Terms and conditions of website use
These Terms and Conditions of Website Use (‘Terms’) apply to your use of the websites located at www.kidzes.com (the ‘Sites’) and/or any www.kidzes.com application for mobile devices which we may make available to our customers at any time (the “App”). For additional terms and conditions that may apply to purchases and related transactions that you complete through our Services, see Section 1.0 below Terms and Conditions of Supply. The Sites and the App shall be collectively referred to as the ‘Services.’ In this document, ‘we’, ‘our’ and ‘us’ refer to www.kidzes.com, and ‘user,’ ‘you’ and ‘your’ mean users of the Services.
You must be 18 years old or the age of majority in your jurisdiction in order to use our Services. If you are under 18 years old or the age of majority in your jurisdiction, then you may only use the Services with your parent or legal guardian’s permission.
Please read these Terms carefully.
The Terms incorporate:
1.0 TERMS AND CONDITIONS OF SUPPLY
If you are in any other part of the world, including the Europe, US or Canada, then the following terms apply to purchases and related transactions made using our Services.
You may view some parts of the Services without registering, but in order to access and use other parts of the Services, you may be required to register an account with us. You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. It is your sole responsibility to provide and maintain accurate account information. You may cancel your account with us at any time by e-mailing our Customer Experience Team at [email protected]
We reserve the right to cancel your account at any time for any reason without prior notice to you. If there has been (or you suspect) an unauthorised use of your password or account, please notify us immediately.
3.0 RESTRICTIONS ON USE OF SERVICES
You are solely responsible for your actions when using the Services, whether or not you have created an account with us. In addition, you understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Services:
Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Services;
Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Services;
Submit, post, or submit any offensive, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate or obscene content (as determined by us in our sole discretion);
Copy, download, distribute, transmit, upload, or transfer content from the Services or the personal information of others without our prior written permission or authorization;
Use the Services to make unsolicited offers, requests, advertisements, or spam;
Impersonate or pretend to be anyone else but you;
Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties; or
Engage in any activity that is criminal or tortious in nature, or otherwise contrary to the law or infringes the rights of another including, without limitation, fraud, stalking, defaming, abusing, harassing, or threatening.
If you breach any part of these Terms, we reserve the right to terminate your access to the Services. Where you are using the App, the additional terms in clause 5 also apply.
We and our licensors are the sole owners of the Services, including, but not limited to, all content, features, and functions, and all copyrights, trade marks, service marks, and other intellectual property rights contained within the Services.
You agree that all right, title, and interest in the Services will remain ours or our licensors’ exclusive property. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the www.kidzes.com name or any of our trade marks, logos, domain names, and other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Services unless we have given you prior written consent to do so. You may only use the Services for personal, non-commercial purposes.
5.0 MOBILE APPLICATION AND USER LICENSE
This section of the Terms applies only to the App (including updates) and any services accessible through the App. In the event of any conflict between this section and the other parts of the Terms, this section shall prevail.
You will be assumed to have obtained permission from the owners of the mobile telephone or handheld device if controlled, but not owned, by you (the “Devices”) and being used to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility for the use of the App or in relation to any Device, whether or not the Device is owned by you. The App is provided by a third party and you should familiarise yourself with the terms on which the App is made available to you, prior to downloading and use.
We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and to the fullest extent possible at law, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Whenever you make use of a feature that allows you to upload content to our Sites, or to make contact with other users of our Services, you warrant that any such contribution (‘Content’) complies with the standards set out in these Terms, and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any Content you upload to our Sites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such Content for any purpose. You grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free licence to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Content throughout the world, in all media now known or hereafter developed. You confirm that you are the owner of the relevant Content and/or that you are entitled to grant us a licence of the same.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Services.
We have the right in our sole discretion for any reason and without prior notice to you to remove any posting you make on our Sites if, in our opinion, your post does not comply with the standards set out in these Terms or reasonable standards of behaviour.
The views expressed by other users on our Sites do not represent our views or values. We reserve the right, but not the obligation, to investigate any allegations or complaints that we receive regarding your Content.
7.0 DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE AVAILABLE ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR ANY ASSURANCE THEY WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE SECURE OR FREE FROM BUGS OR VIRUSES. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE OR RELIABLE, THAT THE QUALITY OF THE SERVICES WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. WE MAKE NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, OR QUALITY OF ANY COMMUNICATION THAT IS POSTED ON OR VIA THE SERVICES.
8.0 LIMITATION OF LIABILITY
The Services and any goods purchased by you in connection with the Services are supplied only for domestic and non-commercial, private use. You agree not to use the same for any commercial, business or re-sale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, the Services; or
use of or reliance on any content made available via the Services.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which are set out in our Terms and Conditions of Supply (please see Section 1.0).
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU FOR YOUR COMMUNICATIONS. WE SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICES OR ANY LINKED SITES, OR FOR ANY INFORMATION OR PRODUCTS, OBTAINED THROUGH USE OF THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SERVICES, TERMINATION OF YOUR USE OF THE SERVICES IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
You agree to indemnify, defend, and hold us and any company in our group and our respective officers, agents, representatives, employees, partners, and licensors harmless from any and all demands, claims and actions (including reasonable attorneys’ fees) arising from or related to your use of the Services. We reserve the right to assume all or any part of the defence of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.
10.0 THIRD PARTY SITES
11.0 APPLICABLE LAW AND DISPUTE RESOLUTION
These Terms and any dispute or claim arising out of or in connection with such matters, their subject matter or formation (including but not limited to non-contractual disputes or claims) shall be governed by, construed and interpreted in accordance with the laws of Delaware, US and you agree to submit to the non-exclusive jurisdiction of the Delaware courts.
Where these Terms are translated into languages other than English in the event of any conflict or inconsistency the English language Terms shall prevail.
We reserve the right to bring proceedings in:
- the Courts of the country of your residence
- the Courts of the location of your access, use or storage of any materials obtained from the Sites
- the Courts of the location of any breach by you of these Terms; and/or
- the Courts of the location of your authorisation of any of the above acts.
You acknowledge and agree that damages alone would not be an adequate remedy for any breach of the terms of these Terms. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of these Terms.
We may immediately, without prior notice, suspend or terminate your use of and access to the Services, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. You may terminate these Terms by ceasing your use of the Services.
If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitrator or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of this Terms, shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.
We reserve the right to change any part of the Services, including these Terms, at any time. If we change these Terms, we will update the Effective Date listed above. Your continued use of the Services means that you agree with our updated Terms. If you do not agree with our updated Terms, you must not use our Services.
15.0 QUESTIONS OR COMMENTS
If you have any questions or comments about these Terms or the Services, please contact us at Customer Experience Team at [email protected]kidzes.com.