Terms of Use

 

Last updated: 20th July 2016

 

1. Introduction  

(1) The www.thekidsdo.com website and any mobile application for the website are hereby referred to as the “Site”. The ''Site'' is owned and operated in England. The Company is hereby referred to as “The Company'', ''TheKidsDo”, “we”, “us” or “our”. 

(2) These terms and conditions (the “Parents Ts&Cs”) together with the Privacy Policy govern the relationship between The ''Company'' and any individual using or accessing the Site and any of the content or services available through it as a parent or potential parent, and who is not using it in his/her/its capacity as a business (each, a “Parent” or “you”). Parents include people who use the Site to access information about and to schedule activities for their children.

(3) The Parent Ts&Cs constitute a legally binding agreement between ''The Company'' and the Parent. By using or accessing the site or the ''Company'' 's platforms or systems, you agree to the Parent Ts&Cs. You acknowledge that you agree to and are subject to the Provider's T&Cs as well as our Privacy Policy. If you do not fully agree to the Provider Ts&Cs, you are not authorised to access or otherwise use the Site.

(4) The ''Company'' does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.

(5) The ''Company'' may revise these Parent Ts&Cs at any time by posting an updated version to this web page. You should visit this page periodically to view the most current Parent Ts&Cs because they are binding on you.

 

2. The Basics

(1) This Site is a place where Parents can request a schedule of activities offered to children and young adults (“Activities”) by others, including businesses, other parents, schools, leisure centres and activities managers (each, a “Provider” and collectively with a Parent, the ‘Users’). At a future stage, we may also offer online booking or other tools or services to allow users to communicate with each other and to enter into booking agreements or other transactions.

(2) The Site acts only as a venue for users and The ''Company'' is not, and does not become, party to any contractual relationship between the Parent and the Provider, and does not mediate between the Parent and the Provider in the event of any dispute arising between them. This is true even if the Site facilitates scheduling and, at a later stage, booking an Activity or the use of other tools, services or products, as The ''Company'' is not a party to any scheduling, booking or other agreement between Parents and Providers.

 

3. Activities Listings and Interaction with Providers

(1) Providers are entirely responsible for all of the information, including images, text and other content, relating to the Activities they offer (“Listings”), for updating them and ensuring (where relevant) that they are correctly presented and free of any deficiencies within them.

(2) If a Parent finds an Activity in which they are interested, they can send an information request to the Provider (an “Enquiry”) stating their surname, e-mail address and telephone number, along with any requested information, without having to log in to the Site for the purpose. By requesting a schedule and submitting your email address, you agree to receive communications from The ''Company'' regarding products, services and Activities ideas. You can opt out of receiving these communications at any time by clicking on the unsubscribe link or by contacting us via our website.

(3) The Provider may then communicate with the Parent in connection with the Enquiry.

Please print a copy of any message that is important to you – for example a payment receipt or a booking confirmation.

(4) The ''Company'' has no responsibility for, or involvement in, the communications between the Provider and Parent.

 

4. Registration and establishing an Account

(1) Should Parents wish to use services available to them on the site other than simply making an enquiry, they must register with The ''Company''. The ''Company'' does not authorise anyone to enquire or register unless they are able to enter into legally binding contracts. As a result of successfully completing the enquiry or the registration process, the Parent is deemed to have obtained a user account for the site (an “Account”).

(2) To obtain an Account, a Parent must follow all of the instructions given The ''Company'' during the registration process. A Parent can sign up for an account using their full name, a personal email address, telephone number and postal address

(3) The Parent’s Account includes information which is made publicly available to other users of the Site both in an anonymous manner (e.g. a Parent whose child has attended a specific activity will be shown to other parents as ‘’Parent’’) and identifiable manner when authorized by the Parent (e.g. when a Parent invites their parent-friends to the platform, this parent will be shown on the site to his/her invited parent-friends with his/her name). Information can also be seen by other internet users not registered on the Site, for example, some information may show in Google search engines (e.g. a Parent Review). An Account includes, amongst other things:

A dedicated profile, known as “My profile” page. Personal profiles may display a user’s photo and name as mandatory fields. Other personal and activities information are optional and it will remain at the discretion of the parent. We never ask for the names of your child/children; instead we make a colour code system available to you for each child that you may wish to include as part of your Parent’s profile.

