Terms & Policies

Website Terms of Use

Website Terms of Use

These Website Terms of Use (“Terms of Use”) (together with the documents referred to on it) tell you the terms of use on which you may access and/or make use of Our Website located at www.kiddyzone.co.uk ("Our Website"), whether as a guest or an account holder (“Member”). Please read these terms of use carefully before you start to use Our Website. By using Our Website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using Our Website.

We may alter these Terms of Use from time to time and post the new version on Our Website. You must check these Terms of Use on Our Website regularly to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on Our Website.

1. Accessing Our Website

Access to Our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on Our Website without notice (see below). We will not be liable if for any reason Our Website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of Our Website, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

When using Our Website, you must comply with these Terms of Use and in particular our acceptable use policy detailed below.

You are responsible for making all arrangements necessary for you to have access to Our Website. You are also responsible for ensuring that all persons who access Our Website through your internet connection are aware of these Terms of Use, and that they comply with them.

 

2. Acceptable Use

You may use Our Website only for lawful purposes. You may not use Our Website:

  1. In any way that breaches any applicable local, national or international law or regulation.
  2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  3. For the purpose of harming or attempting to harm minors in any way.
  4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards detailed below.
  5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  1. Not to reproduce, duplicate, copy or re-sell any part of Our Website in contravention of the provisions of these Terms of Use.
  2. Not to access without authority, interfere with, damage or disrupt:
  3. * any part of Our Website;
  4. * any equipment or network on which Our Website is stored;
  5. * any software used in the provision of Our Website; or 
  6. * any equipment or network or software owned or used by any third party.
  7.  

3. Content standards

Our content standards apply to any and all material which you contribute to Our Website (“Contributions”), and to any Interactive Services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must: be accurate (where they state facts); be genuinely held (where they state opinions); and comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  1. Contain any material which is defamatory of any person.
  2. Contain any material which is obscene, offensive, hateful or inflammatory.
  3. Promote sexually explicit material.
  4. Promote violence.
  5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  6. Infringe any copyright, database right or trade mark of any other person.
  7. Be likely to deceive any person.
  8. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  9. Promote any illegal activity.
  10. Be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety.
  11. Be likely to harass, upset, embarrass, alarm or annoy any other person.
  12. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  13. Give the impression that they emanate from us, if this is not the case.
  14. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  15.  

4. Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of Our Website. When a breach has occurred, we may take such action as we deem appropriate.

Failure to comply with our acceptable use policy and content standards constitutes a material breach of the Terms of Use upon which you are permitted to use Our Website, and may result in our taking all or any of the following actions:

  1. Immediate, temporary or permanent withdrawal of your right to use Our Website.
  2. Immediate, temporary or permanent removal of any posting or material uploaded by you to Our Website.
  3. Issue of a warning to you.
  4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  5. Further legal action against you.
  6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

 

5. Intellectual property rights

We are the owner or the licensee of all intellectual property rights in Our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from Our Website for your personal reference and you may draw the attention of others within your organisation to material posted on Our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on Our Website must always be acknowledged.

You must not use any part of the materials on Our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of Our Website in breach of these Terms of Use, your right to use Our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

6. Reliance on information posted

Commentary, advertising, entries and other materials posted on Our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Website, or by anyone who may be informed of any of its contents.

You agree that you must evaluate, and bear all risks associated with, the use of any content on Our Website, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that you may not rely on any content posted on Our Website which have been created by KiddyZone, submitted to KiddyZone or posted by Members or other third parties (including without limitation: commentary, advertising, entries and other materials and information) in Message Boards, Latest News, Classified Ads and in all other parts of Our Website.

The views and opinions of authors expressed on Our Website do not necessarily state or reflect those of KiddyZone and they may not be used for advertising or product endorsement purposes.

