when the Services are accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account. We are not liable for any loss or damage arising from your or Your Child User’s failure to protect your password or account information.
Users may access the Services through Bramble App, a free-of-charge application.
To the extent the Services or any portion thereof are made available for any fee, you may be required to select a payment plan and provide us information regarding your credit card or other payment method, which may include an intermediary provider such as Stripe, iTunes, Google Play, the Apple Store, or a similar app store (“App Store”). You represent and warrant to us that such information is true and that you are authorized to use the payment method. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay us the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms. You hereby authorize us or an App Store to bill your payment method in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let us know within sixty (60) days after the date that we charge you. We may add new services for additional fees and charges, or add or amend fees and charges for existing Services, at any time in our sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all fees and taxes associated with the Services.
You may cancel your account at any time; however, there are no refunds for cancellation except (a) as expressly set forth herein, and/or (b) as required by applicable law. In the event that Bramble suspends or terminates your account or these Terms, you understand and agree that you shall receive no refund or exchange for any Service Content, any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account or for anything else.
You can terminate your use of the Services at any time by ceasing further use of the Services. Cancellation is effective at the end of the applicable monthly period. Please make such cancellation from your customer account on the Website, or by emailing email@example.com. Any unpaid amounts you owe to Bramble for Services purchased will remain due. At our sole discretion, we may modify or discontinue the Services, create usage limits for the Services, or deny, suspend or terminate your access to, the Services, at any time and for any reason. In the event that we suspend or terminate your access to and/or use of the Services, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination and unpaid amounts you owe to Bramble for Services purchased will remain due.
If you purchase a subscription through the iTunes Store, or via Bramble App on iPhone or iPad, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Services, your submissions to the Services, or any violation of these Terms, applicable law, or the rights another, by you or by someone accessing the Services via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms and the termination of your use of the Services.
We control and operate the Services from our facilities in Singapore and offer Services in the United States of America and, unless otherwise specified, the materials displayed on the Services are presented solely for the purpose of helping you have conversations with your children that bring both of you closer together in Singapore and in the United States of America, its territories, possessions and protectorates. We do not represent that materials on the Services are appropriate or available for use in other locations. If you choose to access the Services from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
We control and operate the Services from our facilities in Singapore. These Terms are governed by the laws of Singapore, without giving effect to any conflict of laws rules or principles. To the extent that any Dispute, lawsuit or court proceeding is permitted under the Terms, you and Bramble agree to submit to the personal and exclusive jurisdiction of the Singapore Courts. We make no representation that the Service is appropriate or available for use in other locations.
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH BRAMBLE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Other than those matters described under ‘Exclusions from Arbitration’ below, all disputes, claims, or controversies arising out of or relating in any way to these Terms (including any breach thereof, and including any question of this Agreement’s existence, validity, or termination, or the enforceability or scope of this section), the Services or any Service Content thereon (each, a “Dispute”), that cannot be resolved through negotiation, the parties hereto agree first to try and settle by mediation, administered by the International Centre for Dispute Resolution under its Mediation Rules. If you have a Dispute with us, you must send written notice to our legal department at 23 Greenbank Park, Singapore 589384, Singapore to give us the opportunity to resolve the Dispute informally through negotiation. We believe this is always the best solution for all of us.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved Dispute or controversy or claim arising out of or relating to this contract shall be settled by final binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution.
The International Expedited Procedures of the International Centre for Dispute Resolution shall apply regardless of the amount in dispute. All Disputes shall be heard by a single arbitrator. The place of arbitration shall be Singapore. The language of the arbitration shall be English. Regardless of the amount in dispute, evidence will be taken by the submission of documents only. The award shall be rendered within 2 months of the commencement of the arbitration, unless such time limit is extended by the arbitrator. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of (all/both) parties. Judgment on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof in any country.
Notwithstanding the section above, you and we agree that any Dispute filed by either party in small claims court is not subject to the arbitration terms contained in this Section. You and we also agree that Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Services shall not be subject to arbitration, and the notice and good faith negotiation required by the Binding Arbitration section in this Agreement shall not apply to these types of disputes.
The arbitrator, and not any federal, state or local court or agency in Singapore or the United States of America shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of the Binding Arbitration section in this Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Bramble. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or Dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Bramble are instead electing that all covered claims and Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and an arbitration award is subject to very limited if any judicial review.
IF YOU ARE IN THE UNITED STATES, PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we specifically agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the Disputes, claims, or controversies will not be subject to arbitration and must be litigated in Singapore, or where applicable, the United States District Court for the Southern District of New York or, if such court would not have jurisdiction over the matter, then in a New York state court sitting in the borough of Manhattan, City of New York.
