These Terms and Conditions (“Terms”) govern your access to and use of the Kindi Kids website, including any content, products, and services offered on the website (collectively, the “Website”). By using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Website.
1. Website Access
Kindi Kids grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Website solely for your own personal, non-commercial purposes. You may not use the Website for any other purpose without our prior written consent.
2. Age Requirements
You must be at least 18 years old or the age of majority in your jurisdiction to use the Website. Use of the Website by children is strictly prohibited. By accessing the Website, you represent and warrant that you are at least 18 years old.
3. User Accounts
In order to access certain features, you may be required to register and create an account. When you create an account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs in your account.
You must keep your account password confidential and secure. You must immediately notify Kindi Kids of any unauthorized account use or other breach of security. You may not transfer your account or any account rights to any third party.
4. User Content
The Website may allow you to upload or submit photos, comments, ratings, reviews, and other content (“User Content”). User Content remains your property.
You grant Kindi Kids a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to reproduce, modify, distribute, publicly display or perform, translate, and create derivative works from your User Content in connection with operating and providing the Website and related services.
You warrant that you have all necessary rights to grant this license. You are solely responsible for your User Content and warrant that it complies with our Acceptable Use Policy below.
5. Acceptable Use Policy
You agree not to misuse the Website or assist others in doing so. Examples of prohibited behavior include:
- Posting, uploading, sharing, submitting, or transmitting content that is illegal, offensive, obscene, abusive, invasive of privacy, defamatory, hateful, or otherwise objectionable.
- Impersonating any person or entity or falsely claiming an affiliation with anyone.
- Displaying or linking to content you do not have the right to transmit or make available.
- Violating intellectual property rights like copyright, trademark, patent, or trade secrets.
- Engaging in spam, unsolicited communications, phishing, or other nuisance activity.
- Spreading viruses, worms, Trojan horses, malware, or other harmful code.
- Attempting to gain unauthorized access to the Website, user accounts, or computer systems.
- Interfering with service to any user, host, or network including denial of service attacks, overloading, flooding, spamming, or mail-bombing.
- Modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Website.
- Removing, circumventing, disabling, damaging or otherwise interfering with any security-related features.
- Performing any automated data collection, data mining, data extraction or data scraping.
- Advertising any goods or services without authorization.
- Misrepresenting the identity or description of goods or services sold.
- Failing to pay for products or services purchased from the Website.
- Violating the letter or spirit of these Terms.
Engaging in unacceptable use may result in account suspension or termination as well as potential civil and criminal liability.
6. Purchases and Payments
If you wish to purchase products available on the Website, you may be redirected to a third party payment processor to handle the transaction. Use of the payment processor site is subject to its terms of use and privacy policy.
All purchases are subject to availability. Prices and availability are subject to change at any time. Certain products may have eligibility requirements like age restrictions.
Taxes and shipping costs are additional unless otherwise noted at checkout. You are responsible for providing complete and accurate billing and contact information.
Transactions are only final upon our receipt of payment. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.
7. Refunds and Returns
Please review our Refund and Return Policy posted on the Website prior to purchasing. It contains important information about limited refund and exchange eligibility for products purchased on the Website.
8. Shipping and Delivery
We will arrange for shipment of purchased products according to the shipping and delivery terms disclosed at checkout on the payment processor site.
Title and risk of loss pass to you upon our transfer of the products to the carrier. You are responsible for investigating and initiating claims directly with the carrier for any damage, discrepancy, or failure to receive shipment.
Shipping dates are estimates only. We are not liable for any delays in shipment.
9. Affiliate Links and Advertisements
The Website may contain affiliate links to third party websites. If you click on an affiliate link and make a purchase, Kindi Kids may receive commission or other compensation from the third party.
Use of affiliate links and any subsequent transactions are subject to the terms and conditions of the applicable third party. We do not control third party sites and are not responsible for their content or activities. Our inclusion of affiliate links does not imply endorsement.
The Website may also feature advertisements from third parties. Kindi Kids is not responsible for the accuracy or reliability of any content in third party advertisements. Your dealings with third parties are solely between you and them.
10. Proprietary Rights
The content of the Website, including logos, graphics, images, designs, audio, video, software, analytics, and other materials are protected by copyright, trademark, and other laws.