When visiting Our Website, your web browser may produce pop-up advertisements. These advertisements were most likely produced by other websites you visited or by third party software installed on your computer. KiddyZone does not endorse or recommend products or services which you may view in a pop-up advertisement on your computer screen while visiting Our Website. We have a policy of blocking websites which cause third party pop-up to appear.

 

7. Our Website changes regularly

We aim to update Our Website regularly, and may change the content at any time. If the need arises, we may suspend access to Our Website, or close it indefinitely. Any of the material on Our Website may be out of date at any given time, and we are under no obligation to update such material.

 

8. Our liability

The material displayed on Our Website is provided without any guarantees, conditions or warranties as to its accuracy, quality of information, completeness or usefulness. We do not endorse or recommend any commercial products, processes or services. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Website or in connection with the use, inability to use, or results of the use of Our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  3. * loss of income or revenue;
  4. * loss of business;
  5. * loss of profits or contracts;
  6. * loss of anticipated savings;
  7. * loss of data;
  8. * loss of goodwill;
  9. * wasted management or office time; and
  10. * for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

  11. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

     

9. Information about you and your visits to Our Website

We process information about you in accordance with our Privacy Policy. By using Our Website, you consent to such processing and you warrant that all data provided by you is accurate.

 

10. Transactions concluded through Our Website

If you become a Member of our Website in order to upload entries and/or advertisements to Our Website the supply of those services are governed by our Terms and Conditions for Advertisers. 

 

11. Uploading material to our Website

Whenever you make use of a feature that allows you to upload material to Our Website, or to make contact with other users of Our Website, you must comply with the Content Standards set out above. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to Our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Our Website 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 materials posted by you or any other user of Our Website. We have the right to remove any material or posting you make on Our Website if, in our opinion, such material does not comply with the Content Standards set out above.
 

12. Viruses, hacking and other offences

You must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website. You must not attack Our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Website or to your downloading of any material posted on it, or on any website linked to it.

 

13. Linking to Our Website

You may link to our home page or any other page on Our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Website must not be framed on any other website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the Content Standards set out above.

If you wish to make any use of material on Our Website other than that set out above, please address your request to Us using the contact form.

 

14. Links from Our Website

Where Our Website contains links to other websites and resources provided by third parties or Members, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
 

15. Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Website although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

16. Your Privacy

We have taken steps to ensure that any information provided to us through the use of Our Website is safe and secure. Please read our Privacy Policy which applies to any personal information you provide to us, for example during any registration process.

 

17. Your concerns

If you have any concerns about material which appears on Our Website, please contact Us using the contact form.



 

Terms and Conditions for Advertisers

Terms and Conditions for Advertisers

Please read these Terms and Conditions carefully as they contain important information about your rights and obligations. You may print out these Terms and Conditions by clicking on the print icon on your browser.