If any clause within this Arbitration and Class Action Waiver Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
This Class Action Waiver Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Bramble, or any employee, officer, director, or investor of Bramble, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.
This Class Action Waiver section shall survive any termination of your account or the Services for any reason.
The Services and Service Content are provided solely for educational purposes. You agree that use of the Services or Service Content is at your own risk. We provide the Services, and any Service Content presented or authored or displayed or generated by Bramble, on an “as is” and “as available” basis. AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. This means that we make no promises that: the Services or Service Content will be available at any particular time; the Services or Service Content will meet any particular requirements or provide any particular results; the information on the Services will be accurate or up-to-date; the Services or Service Content or information transmitted to or from it or stored on it will be secure from unauthorized access; the information and materials that you store in your account or on the site will remain retrievable and uncorrupted; or the Services will be uninterrupted or error-free or will be free of viruses or other harmful components, or that defects will be corrected.
The Services and Service Content are not intended to, and do not, constitute medical or healthcare or mental health advice or diagnosis, and may not be used for such purposes. You should always consult with a qualified physician, or other mental health or healthcare provider about your specific circumstances, including before starting any treatment, medical or mental health related or otherwise.
These disclaimers apply to us and our affiliated and related companies as well as third parties that are involved in the creation, production or distribution of the Services and Service Content, and any of their employees and agents.
Certain state laws in the United States do not allow limitations on implied warranties. If these laws apply to you, some or all of the foregoing disclaimers, exclusions and limitations may not apply to you, and you might have additional rights.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE GREATER OF USD $100.00 OR WHAT YOU PAID FOR THE SERVICES. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OBTAINED FROM THE SERVICE); (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
EACH PROVISION OF THE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE TERMS. THE LIMITATIONS IN THIS LIMITATION OF LIABILITY SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
In no event will we or any of our subsidiaries or other affiliates, or any of our or their directors, officers, employees, agents or content or service providers, be liable for any damages (including, without limitation, direct, indirect, special, incidental, consequential, exemplary or punitive damages) arising from, or directly or indirectly related to, the use of, or the inability to use, the Services (or the Service Content, materials and functions provided as part of the Services), whether in an action of contract, negligence, or strict liability, even if we knew, should have known or had been advised of the possibility of such damages. Notwithstanding and without limiting the foregoing, you agree that our liability and the liability of our affiliates, and of any of our or their directors, officers, employees, agents or content or service providers, if any, arising out of any kind of legal claim in any way relating to the use of the Services, will not exceed the amount you have actually paid to us, if any, for use of the Services, or, if applicable, for use of the specific Services feature or Service Content from which the claim in question first arose.
Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitations may not apply to you. In such states, our liability and the liability of our affiliates, and our and their directors, officers, employees, agents or content or service providers, is limited to the fullest extent permitted by such state law. If you are a resident of New Jersey, this section does not apply to prevent a right to recover certain damages (including punitive damages) where a harmed person proves with the required evidence that the harm suffered was the result of the defendant’s “acts or omissions and such acts or omissions were actuated by actual malice or accompanied by a wanton and willful disregard of persons who foreseeably might be harmed by those acts or omissions.” Similarly, this section does not limit Bramble’s tort liability under New Jersey law resulting from Bramble’s own intentional or reckless conduct.
Electronic Communications. You consent to receive communications from us in an electronic form and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Entire Agreement. These Terms and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Services, constitute the entire agreement between us and you with respect to the Services.
Assignment. This agreement is personal to you and you may not assign it to anyone.
Third Party Beneficiaries. You and Bramble agree there are no third party beneficiaries intended under these Terms.
Exclusive Venue. Any claim or Dispute between you and Bramble that arises out of or is related to the Services and is not subject to arbitration shall be decided exclusively by a court of competent jurisdiction only in Singapore or, if such court would not have jurisdiction over the matter, then only the United States District Court for the Southern District of New York, or if such court would not have jurisdiction over the matter, then only in a New York state court sitting in the borough of Manhattan, City of New York. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in these courts.
Statute of Limitations. You agree that regardless of any law to the contrary (including any relevant statutes of limitation), any claim or cause of action that you may have arising out of or related to use of the Services , or these Terms, must be filed by you within one year after such claim or cause of action accrued or be permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Waiver. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by both you and Bramble to be legally binding.
Severability. Subject to Sections 15 (Binding Arbitration) and 17 (Class Actions), if any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavour to give effect to intentions reflected in such provision, and the other provisions of these Terms will remain in full force and effect.
How to Contact Us: If you have any questions, complaints or claims with respect to the Services, please contact us at firstname.lastname@example.org or via the Contact Us form in the Bramble website.
Effective Date: 30 Aug, 2021