KalliKids Parent Membership Terms and Conditions

KalliKids Membership Terms and Conditions

1.  Application of terms and conditions

1.1 These terms and conditions apply to all memberships between all persons and/or entities displayed on the website www.KalliKids.com (“KalliKids.com”) as operated by KalliKids Ltd, Bishops House, South Road, Brighton, BN1 6SB ("we” or “us”).
 
By registering to be a member of KalliKids.com, you agree to the following terms and conditions and that these prevail over any other terms or conditions. The agreement between us and you, the person registering for membership (“you”) and which is subject to these terms and conditions (“Contract”), shall come into effect on the date that you register for membership and shall continue until terminated in accordance with these terms and conditions.
 
You should print or otherwise save a copy of these terms and conditions for your records.
 

1.2 These terms and conditions complement, and should be read in conjunction with, the Acceptable Use Policy.

1.3 Any content posted or submitted by you to KalliKids.com in the course of a membership is subject at all times to the Acceptable Use Policy.

2.  Membership

2.1 Membership of KalliKids.com is free and commences once you have registered by creating a password-protected account.

2.2 We may at our absolute discretion refuse membership to any person or entity and we shall not be obliged to state our reasons for such refusal.

2.3 You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party.

2.4 Your membership of KalliKids.com and the Contract shall continue until terminated in accordance with clause 5 below.

2.5 Any activity that you book with an activity provider profiled on KalliKids.com (“Activity Provider”) will be subject to a contract between you and the Activity Provider. We shall not be a party to that contract or responsible in any way for the performance of such contract or associated matters such as complaints, refunds, dispute resolution, tax liabilities or any other liabilities.

2.6 If you are unhappy with the service of an activity provider accredited by KalliKids, you are encouraged to contact the activity provider directly to discuss the issues. If you believe that the activity provider is not acting in good faith and has not dealt with your issue in a reasonable way, please contact us.

If an activity provider is found to no longer be worthy of the KalliKids
accreditation, due to numerous bad feedback from families and/or complaints, KalliKids may decide to cancel that activity provider’s accreditation.

3.  Warranties

3.1 You warrant that you are at least 18 years of age and have full capacity to enter into the Contract.
 
3.2 You warrant that all information that you have provided us with or have submitted (or will submit) to KalliKids.com is true and accurate and not misleading in any way (particularly in relation to (i) your recommendations of providers of activities for us to accredit, (ii) your feedback on an Activity Provider, (iii) your recommendations of activities to be included on KalliKids.com and (iv) your recommendations and ratings/reviews of activities profiled on KalliKids.com).

3.3 You warrant that in using KalliKids.com and being a member of KalliKids.com, you will comply at all times with all applicable law and regulations.

4.  Meet Me Days and events

4.1 We may from time to time invite you to “Meet Me” events where Activity Providers in your local area will be present to provide details of their activities and answer any questions you may have.

4.2 We may choose in the future to make a small charge for your attendance at these events that will be payable on the door of the venue. The charge would cover venue hire and food and drink costs.

4.3 You must comply with all health and safety rules and other policies of the venue at which the “Meet Me” day is held and if you do not, we reserve the right to require you to leave the event.

4.4 You may not bring dangerous items (such as knives, fireworks, smoke canisters, air-horns, drinking glasses, bottles or other glass or similarly breakable containers, cans, poles and any other article that might be used as a weapon and/or may in our reasonable opinion compromise public safety) with you into any of our events. If you are found to have any such item with you, you will immediately be ejected from the venue without any refund.

4.5 You are responsible for your own belongings that you take to a “Meet Me” event and neither we nor the venue will be liable for any loss, damage, theft or destruction of any of your belongings.
 
4.6 We may make changes to the date, time and location of any advertised “Meet Me” events for any reason and may cancel a “Meet Me” event for any reason and we shall not be liable for any such change or cancellation.
 
4.7 We do not guarantee that the Activity Providers that we have advertised as being present at a “Meet Me” event shall be present at such an event and we shall have no liability in relation to an Activity Provider not being present at such an event.

4.8 We disclaim all liability to you in relation to “Meet Me” events (including in relation to vehicles parked at or near the event) other than any personal injury or death caused by our negligence or any liability which cannot be limited or excluded by applicable law.
 
4.9 We cannot guarantee that all food provided at “Meet Me” events will be nut free and as such if you or family members have a nut allergy, we recommend that you do not eat any of the food provided. We shall have no liability for any allergic reactions or other reactions to any food or drink provided at any “Meet Me” events.

5.  Termination

5.1 You may cancel your membership at any time by following the instructions within your account at KalliKids.com or email. If you have any questions, please email us at enquiries@KalliKids.com and confirm that you wish to cancel your membership.