1. Introduction

  • 1.1Please read these Terms and Conditions carefully before purchasing services (“Services”) from the website located at http://www.kiddyzone.co.uk (“Our Website”) which is owned and operated by Top Hat Directories LTD. These Terms and Conditions apply to the entire content of Our Website, the purchase of any Services, and any other features, content, applications and websites associated with or linked to Our Website. By accessing and/or using Our Website you agree to be legally bound by these Terms and Conditions which may be modified and posted on Our Website from time to time.
  • 1.2If you do not wish to be bound by these Terms and Conditions then you may not use Our Website or purchase Services from Our Website.
  • 1.3We may alter these Terms and Conditions from time to time and post the new version on Our Website, following which all purchases of Services from Our Website will be governed by that version. You must check these Terms and Conditions on Our Website regularly.
  • 2. Nature of our website
  • 2.1In order to use our Services you must set up an account with us and become a member (“Member”). Details of how to set up an account can be found on Our Website. Our Website provides a place for Members to upload and publish their advertising content and website details in the form of an entry or advertisement in the Kiddy Zone Directory and enables you to manage your content online. The Services available on Our Website are described in more detail on Our Website.
  • 2.2Please note that Our Website is available only to individuals who can form legally binding contracts under the applicable law. You must be over 18 years old to purchase the Services, using the payment methods displayed on Our Website. If you do not qualify, then please leave Our Website now.
  • 3. Services
  • 3.1In addition to these Term and Conditions, our Website Terms of Use apply in respect of all use of and any purchases of Services from Our Website.
  • 4. Modifications to services
  • 4.1We reserve the right, at any time, without notice, to make changes or corrections, alter, suspend or discontinue any aspect of Our Website or the contents or the Services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including Services shall be subject to these Terms and Conditions.
  • 5. Information you provide to us
  • 5.1The following applies to any information you provide to us, for example during any registration or purchase of Services.
    1. You authorise us to use, store or otherwise process any personal information which relates to you and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Services which are available through Our Website by us, our partners, successors (including the purchase of the whole or part of our business), associates, sub-contractors or other third parties. If you would like details of the companies involved in our business these will be provided on request.
    2. If you choose to buy Services through Our Website we may collect information about you and if you send us personal correspondence such as emails or letters, or post reviews or other messages on the bulletin boards of chat areas, we may collect this information into a file specific to you. All such information collected by us shall be referred to in these Terms and Conditions as “Personal Information”.
    3. You must ensure that the Personal Information you provide is accurate and complete and that all ordering and/or registration details contain your correct name, address and other requested details.
    4. All Personal Information is processed in accordance with the Data Protection Act 1988. 
    5. By accepting these Terms and Conditions you agree to the processing and disclosure of the Personal Information for the purposes set out in this clause 5.1. If you would like to review or modify any part of your Personal Information then you should contact us.
    6. We reserve the right to store any information we have about you and disclose such information if we determine that such disclosure is necessary, including but not limited to, in order to comply with applicable law, or in connection with any action or investigation, or to enforce these Terms and Conditions.
    7. 6. Your content
  • 6.1The following also applies to all advertisements and/or entries including but not limited to text, pictures, artwork, audio files, messages, videos, emails, bulletin board postings, ideas, suggestions, concepts or any other material submitted by you to us or uploaded, published, posted, transmitted or linked to Our Website by you (“Your Content”):
    1. You warrant that you own or have the right (including but not limited to obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations) to publish Your Content on Our Website and all Your Content must be accurate, relevant, complete, legal, honest, decent, truthful and is of a professional and inoffensive nature;
    2. You warrant that you and Your Content comply with all applicable legislation, laws, regulations, standards and/or codes of practice in the UK (including without limitation BCAP and CAP) and in all other jurisdictions where you operate;
    3. You warrant that Your Content on our Website is to the best of your knowledge free from known viruses, hostile computer programs, disabling programs and devices and is not being displayed against the wishes of any third party who provided it to you and is not in breach of any obligations of confidentiality;
    4. You warrant that Your Content does not constitute or encourage a criminal offence, give rise to civil liability or breach or infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party in any jurisdiction;
    5. You warrant that Your Content is not obscene, abusive, harmful, malicious, threatening, pornographic, profane, libellous or defamatory of any person or is otherwise objectionable in any way or unlawful in any jurisdiction;
    6. We have the right to monitor Your Content and may edit, reject or remove Your Content if we believe that it does not comply with the provisions of this clause 6.1. and, in particular, we reserve the right to remove any of Your Content if we believe that the content is or may be inappropriate.
  • 6.2Your Content must comply with the following:
    1. Linked websites which cause third party advertising pop ups and windows to open will not be accepted. Websites already listed will be deleted if they are found to be in breach of this provision.
    2. All linked websites must be entertainment, music or leisure related. Websites which do not fall into one or more of these categories will be rejected. 