The Website content belongs to and is the intellectual property of Kindi Kids. You do not acquire any ownership rights by accessing or using the Website. You agree not to copy, republish, frame, download, transmit, distribute, reverse engineer, modify, reuse, or create derivative works from such content without express written consent from Kindi Kids.
The Kindi Kids name and logo are registered trademarks. Display or mention of third party names, trademarks, service marks, logos, or other branding does not constitute endorsement or affiliation.
11. Disclaimer of Warranties
Your use of the Website is at your own risk. The Website and all its content are provided on an ‘as is’ and ‘as available’ basis without warranties of any kind.
Kindi Kids expressly disclaims all warranties, representations, and conditions including warranties of merchantability, fitness for a particular purpose, and those arising by statute or otherwise in law or from course of dealing or usage of trade.
Kindi Kids does not guarantee the Website will operate securely, safely, timely, accurately, reliably, correctly, or in an uninterrupted manner. We do not control third party content or links made available through the Website.
Any material downloaded, viewed, or obtained through use of the Website is accessed at your own risk. You are solely responsible for any damage to devices, systems, or data used to access the Website.
12. Limitation of Liability
Kindi Kids, its directors, officers, shareholders, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any injury, loss, claim, damage, punitive damages, incidental or consequential damages of any kind, including direct or indirect damages for loss of profits, business interruption, loss of information or data, emotional distress, or other pecuniary loss that result from the use of, inability to use, or unauthorized access to the Website.
This limitation applies regardless of whether the damages were foreseeable or arise in contract, tort, equity, or otherwise.
In no event shall Kindi Kids’ total aggregate liability exceed the greater of the total price paid by you for use of the Website or £100. Applicable law may not allow some limitations on warranties or liability, so aspects of the above limitations may not apply to you.
13. Indemnification
You agree to indemnify, defend, and hold harmless Kindi Kids, its parents, subsidiaries, affiliates, directors, officers, shareholders, employees, agents, contractors, suppliers, licensors, and partners from and against any and all claims, liabilities, assessments, losses, damages, actions, investigations, or expenses brought by any third party resulting from or arising out of:
- Any User Content you submit, post, transmit, or otherwise make available on the Website;
- Your use of the Website or services offered on the Website;
- Any actual or alleged violation by you of these Terms;
- Any actual or alleged breach of your representations, warranties, and obligations set forth in these Terms; or
- Any other act, omission, or misconduct engaged in by you.
14. Electronic Communications
By using the Website, you agree to receive electronic communications from Kindi Kids. These electronic communications may include notices about applicable fees and charges, transactional information, product updates and support, and other information concerning or related to the Website.
These communications are part of your relationship with Kindi Kids. You agree that any notices, disclosures, agreements, and other communications we provide electronically meet any legal requirements that communications be in writing.
15. Governing Law
These Terms and your use of the Website are governed by the laws of the United Kingdom without regard to conflict of law principles. Judicial proceedings relating to any matters arising from your use of the Website must be brought in the courts of the United Kingdom.
16. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the maximum extent possible. The failure to enforce any provision of these Terms is not a waiver of the right to later enforce that or any other provision.
17. Termination
These Terms remain effective until terminated by Kindi Kids. We reserve the right, at our sole discretion, to restrict, suspend, or terminate your access to the Website for any reason with or without notice. We may also delete any data associated with your use of the Website.
Upon any termination of these Terms, your right to use the Website will immediately cease. You will continue to be bound by obligations that survive termination of these Terms including limitations of liability, indemnification, and assignment provisions.
18. Entire Agreement
These Terms constitute the entire agreement between you and Kindi Kids regarding use of the Website. These Terms supersede any prior agreements.
19. Changes to Terms
Kindi Kids may modify these Terms from time to time. Updated Terms will be posted on the Website with the date of the last revision. Your continued use of the Website after revised Terms are effective indicates your acceptance of the changes.
20. Contact Information
Please direct any questions or concerns regarding these Terms to:
Kindi Kids LLC
123 Kindi Lane
London, UK K12 34K
Email: [email protected]
We will attempt to resolve any disputes arising from these Terms or use of the Website through good faith negotiations.
21. How to Serve Legal Process
Legal notices regarding these Terms or your use of the Website should be delivered to:
Kindi Kids LLC
c/o Legal Department
123 Kindi Lane
London, UK K12 34K
Thank You!
Thank you for reviewing our Terms and Conditions. We hope you enjoy using the Kindi Kids website! Let the adventures begin.
