PLEASE READ CAREFULLY. These Terms contain a binding arbitration option, limitations of liability, a release of claims, a class action waiver, and an indemnity. By creating an account or using the Service, you agree to these Terms.
1. About These Terms
These Terms of Service (the “Terms”) form a legally binding agreement between you (“you”, “User”, “Parent” or “Provider” as applicable) and Cultiv8 Club Limited, a company incorporated in Hong Kong (Business Registration Number: 78268965; registered office: 2/F, Tower 1, Tern Centre, 237 Queen’s Road Central, Sheung Wan, Hong Kong) (“Cultiv8”, “we”, “us”, “our”). The Terms apply to your access to and use of the Cultiv8 Club mobile application, website, and related services (collectively, the “Service”).
By accessing or using the Service, ticking an acceptance box, or clicking “I agree”, you confirm that you (a) have read, understood and accepted these Terms and our Privacy Policy, (b) are at least 18 years old and legally capable of entering into a binding contract under Hong Kong law, and (c) where applicable, are the parent or legal guardian of any child you register and have full legal authority to consent on the child’s behalf.
If you do not agree, you must not use the Service.
2. The Role of Cultiv8 — Platform Only
Cultiv8 is a neutral technology platform. We connect parents and legal guardians (“Parents”) with independent third-party activity providers (“Providers”) and facilitate discovery, booking, communication, and payment for children’s activities, classes, camps and experiences (“Activities”).
You expressly acknowledge and agree that:
(a) We are not a Provider. We do not own, operate, control, supervise, deliver, instruct, coach, supervise children at, or otherwise participate in any Activity. Providers are independent contractors and not our employees, agents, partners, or joint venturers.
(b) Our Provider checks are limited; we do not vouch for Providers. Before a Provider may list Activities, we require the Provider to (i) upload a valid Hong Kong Business Registration Certificate, (ii) sign a written declaration confirming, on a basis the Provider must re-confirm annually and within seven (7) days of any change to its Personnel structure, that all staff in contact with children hold current Sexual Conviction Record Check (“SCRC”) results, that the Provider holds all licences required by Hong Kong law, and that the Provider maintains public liability insurance of at least HK$10,000,000, and (iii) provide a copy of its insurance certificate and complete payment-processor identity verification. We sight these documents; we do not independently verify their authenticity, currency, or the underlying facts. We do not conduct criminal record checks, perform SCRC verifications, contact insurance carriers, inspect Provider premises, audit staff or volunteer rosters, monitor ongoing staff turnover, or carry out child-safeguarding audits. The Provider’s declaration is contractually binding on the Provider, but it is not a guarantee from Cultiv8 to you. You remain solely responsible for assessing any Provider before booking. We strongly encourage Parents to (i) ask the Provider to show current SCRC results for any instructor working with their child, (ii) confirm the Provider’s licensing and insurance directly with the Provider, and (iii) visit the Activity location before enrolling.
(c) Contracts are between Parents and Providers. Any booking creates a direct services contract between the Parent and the Provider. Cultiv8 is not a party to that contract. We are not liable for the performance, non-performance, quality, safety, legality, accuracy, or any other aspect of any Activity, Provider listing, or Provider conduct.
(d) We are not a fiduciary, agent, escrow agent, or trustee of any user. Payment collection (see clause 8) is a technical service rendered to Providers and does not make us a party to the underlying transaction.
3. Eligibility and Account
3.1 Eligibility
You must be 18 years or older and resident in or operating in Hong Kong. The Service is offered to adults only; children may not create or hold accounts.
3.2 Registration
You agree to provide accurate, current and complete information at registration and to keep it current. You are responsible for all activity occurring under your account and for safeguarding your credentials. Notify us immediately at security@cultiv8.club of any unauthorised access. We are not liable for losses arising from your failure to secure your account.