    3. Linked websites containing “adult” material, pornographic, dubious or unsavoury content, bad language or other dubious content will not be listed.
    4. Promotion of online gambling will not be accepted 
    5. Linked websites must be complete and working and any website which is full of dead links, has major errors or just shows a holding page will not be listed. 
    6. The text of Your Content should be in proper sentence case and/or capitalisation. Use of all uppercase or all lowercase text is not permitted and text written in all uppercase letters will be removed.
    7. Entry titles must be business, stage or trading names. Only genuine business, trading or stage names are allowed as a title.
  • 6.3Members will be provided with login details with which they can login and gain access to the “Members Area”. From the Members Area they will be able to change the content of their entry including text and photographs. They will also be able to upload or link to video files and audio files.
  • 6.4You grant us a non-exclusive, irrevocable, royalty free, world-wide licence to publish all Your Content except any portion of Your Content which is Personal Information. You have sole responsibility for Your Content and you shall indemnify and keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Your Content, your use of Our Website and/or any unlicensed use of third party intellectual property.
  • 6.5We reserve the right to reveal your identity (or any information we have about you) in the event of a complaint or legal action arising from any information uploaded to Our Website by you.
  • 7. Categories & subcategories
  • 7.1The Kiddy Zone Directory located at Our Website is divided into various categories. All entries must be placed under the appropriate category and class. Entries cannot be added to the directory under categories or classes which, in our opinion, do not match with the content of the linked website.
  • 7.2In cases where we consider there has been a mismatch; we will notify you by email. If you make no reply to this email, we will choose the appropriate category and class for your entry.
  • 8. Security
  • 8.1You are solely responsible for all use of, and any activity that occurs under, your account and in all respects for protecting the confidentiality of any user name, email verification and password that may have been given to you or selected by you for use on Our Website. You may not share these with or transfer them to any third party. You must notify KiddyZone immediately of any unauthorised use of them or any other breach of security regarding Our Website that comes to your attention.
  • 8.2You agree not to use anyone else's account, user name, email verification or password for use on Our Website.8.3 You agree not to attempt to access by illegitimate means, any part, feature or Services of Our Website or any other associated or linked websites, systems or networks.
  • 9. Applicability of online materials
  • 9.1Our Website is controlled and operated by us from our offices in England. We do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of Your Content (whether published on or off-line).
  • 9.2We have used our best endeavours to ensure that Our Website complies with UK law. However, we make no representations that Your Content is appropriate for use in any location world wide. Those who use Our Website do so on their own initiative and are responsible for compliance with all applicable laws. If the viewing or use of Our Website, or the use of any materials or content on Our Website or Services offered through Our Website are contrary to or infringe any applicable law in your jurisdiction, you are not authorised to view or use Our Website and you must exit immediately.
  • 9.3KiddyZone makes no representation and gives no warranties, express or implied, that making the Services available in any particular jurisdiction is permitted under any laws or regulations.
  • 10. Buying services
  • 10.1To obtain any Services, you will need to set up an account and become a Member. Details of how to become a Member can be found on Our Website. Details of the different types of Services that we offer, prices for those Services and procedures for payment are displayed on Our Website.
  • 10.2The price of the Services is the price in force at the date and time of your order. We may change the price of any Services before you place an order. We try to ensure that current prices are displayed on Our Website but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if the correct price is higher than that stated in your order and you may decide whether you wish to proceed at the correct price or cancel your order.
  • 10.3The prices are exclusive of applicable taxes, which will be added to the price. A VAT or CIF number is required if you are based outside the UK, but located in the EU. If a valid tax number is not provided, then VAT at the prevailing rate will be added to your invoice.
  • 10.4KiddyZone is entitled at its sole discretion and at any time to refuse any order placed by you. We shall not be liable for any delay in delivery of the Service howsoever caused.
  • 10.5All payments for the Services shall be made in UK pounds sterling (£). You may pay for the Services via our online secure PayPal facility, by bank transfer or by bank standing. We accept all major credit and debit cards.
  • 10.6If you pay us by direct debit, we collect the payment from your nominated bank account [not less than [14] days from the issue of the invoice]. You must ensure that sufficient funds are available in your account.
  • 10.7If you pay us by credit card, it is your responsibility to ensure that each payment is made online by the due date. We will charge your nominated credit card in advance of the period to which the payment relates.
  • 10.8You undertake that all details you provide to us for the purpose of purchasing Services which may be offered by us on Our Website will be correct.
  • 10.9You undertake that the PayPal account, credit or debit card is your own and that there are sufficient funds or credit facilities to cover the cost of any Services. We reserve the right to obtain validation of your credit or debit card details or your PayPal account before providing you with any Services. We reserve the right to insist on payment prior to providing you with any Services.
  • 10.10Without prejudice to any other right or remedy that KiddyZone may have, if you fail to pay on the due date, we may:
    1. suspend all Services until payment has been made in full; and
    2. remove all of Your Content from Our Website on a permanent or temporary basis. 