5.2 We may terminate your membership and the Contract without notice and without any liability in the following circumstances:

  • 5.2.1 you have breached these terms and conditions in any way;  
  • 5.2.2 you have breached the terms of our Website Terms of Use or Acceptable Use Policy in any way;  
  • 5.2.3 you are in our opinion transmitting or otherwise connected with any ‘spam’ or any other form of unsolicited bulk email or communication; 
  • 5.2.4 your continued membership may in our reasonable opinion adversely affect our goodwill or reputation; or  
  • 5.2.5 you have breached any of the warranties set out in this agreement or associated conditions including the Terms of Use, Privacy Policy and Acceptable Use Policy (all found at KalliKids.com).  

5.3 We may discontinue the site (and therefore terminate your membership and the Contract) at any time for any reason without notice to you and we shall not be liable in any way for such actions.  

6.   Consequences of termination

6.1 Upon termination of this agreement, your right to use the membership sections of KalliKids.com shall immediately cease. We have no obligation to maintain any of your posted content or any content within your membership section or otherwise on the site.  

6.2 Any termination of this agreement shall not affect any rights or liabilities that have accrued to us prior to such termination.  

7.   Intellectual Property

7.1 We are the owner or the licensee of all intellectual property rights in KalliKids.com (and in all of the material published on it) and in all offline materials produced or commissioned by us. Such works are protected by copyright laws and treaties around the world. All such rights are reserved.  

7.2 You must not reproduce in any format (including on another website) any part of KalliKids.com (including content, designs, look and feel) without our prior written consent.  

7.3 You grant us a perpetual, worldwide, royalty free licence to use all or any and all of your intellectual property rights in any materials or content submitted or shown on KalliKids.com.  

7.4 You shall, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of a third party’s intellectual property rights arising out of your use of KalliKids.com. 

7.5 We reserve the right to change the format, functionality, style and layout of KalliKids.com as we see fit.

8.   Limitation of liability

8.1 Other than liability for us causing death or personal injury to any person by our negligence or any liability which cannot be limited or excluded by applicable law, we exclude all liability for any loss or damage suffered by you resulting from your use of KalliKids.com or your membership (including all consequential loss or damage howsoever caused).

8.2 In the event that we are found liable to you for any loss or damage, this liability shall be limited to the sum of £100 in total for any amount of
claims.  

8.3 You specifically agree and acknowledge that we are not liable to you for any loss or damage, for offence caused or for any threatening, defamatory, obscene, offensive or illegal content uploaded to KalliKids.com by a third party or for the infringement of any of your rights (including intellectual property rights) arising from the conduct of a third party, such as another member or an Activity Provider.  

8.4 You agree and acknowledge that we have no liability for KalliKids.com not being available at any time nor any liability for the deletion, corruption or failure to store any materials or content maintained or transmitted on our through KalliKids.com.  

8.5 We shall have no liability for any advice, views, recommendations or ratings given on KalliKids.com that are provided by third parties.

8.6 Where we provide any content on the site that contains advice, views or recommendations, this is done on a generic basis without considering individual circumstances and hence we shall have no liability for any such content.  

8.7 KalliKids.com contains links to third party websites maintained by Activity Providers. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party sites and we hereby expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. 

8.8 Although we have followed an accreditation process in accrediting Activity Providers, we are not responsible for their actions and therefore disclaim all liability in relation to the actions of such Activity Providers.  

8.9 We may at our discretion amend or remove a rating or a recommendation on KalliKids.com (for example where we have reason to believe that a recommendation is not genuine) and shall have no liability whatsoever in relation to such actions or the recommendations and ratings system in general.  

9.   Indemnity

You hereby agree to, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including professional fees) incurred by, awarded against or agreed to be paid by us arising from your breach of any term of this agreement, the Acceptable Use Policy.

10. Force majeure

We shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement, arising from or attributable to acts, events, omissions or accidents beyond our reasonable control. 

11. Severance

If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force unless, in our reasonable opinion, the purpose of this agreement is frustrated as a result.

12. Variation

We may vary these terms and conditions at any time. The latest version of these terms and conditions shall be as posted on KalliKids.com or as emailed to you. Your continued use of KalliKids.com constitutes your acceptance of any new or updated or amended terms and conditions.

13. Waiver

No failure or delay by us to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.  

14. Assignment

This agreement is personal to you and you may not, without our prior written consent, assign, transfer, sub-contract, delegate or deal in any other manner with this agreement. We may assign this agreement at our discretion and without providing you with notice.

15.  Entire Agreement

This agreement, the Website Terms of Use, the Privacy Policy and the Acceptable Use Policy constitute the entire agreement between us and supersede all prior agreements, communications and proposals. 

16.  Third party rights

A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.  

17.  Governing law and jurisdiction

17.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.  

17.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation.

 

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