 (4) Parents can deactivate their Account at any time. Parents can deactivate or unlink their accounts by placing a request via our contact form. You understand and accept that even if you deactivate your Account, data could be retained by The ''Company'' under the terms of the Site’s Privacy Policy, or Information About Cookies. You understand and consent to the use of your data as outlined in the Privacy Policy and Information About Cookie. You also understand and accept that data relating to your transactions with The ''Company'' could have been transmitted to and remain on other sites, for example Google if Google search engine technology has copied content from The ''Company'' ’s sites or systems.

(5) The ''Company'' also uses Google Analytics to gather statistics on site usage. There are more details in the Privacy Policy and Information About Cookies and in Google’s own privacy policy. Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube. You understand and accept that The ''Company'' has no control over Google’s data collection.

 

5. Rights and obligations of The ''Company''

(1) The ''Company'' shall use commercially reasonable efforts to ensure that depictions on the site of the photos of the Activities that Providers have submitted to The ''Company'' are as true and accurate a representation of those photos as practicable. However, you acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.

(2) Further, you also acknowledge that Providers – and not The ''Company'' – are responsible for the accuracy with which the photos depict the relevant Activity.

(3) The ''Company'' may occasionally undertake upgrades and maintenance of the site, its platforms and systems. These works may result in restrictions on the usage. The ''Company'' will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most Parents’ usage is least affected.

(4) The ''Company'' offers a messaging system which may be used by Parents to enquire with The ''Company''. You acknowledge that unauthorised third parties may misuse the system and unlawfully intercept or read messages. The ''Company'' is not liable for any such misuse.

(5) You acknowledge that The ''Company'' is not responsible for checking the identity, or for the behaviour, of Providers or for establishing the nature, condition or existence of an Activity.

(6) The ''Company'' reserves the right to transfer these Parent Ts & Cs, and to assign or subcontract any or all of its rights and obligations under these Parent Ts & Cs to a third party but will not do so in such a way as to reduce any guarantees you are given under these Parent Ts & Cs.

 

6. Intellectual Property and Related

(1) All content that appears on this site, and the site itself, is protected by copyright and database rights.  Reproduction of the site, in whole or in part, including the copying of text, graphics or designs, is prohibited

(2) Parents are permitted to download, display or print individual pages of the site to evidence their agreement with The ''Company''. The relevant file or the relevant printout must clearly bear the text “© Copyright 2015 to Present - The ''Company'' - All Rights Reserved”.

(3) Where a Parent submits to or transmits through the site or The ''Company'' ’s platform or systems any content of any type, including text or images, the Parent undertakes that he/she has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or owners of featured items (’property release’).

(4) To the extent that Parents’ reviews or other content may contain trademarks or other proprietary names or marks, Parents undertake that they have the right to do so.

(5) By submitting reviews to the site, Parents authorise The ''Company'' to use them both on the site and in separately published form.

 

7. Parents’ Accounts, Communications and Reviews

(1) Parents must provide only accurate and truthful information concerning their identity for their Account and profile pages, and any other communications on the Site, including reviews of Activities.

(2) Where applicable, Parents are required to keep their Account login details secret and not to pass them on to third parties or allow them to be used to provide shared access, for example over a network. Parents should use a password that is unique to their use of the Site – they must not use the same password as is used for another site. The ''Company'' will never ask Parents to disclose these details. If you are contacted by third parties and asked for Account login details, under no circumstances should you impart any of those details, but must immediately notify The ''Company'' of the occurrence through the contact form. In addition, should you notice that your account is being used by an unauthorised third party, you should immediately report the matter to The ''Company'' through the contact form and change your password.

(3) Messages sent via The ''Company'' ’s systems should only relate to genuine generic or booking enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse The ''Company'' ’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.

(4) The ''Company'' does not generally conduct identity checks. If Parents suspect that the Provider has supplied false information, they are invited to notify The ''Company'' through the contact form.

(5) The ''Company'' complies with its Privacy Policy. Further details can be obtained from the Privacy Policy. The Parent consents to the use of his/her data as outlined in the Privacy Policy. Providers generally authorise The ''Company'' to forward the Provider’s contact details, including telephone number, to Parents in connection with an Activity booking. Parents may ask for these details to be supplied on production of proof of the booking; alternatively, these details may be made available to Parents through their Accounts.