    In these circumstances no compensation will be payable to you and should Your Content be reinstated no extension of time will be given in lieu of lost advertising time.

  • 10.11Time for payment shall be of the essence.
  • 10.12All sums payable to KiddyZone under any contract made under these Terms and Conditions shall become due immediately on its termination, despite any other provision. This condition 10.12 is without prejudice to any right to claim for interest under the law, or any such right under these Terms and Conditions.
  • 10.13KiddyZone may, without prejudice to any other rights it may have, set off any liability of yours to KiddyZone against any liability of KiddyZone to you.
  • 11. Cancellations
  • 11.1Once payment of the Service has been confirmed by you, such Service is made available to you through Our Website. You are not able to cancel any purchase after you have confirmed payment. Unless otherwise provided by law, all charges are non-refundable unless stated otherwise.
  • 12. Copyright and monitoring
  • 12.1The contents (including, but not limited to, all trade marks, logos, graphics, text, photographs, music, artwork, designs, arrangements, data, code and software) of Our Website are protected by International Copyright Laws and other intellectual property rights. The owner of these rights is KiddyZone, its affiliates or other third party licensors. All product and company names and logos mentioned in Our Website are the trade marks, service marks or trading names of their respective owners, including us.
  • 12.2You may, for the sole purpose of purchasing and/or using the Services, download material specifically made available by us for downloading from Our Website, on the basis that you do not modify, copy, reproduce, republish, upload, encode, translate, post, transmit or distribute, by any means or in any manner, any such material or information and such materials and information are only for your own private and personal use.
  • 12.3Subject to clause 12.2 you may not, by any means or in any manner, access, monitor, modify, copy, reproduce, republish, upload, encode, translate, post, transmit or distribute, any part or feature of Our Website or any material or information on or downloaded from Our Website (including but not limited to music, pod casts, text, photographs, graphics, video, messages, code and software) without our prior written consent except where expressly invited to do so through Our Website.
  • 13. Your use of our website
  • 13.1You warrant and undertake that you will not, nor will you authorise or permit any third party to, use Our Website and/or any of its materials or contents for any purpose that is illegal, in violation of any law or regulation or prohibited by these Terms and Conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material, or otherwise infringing the rights of any third party in any country in the world.
  • 13.2If you breach these Terms and Conditions then your permission to use Our Website terminates immediately without the necessity of any notice being given to you and KiddyZone expressly reserves the right to take such action as it deems necessary in respect of such breach. A breach or threatened breach of these Terms and Conditions by you will cause irreparable damage and as such KiddyZone may therefore be entitled to injunctive or other equitable relief in order to prevent a breach or threatened breach of these Terms and Conditions.
  • 13.3You must not attempt to interfere with the proper working of Our Website or any transaction being conducted on Our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into or otherwise disrupt any computer system, server, website, router or any other internet connected device.
  • 13.4You will comply fully with all your obligations under the UK Data Protection Act 1988 with respect to personal data made available to you through Our Website and will not make available to third parties any such personal data without explicit consent.
  • 13.5You will comply with all UK Legislation and other regulatory and compliance standards that are applicable to your business or your transactions within the UK and in any other jurisdictions in which you and/or your client(s) may operate.
  • 14. Availability and access
  • 14.1We shall use reasonable endeavours to make Our Website and Services available but cannot guarantee that Our Website and Services will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.
  • 14.2Access to Our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
  • 14.3We do not and cannot guarantee that Our Website will be free from unauthorised users or hackers.
  • 14.4We retain the right to deny access to any person who fails to comply with these Terms and Conditions.
  • 15. Liability
  • 15.1We exclude all express or implied terms and conditions, warranties, representations or endorsements whatsoever with regard to:
    1. Our Website;
    2. any use or inability to use or the results of use of Our Website;
    3. any websites linked to Our Website; and
    4. any information and Services provided through Our Website.
  • 15.2This condition 15 sets out the entire financial liability of KiddyZone (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to you in respect of:
    1. any breach of these Terms and Conditions;
    2. any use made by you of Our Website and/or the Services or any part of them; and 
    3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with the provision of Services under these Terms and Conditions.
  • 15.3We accept no liability for: any indirect or consequential, special or punitive loss, damage, costs and expenses or for any loss or corruption of data or loss of profit, revenue or business (whether direct of indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the purchase of Services, the viewing, use or performance of Our Website or its contents, we accept no liability for this loss or damage whether due to inaccuracy, error, omission, performance, interruption, deletion, infection, viruses, unauthorised access, or any other cause whether on the part of KiddyZone, our servants, agents or any other person or entity. You are responsible for maintaining insurance cover in respect of any such loss or damage.
  • 15.4If we are liable to you for any reason, our total aggregate liability will be limited to the amount paid by you for the Services concerned. This does not apply to any liability we have for death or personal injury resulting from our negligence or from our fraudulent misrepresentation.
  • 15.5You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use Our Website and is compatible with Our Website. You are responsible for your use of Our Website and any associated linked websites. You also understand that we can not and do not guarantee or warrant that any material available for downloading from Our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
  • 15.6We do not warrant or assume any liability or responsibility for the accuracy, completeness or usefulness of any content including Your Content on Our Website.
  • 15.7The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
  • 16. Indemnity
  • 16.1You agree to indemnify and hold us harmless from any demands, liability, loss, claim, and expenses (including reasonable legal fees) related to any breach by you or non-observance of these Terms and Conditions or arising from your use of Our Website or the provision of Services by us to you.
  • 17. Notices
  • 17.1All notices shall be given
    1. to us via our Contact Form.
    2. to you at either the email or postal address you provide during any ordering process.
    3. notice will be deemed received when an email is received in full (or else from the next business day if it is received on a weekend or public holiday in the place of receipt) or 3 days after the date of posting.
    4. 18. Termination
  • 18.1We may terminate any contract made under these Terms and Conditions immediately:
    1. if you fail to pay any sums due to us as they fall due; or
    2. if you breach any of these Terms and Conditions and you fail to correct the breaches within ten (10) days following written notice from us specifying the breach; or
    3. if you are a company and you go into insolvent liquidation or if you are a person and you are declared bankrupt.
  • 18.2On termination of any contract made under these Terms and Conditions, we shall be entitled to immediately remove all of Your Content from Our Website.
  • 19. General
  • 19.1Any contract made under these Terms and Conditions shall be automatically renewable on a yearly/annual basis [unless terminated by one months notice prior to the renewal date by either party.] In the event of early termination of the contract, no refund will be given.
  • 19.2We may assign, transfer, novate or sub-contract any or all of our rights and obligations under these Terms and Conditions at any time. You agree that you may not assign, transfer, novate or sub-contract any or all of your rights and obligations under these Terms and Conditions at any time without prior written consent from KiddyZone.
  • 19.3These Terms and Conditions together with any order form and payment method instructions, if any, are the whole agreement between you and KiddyZone. You acknowledge that you have not entered into this agreement in reliance on any statement, warranty or representation made by KiddyZone or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms and Conditions by reason of any misrepresentation (other than fraudulent misrepresentation) that is not contained in the Terms and Conditions, order form and payment method instructions.
  • 19.4If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
  • 19.5These Terms and Conditions and your use of Our Website are governed by and construed in accordance with English Law and you submit to the exclusive jurisdiction of the English Courts. Judgement may be enforced in any court of competent jurisdiction.
  • 19.6Except in respect of a payment obligation, neither you nor KiddyZone will be held liable for any failure to perform any obligation to the other due to causes beyond your or KiddyZone's respective reasonable control.
  • 19.7Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waiver of that right or obligation.
  • 19.8A person who is not a party to any contract made under these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
Privacy Policy