3.3 Parental Authority
By registering a child, you represent and warrant that you (a) are the child’s parent or legal guardian, (b) have full legal authority to consent to the collection, use, and disclosure of the child’s data and image, (c) have the other parent’s or guardian’s consent where required by law or family arrangement, and (d) accept full responsibility for the child’s participation in any Activity booked through the Service.
3.4 Provider Accounts
Providers represent and warrant on a continuing basis that they (a) hold all licences, registrations, permits, qualifications and insurance required by Hong Kong law to deliver the Activities they list, including without limitation any registration required under the Education Ordinance (Cap. 279), the Child Care Services Ordinance (Cap. 243), or the Places of Public Entertainment Ordinance (Cap. 172), as applicable; (b) maintain in force public liability insurance with a reputable insurer for not less than HK$10,000,000 per occurrence; (c) comply with all child-safeguarding and child-protection obligations; (d) ensure all instructors, staff and volunteers in contact with children have provided current SCRC results to the Provider; and (e) comply with the Trade Descriptions Ordinance (Cap. 362), the Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”), and all other applicable laws.
4. Acceptable Use
You must not, and must not permit any third party to:
- use the Service for any unlawful, fraudulent or abusive purpose;
- violate any Hong Kong law or regulation, including the Crimes Ordinance (Cap. 200), the Prevention of Child Pornography Ordinance (Cap. 579), the Personal Data (Privacy) Ordinance, the Trade Descriptions Ordinance, the Sex Discrimination Ordinance (Cap. 480), the Disability Discrimination Ordinance (Cap. 487), the Family Status Discrimination Ordinance (Cap. 527), or the Race Discrimination Ordinance (Cap. 602);
- discriminate against, harass or victimise any user, Provider, child, instructor or staff member on the basis of sex, marital status, pregnancy, disability, family status or race;
- upload, share or transmit any content that is illegal, harmful, harassing, defamatory, obscene, infringing, or that depicts or sexualises minors;
- impersonate any person or misrepresent affiliation;
- attempt to access another user’s account, data, or devices without authorisation;
- interfere with, probe, scan, or test the security or integrity of the Service, or circumvent any access or rate limit;
- scrape, harvest, or use automated means (bots, crawlers, AI agents) to extract data, except as we expressly permit in writing;
- upload viruses, worms, malware, or any code or content designed to disrupt the Service;
- reverse engineer, decompile, or attempt to derive source code from the Service except as permitted by law;
- use the Service to send unsolicited marketing in breach of the Unsolicited Electronic Messages Ordinance (Cap. 593);
- use the Service in any way that could damage the reputation, image or goodwill of Cultiv8.
We may investigate suspected breaches, cooperate with law enforcement, preserve and disclose information as required by law or court order, and remove content, suspend or terminate accounts at our sole discretion.
5. Child Safety, Inherent Risk and Acknowledgment
5.1 Activities Carry Risk
You acknowledge that children’s activities — including but not limited to sports, swimming, gymnastics, martial arts, climbing, dance, music, art, outdoor camps, field trips, transport to and from venues, and any physical or skill-based activity — carry inherent risks of personal injury, illness, property damage, emotional distress, or in rare cases, death. These risks cannot be eliminated and may arise from the conduct of the Provider, instructors, other participants, equipment, the venue, weather, or the child’s own actions.
5.2 Voluntary Assumption of Risk
By booking an Activity for your child or yourself, you voluntarily assume all such inherent risks on behalf of yourself and your child, to the maximum extent permitted by Hong Kong law. You are solely responsible for ensuring that any Activity is suitable for your child’s age, ability, health, and any medical conditions.
5.3 Release of Cultiv8
To the maximum extent permitted by law, you (on your own behalf and, to the extent you are lawfully able to do so on their behalf, on behalf of your child, your estate and your heirs) release, waive and discharge Cultiv8 and its officers, directors, employees, agents and contractors from any and all claims, demands, actions and causes of action arising out of or relating to any Activity, Provider conduct, or any injury, illness, loss or damage suffered before, during or after an Activity.