 

8. Indemnification

You agree to indemnify and hold The ''Company'' and its affiliates harmless against any claims by third parties brought against The ''Company'' or any The ''Company'' Affiliate arising out of or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; or (c) any breach by you of these Parent Ts&Cs.  The ''Company'' will provide notice to you promptly of any such claims.

 

9. Prohibitions

The Parent shall not directly or indirectly:

·       With respect to the site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;

·       Monitor content on the site or The ''Company'' ’s platform or systems by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or activity adverts, or any subset of the same or which is in the business of providing activities services or other services that compete with the site or The ''Company'') and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with The ''Company''’s robots.txt file;

·       Use the site or The ''Company'' ’s platform or systems for purposes other than those referred to in these Parent Ts & Cs;

·       Use the site or the tools and services on the site for the purpose of booking or soliciting a booking of an Activity other than an Activity under a valid Listing;

·       Reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;

·       Upload or send to the site or The ''Company'' ’s platform or systems any contents or programs, which on account of their size or nature, might damage The ''Company'' ’s computers or networks;

·       Include content on the site or The ''Company'' ’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;

·       Use or access the Site or The ''Company'' 's platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus“ includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);

·       Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability;

·       Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or

·       Refer to The ''Company'' or any The ''Company'' Affiliate in any way that might lead someone to believe that the Parent or any website is sponsored by, affiliated with, or endorsed by The ''Company'' or any of its Affiliate.

 

10. Right to delete content

Parents are responsible for ensuring that their communications, and content posted, through or in connection with the site, including Parent Reviews and communications with Providers, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright, data protection law or the Content Guidelines. The ''Company'' may monitor any data on the Site or The ''Company'' ’s platform or systems and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, The ''Company'' shall be entitled immediately to remove from the site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account.

 

11. Notifications

(1) Messages are to be sent using the contact form

(2) Notifications of copyright infringement must contain:

·       Your postal address, telephone number and e-mail address

·       Precise details about the content in question (insertion of the text or image) including a link to the website;

·       A signed declaration in lieu of an oath, which evidences that you:

o   Hold the exclusive rights to use the work;

o   Have not authorised the use of the material in question in this form.

 

12. Liability of The ''Company''

In no event will The ''Company'' be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site or The ''Company'' ’s platform or systems, any materials or content you submit to the Site, and your use of the Site and/or any transaction between users, even if The ''Company'' has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the site or The ''Company'' ’s platform or systems, you do not agree with any part of these Parents Ts & Cs, then your sole and exclusive remedy against The ''Company'' is to discontinue using the site. Nothing in these Parent Ts & Cs shall exclude or restrict The ''Company'' ‘s liability for death or personal injury resulting from its negligence; nor for The ''Company'' ’s fraud or fraudulent misrepresentation.

 

13. Miscellaneous

(1) These Parent Ts & Cs, and the relationship between the Provider and The ''Company'', shall be governed by and construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the English courts. 

(2) These Parent Ts & Cs and the Privacy Policy contain the entire agreement between The ''Company'' and Parent relating to their subject matter.

(3) The ''Company'' recommends that you save your own copy of these Parent Ts & Cs in a separate file on your device or in print-out form.

(4) The ''Company'' ’s failure to act with respect to a breach of these Parent Ts & Cs by the Parent or others does not waive The ''Company''’s right to act with respect to subsequent or similar breaches.

(5) The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Parent Ts & Cs.

(6) The invalidity of one or more provisions of these Parent Ts & Cs shall not affect the validity of the other provisions.

Terms & Conditions

Unique

 

each schedule is designed to fit into the life of each individual family we serve

Passionate

 

about the physical and mental well-being of children and teenagers

Private

 

we respect your privacy and that of your family

© Copyright TheKidsDo - 2016-Present. All rights reserved.

TheKidsDo provide smart technology to search and plan for after school activities, effortlessly. Helping busy parents, their active children, and activity providers.
We currently operate in Kingston-upon-Thames, New Malden, Richmond, Twickenham, Surbiton
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