Privacy Policy

We, respect and wish to protect the privacy of the users of our services. This document sets out the details of our privacy policy in relation to information collected on our website (“Our Website”).

1. Information you provide

If you send us personal correspondence such as emails or letters, or post reviews or other messages, then we may collect this information into a file specific to you. All such information collected by us shall be referred to in this Privacy Policy as “Personal Information”.

You must ensure that the Personal Information you provide is accurate and complete and that all registration details contain your correct name, address and other requested details.

We reserve the right to store any information we have about you and disclose such information if we determine that such disclosure is necessary, including but not limited to, in order to comply with applicable law, or in connection with any action or investigation, or to enforce our Website Terms of Use.

By using Our Website you agree to the processing and disclosure of the Personal Information for the purposes set out above.

2. What information is collected?

We may collect the following information:

(a) Your name, address, telephone numbers, and email address

(b) Financial information

* If you wish to make an automated payment we will require your credit card number and expiry date.

* Your financial information is used solely for this purpose.

* Once your payment has been processed, your financial information will be passed to a credit card processing company. No record of your financial information will be held on Our Website or otherwise by us following the processing of your payment. The credit card processing company does not use, share, retain or store this information for any purpose, other than to process your payment for the above purpose.

(c) Cookies and System Logging

* A cookie is a file that is placed on your computer by another computer on the internet to enable that computer to know when you are using a particular website. For example, if you had a cookie on your home PC, you may be greeted by your name when you log on to a particular website. We do use cookies on Our Website.

* When you use Our Website, our servers automatically record certain information sent by your web browser. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with pages on Our Website, domain names, landing pages, pages viewed, and other such information.

3. Who collects the information?

The information is collected by Top Hat Directories Limited. We will only collect information in accordance with the Data Protection Act 1998. The personally identifiable information that is required to use Our Website is owned solely by us. We do not share, sell or rent your information to any other person, company or organisation in any way other than as disclosed in this document or as stated at the point where the information is collected.

4. Use of your information

You authorise us to use, store or otherwise process any Personal Information which relates to you and identifies you, to the extent reasonably necessary to provide the services which are available through Our Website by us, our partners, and successors (including the purchase of the whole or part of our business).

We may also use the information to contact you if we experience problems in processing a payment.

5. What security measures are in place to protect this information?

The security of your information is important to us. When you enter Personal Information into Our Website, we encrypt the transmission of that information using secure socket layer technology (SSL).

We also use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Information, once we receive it. It is only given to those of our employees who genuinely need to have access to it in order to perform their job. Furthermore, our security procedures for storing and disclosing customer details conform with the Data Protection Act 1998 so as to prevent unauthorised access to it.

Please note that Our Website contains links to other websites and that we are not responsible for the privacy practices of the owners and operators of these other websites. We therefore encourage you to read the privacy statements and policies on each site to which you are asked to submit personal information.

6. Your access to this information

If you would like to review or modify any part of your Personal Information you may update or correct your account at any time by logging in to the Members Area.

7. Changes to our Privacy Policy

If we change our Privacy Policy, we will post those changes on this page to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.

8. Questions

If you believe that we are not abiding by our privacy policy as set out in this document, or if you have any questions about this document or our procedures, please contact Us using the Contact Form.



 

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