5.4 Emergencies
Cultiv8 does not provide medical, first-aid or emergency response services. Parents must ensure Providers have appropriate emergency protocols and must keep emergency contact and medical information current.
5.5 Reporting
If you become aware of any child safety concern, suspected misconduct, or serious incident, you agree to (a) contact the Hong Kong Police Force (999 in emergencies) and/or the Social Welfare Department where appropriate, and (b) notify us at safety@cultiv8.club so we may take action against the Provider account.
6. Provider Listings and Trade Descriptions
6.1 Provider Responsibility
Providers are solely responsible for the accuracy and completeness of their listings, including descriptions, schedules, pricing, capacity, age suitability, qualifications, and cancellation and refund terms. Listings must comply with the Trade Descriptions Ordinance (Cap. 362). Providers warrant that they will not make false trade descriptions, false statements as to services, or misleading omissions.
6.2 No Endorsement
The display of a Provider or Activity does not constitute an endorsement, recommendation, certification, or warranty by Cultiv8. Search ordering, rankings, featured placement and personalised recommendations may be based on commercial arrangements, algorithmic relevance, user signals, or paid promotion.
6.3 User-Generated Content
Reviews, ratings, photos, messages and other content submitted by users (“User Content”) reflect the views of those users, not Cultiv8. We do not pre-screen User Content. We may, but are not obliged to, remove User Content that we believe violates these Terms.
6.4 Licence to User Content
You grant Cultiv8 a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable licence to host, store, reproduce, modify (for formatting), adapt, publish, display and distribute User Content for the purpose of operating, promoting and improving the Service. You retain ownership of your User Content. You warrant that you have all rights necessary to grant this licence and that the User Content does not infringe third-party rights.
6.5 Children in Images
You must not upload images, video or audio of any child other than (a) a child for whom you are the parent/legal guardian, or (b) where you have express written consent from each child’s parent/guardian. You are solely responsible for obtaining all consents required by the PDPO for any image you upload.
7. Bookings, Cancellations and Refunds
7.1 Booking Process
A booking request becomes a confirmed booking when the Provider (or our system on the Provider’s behalf) confirms acceptance and payment is received by the Provider.
7.2 Provider’s Cancellation Policy Governs
Each Provider sets its own cancellation, rescheduling, no-show, and refund policy, which is displayed before checkout. By completing a booking, you accept that Provider’s policy.
7.3 Provider Cancellations
If a Provider cancels a confirmed booking, the Provider is responsible for offering a rescheduled session or a refund of fees paid (including platform fees, where the cancellation is solely the Provider’s fault). We may facilitate the refund through the original payment method.
7.4 Parent Cancellations and No-Shows
Parent-initiated cancellations and no-shows are subject to the Provider’s published policy. Platform fees and payment-processing fees may be non-refundable.
7.5 Chargebacks
You must contact us before initiating any chargeback. Unjustified chargebacks may result in account suspension and recovery of the disputed amount plus reasonable administrative costs.
7.6 Disputes Between Parent and Provider
Disputes about Activity quality, performance or refunds are between the Parent and the Provider. We may, at our sole discretion and without obligation, assist in mediation. We do not act as adjudicator or escrow.
8. Payments
8.1 Payment Processors
Activity bookings are processed by Stripe Payments Asia Pacific Limited (“Stripe”) using Stripe’s Connect Express model. The Parent’s charge is presented as a payment to Cultiv8 via Stripe and Stripe routes the net amount to the Provider’s connected Stripe account. In-app subscriptions, where offered, are processed by Apple App Store, Google Play and RevenueCat. Your use of those services is subject to their terms. We do not store full payment card numbers.
8.2 Currency and Taxes
Prices are displayed in Hong Kong Dollars (HKD) unless stated otherwise. You are responsible for any taxes, duties, exchange-rate differences, and bank fees applicable to your transaction.
