KidLocale Terms and Conditions – for Advertisers
Definitions
- “Agreement” refers to this document – the terms and conditions outlined here, inclusive of any amendments or modifications made from time to time.
- “KidLocale Limited”, “Company”, “we”, “us”, and “our” refer to KidLocale Limited and its affiliates.
- “Advertiser” or “you” refers to the individual or entity that has contracted with KidLocale Limited to advertise their products or services through the Site/App.
- “User” refers to any individual or entity that accesses and uses the Site/App, whether they are registered or not.
- “Registered User” refers to users who have registered an account with KidLocale Limited to use any of the Services.
- “Services” refers to the services offered by KidLocale Limited, including the advertisement of products and services related to children’s activities, and any other services offered from time to time.
- “Site” or “Website” refers to the KidLocale Limited website, currently located at www.kidlocale.co.uk.
- “App” refers to the KidLocale Limited mobile application.
- “Content” refers to all information, data, text, images, and other materials posted, uploaded, published, or displayed on the Site/App by KidLocale Limited, advertisers, or users.
- “Confidential Information” refers to all information that KidLocale Limited discloses to you in relation to the Services, which is marked confidential or is of such a nature that a reasonable person would understand it to be confidential.
- “Renewal Date” refers to the date upon which the existing monthly subscription is extended for a further one month period and the date upon which the payment is due under the extended agreement.
- “Intellectual Property Rights” or “IPR” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information, know-how, trade secrets, and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Please note that any reference to the masculine gender includes the feminine and neuter genders and vice versa; the singular includes the plural and vice versa, and the word “person” includes any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
For the purpose of clarity, the words ‘hereof’, ‘herein’, ‘hereto’, and ‘hereunder’ and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The terms ‘include’ and ‘including’ are not limiting. All section headings are for convenience only and do not affect the interpretation of this Agreement.
KidLocale Limited – Terms and Conditions for Advertisers
These Terms and Conditions (“Terms”) govern the Advertiser’s access and use of the advertising services (“Services”) provided by KidLocale Limited through our website www.kidlocale.co.uk (“Website”). By accessing and using our Services, the Advertiser agrees to comply with these Terms. If the Advertiser is accessing and using our Services on behalf of a company, business, or other legal entity, the Advertiser represents that it has the authority to bind such entity to these Terms.
KidLocale Limited offers services including, but not limited to, an advertising service for businesses, clubs, events, and activities focused on children aged newborn to 14 years throughout the United Kingdom. The Advertiser may select from various advertising packages available on the Website. KidLocale Limited reserves the right to offer additional services, revise any of the Services, or cease offering any of the Services at its discretion, and this Agreement will apply to all such additional or revised Services.
This Agreement may be modified by KidLocale Limited at its sole discretion at any time, with such changes being posted on the Site. The Advertiser’s continued use of this Site or the Services following the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to ascertain the last revision date.
- Business Conduct
The Advertiser represents and warrants that neither it nor any of its officers, directors, employees, or owners (collectively, “Representatives”) has been convicted of a sex offence or is currently under indictment for a sex offence or any other criminal activities. The Advertiser also represents and warrants that it is not aware of any criminal investigations pending against it or its Representatives.
In the event of any changes to the circumstances described above, the Advertiser agrees to immediately notify KidLocale Limited. The Advertiser acknowledges and agrees that any such changes may constitute grounds for immediate termination of this Agreement and suspension of the Advertiser’s access to the Services, at KidLocale Limited’s sole discretion.
KidLocale Limited reserves the right to conduct background checks on Advertisers and their Representatives at any time to verify the accuracy of the representations and warranties made herein. By entering into this Agreement, the Advertiser consents to the conduct of such background checks.
- Payments
Payments for the Services shall be made in advance as per the rates mentioned on the Website. Payments shall be made through the payment options available on the Website.
- Renewals
KidLocale Limited automatically renews all paid subscriptions for the Services on the date such subscriptions expire unless cancelled by the Advertiser prior to the Renewal Date.
- Content
The Advertiser is solely responsible for the accuracy, quality, integrity, legality, and appropriateness of all content and representations made in their advertisements. Notwithstanding any prior approvals KidLocale Limited reserves the right to remove, delete, edit or amend any copy The Company deems inappropriate, offensive or unprofessional.
- Liability
KidLocale Limited is not responsible for any loss or damage resulting from the Advertiser’s failure to comply with these Terms, or from any technical issues that may arise in the course of using our Services.
- Indemnity
The Advertiser agrees to indemnify, defend, and hold harmless KidLocale Limited and its employees from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable legal fees brought by a third party arising out of or in connection with: (a) any act or omission by the Advertiser in connection with its use of the Services; (b) any breach or alleged breach of these Terms.
- Term and Termination
These Terms shall continue to be in effect as long as the Advertiser uses the Services. Either party may terminate these Terms if the other party breaches any of these Terms and fails to remedy such breach within thirty (30) days of receipt of written notice of such breach.
- Geography/Jurisdiction
Our directory is designed for use by people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations/jurisdictions.
- Logos and Imagery
The logo for your business/event must be the correct logo for your business/event and that and all other imagery used in your listing(s) shall not infringe the Intellectual Property RIghts (IPR) of any third party. You shall indemnify KidLocale for any Costs incurred by us in the event that any third party brings a Claim or objection against us for infringement of IPR or for other Claims or objections including for misrepresentation or misleading consumers.
- Linking to KidLocale
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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 to our site in any website that is not owned by you.
KidLocale must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact us at hello@kidlocale.co.uk.
- Removal of Material and Links
We reserve the right to request that you remove all links or any particular link to our Website. You shall undertake to immediately remove all links to our Website upon request. By continuously linking to our Website, you agree to be bound by these terms and conditions.
You reserve the right to request the removal of any content and/or links to your website(s), business(es) or event(s), where you are the owner or authorised representative. Within reason, the content and/or links shall be removed from our Website within 5 business days.
- Force Majeure
Neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations pursuant to this Agreement if such delay or failure is caused by a Force Majeure Event. In such circumstances the affected Party shall be entitled to a reasonable extension of the time for performing such obligations. Either Party may suspend or terminate this Agreement immediately upon written notice if a Force Majeure Event occurs and has prevented the other Party from performing its obligations pursuant to this Agreement for four weeks and continues to do so.
- Governing Law
These Terms and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of Scotland. The parties irrevocably agree the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter.
- Third Parties
Third Parties. Nothing in the Agreement, express or implied, confers upon any third party any right, benefit or remedy under or by reason of the Agreement, the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Modification
KidLocale Limited may modify these Terms from time to time. The updated version of these Terms will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible.
- Variation
No variation, modification or waiver of any provision in the Agreement nor consent to any departure by any Party from any such provision, shall be effective unless in writing and signed by the Parties.
- CONTACT: If you have any questions about these Terms & Conditions, please contact us at hello@kidlocale.co.uk.
These terms and conditions were last revised on 2nd April 2024.