8.3 Commission and Fees
Providers authorise us to deduct an agreed commission and applicable payment-processing fees from amounts collected on their behalf before remittance. Subscription fees, where applicable, are charged in advance and are non-refundable except where required by law.
8.4 No Banking, MSO or Investment Services
Cultiv8 is not a bank, a licensed money service operator under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615), nor a stored-value facility licensee. We do not provide deposit-taking, lending, foreign exchange, remittance, or investment services. Funds are processed and routed by Stripe, a licensed payment service provider, and are not held by Cultiv8 outside Stripe’s regulated infrastructure. Stripe (not Cultiv8) administers Provider identity verification before payouts are enabled.
8.5 Subscriptions
Subscription tiers (where offered) auto-renew unless cancelled at least 24 hours before the end of the current billing period via the platform through which the subscription was purchased. Cancellation takes effect at the end of the current billing cycle.
9. Disclaimers — “AS IS”
To the maximum extent permitted by law:
(a) The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express, implied, statutory or otherwise. We disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and completeness.
(b) We do not warrant that the Service will be uninterrupted, secure, error-free, free of viruses or harmful components, or that defects will be corrected.
(c) Any algorithmic, machine-learning, recommendation, or AI-assisted feature (including activity-matching, search ranking, and chatbot responses) is provided for convenience only, may contain errors or biases, and must not be relied on as advice. You are responsible for verifying all information before relying on it.
(d) Information, ratings, listings, location data, schedules, photos and reviews are provided by Providers or other users and may be inaccurate, outdated, or incomplete. We do not warrant their accuracy.
(e) Links, integrations or content from third parties are provided for convenience. We do not endorse or accept responsibility for third-party services.
10. Indemnity by You
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Cultiv8 and its officers, directors, employees, agents and contractors from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees on an indemnity basis) arising out of or relating to:
(a) your breach of these Terms or any policy referenced in them;
(b) your violation of any law or third-party right (including privacy, publicity, intellectual property, or child-protection rights);
(c) your User Content;
(d) any Activity you book, deliver, attend or have your child attend;
(e) any dispute between you and a Provider, a Parent, or any other user;
(f) your negligent or wilful acts or omissions; and
(g) for Providers, any claim arising from the conduct of your staff, instructors, volunteers, premises, or services.
We may assume exclusive defence and control of any matter subject to indemnification, in which case you agree to cooperate at your expense.
11. Intellectual Property
The Service, including all software, code, designs, logos, trade marks, text, graphics, look and feel, and underlying data (excluding User Content), is owned by Cultiv8 or its licensors and is protected by the Copyright Ordinance (Cap. 528), the Trade Marks Ordinance (Cap. 559), and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended personal or business purpose, subject to these Terms. All rights not expressly granted are reserved.
Notices of copyright or trade mark infringement may be sent to legal@cultiv8.club with sufficient detail to identify the work, the alleged infringement, and your contact details. We may remove infringing content and terminate repeat infringers.
12. Limitation of Liability
12.1 Exclusion of Indirect Loss
To the maximum extent permitted by law, Cultiv8 shall not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or aggravated damages, or for loss of profits, revenue, savings, goodwill, opportunity, data, or reputation, however arising, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if we have been advised of the possibility of such damages.
12.2 Cap on Liability
To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or relating to the Service or these Terms in any 12-month period shall not exceed the greater of (a) the platform fees actually paid by you to Cultiv8 in the 12 months immediately preceding the event giving rise to the claim, and (b) HK$1,000.
12.3 Basis of the Contractual Relationship
The disclaimers, exclusions and limitations in clauses 9, 10 and 12 are a fundamental basis of the contractual relationship between you and us, and apply notwithstanding the failure of any limited remedy.
12.4 Reasonableness
You acknowledge that the exclusions and limitations in these Terms are reasonable in the circumstances having regard to the nature of the Service, the fees charged, the allocation of risk between platform and Providers, the availability of insurance to Providers, and the user’s ability to obtain independent assurance about any Provider before booking.
12.5 Time Bar
Subject to any longer period required by Hong Kong law for personal-injury or wrongful-death claims under the Limitation Ordinance (Cap. 347), any claim against Cultiv8 must be brought within one (1) year after the cause of action arises, failing which the claim is permanently barred. This shortened period does not apply to (a) claims for death or personal injury caused by Cultiv8’s negligence, (b) claims based on Cultiv8’s fraud or fraudulent misrepresentation, or (c) any other claim that cannot lawfully be subjected to a shortened limitation period.
13. Suspension and Termination
We may suspend, restrict, or terminate your account or access to the Service at any time, with or without notice, if (a) you breach these Terms or applicable law; (b) we are required to do so by law, regulator, or court order; (c) we reasonably believe continued provision poses a safety, security, fraud, or reputational risk; or (d) we discontinue the Service or a feature.
You may terminate your account at any time through the app’s account-deletion feature or by writing to support@cultiv8.club. Termination does not relieve you of obligations accrued before termination.
Sections that by their nature should survive termination (including clauses 6.4, 9, 10, 11, 12, 14, 15, 16 and 17) shall survive.
14. Force Majeure
We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, fire, flood, typhoon, earthquake, pandemic or epidemic, war, civil unrest, government action, public health emergency, telecommunications, internet or power failures, third-party service outages, or denial-of-service attacks.
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms and any dispute arising out of or in connection with them (including non-contractual disputes) are governed by the laws of the Hong Kong Special Administrative Region.
15.2 Good-Faith Negotiation
Before commencing any formal proceedings, the parties shall attempt to resolve the dispute in good faith for at least 30 days by written notice to legal@cultiv8.club (or to the user’s registered email, where Cultiv8 is the claimant).
15.3 Mediation
If unresolved, the parties shall attempt mediation administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Mediation Rules.
15.4 Courts
If mediation does not resolve the dispute, the courts of Hong Kong have exclusive jurisdiction. You and we irrevocably submit to that jurisdiction. Either party may apply to the courts of Hong Kong for urgent injunctive or interim relief at any time.
15.5 Individual Claims
To the maximum extent permitted by law, claims between you and Cultiv8 will ordinarily be resolved on an individual basis.
16. Changes to the Service and to These Terms
We may modify, suspend or discontinue the Service or any feature at any time. We may modify these Terms by posting the updated Terms in the app, on our website, or by other reasonable means, and updating the “Last Updated” date. Material changes will be notified by in-app message, push notification, or email at least 14 days before they take effect (or sooner if required by law). Continued use of the Service after the effective date constitutes acceptance. If you do not agree, you must stop using the Service.
17. General
Entire Agreement. These Terms, together with the Privacy Policy, the Cookie Policy, and any policies referenced in them, constitute the entire agreement between you and Cultiv8 about the Service and supersede all prior agreements.
Severability. If any provision is found unenforceable, the remaining provisions remain in full force. The parties agree to negotiate in good faith to replace the unenforceable provision with an enforceable one that gives effect, so far as lawful, to its commercial purpose.
No Waiver. Failure to enforce a right is not a waiver. Any waiver must be in writing.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition, restructuring, or sale of assets.
No Agency. No agency, partnership, joint venture, employment, or fiduciary relationship is created by these Terms.
Notices. Notices to you may be sent to the email on your account or by in-app message. Notices to us must be sent to legal@cultiv8.club.
Third-Party Rights. A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term.
Language. These Terms are issued in English. We may provide translations (including Traditional Chinese) for convenience. In the event of conflict, the English version prevails to the extent permitted by law.
18. Contact
Cultiv8 Club Limited
Business Registration Number: 78268965
Registered Address: 2/F, Tower 1, Tern Centre, 237 Queen’s Road Central, Sheung Wan, Hong Kong
General: support@cultiv8.club
Legal: legal@cultiv8.club
Privacy: privacy@cultiv8.club
Child Safety: safety@cultiv8.club
Security: security@cultiv8.club