1. Application of terms and conditions
1.1 These terms and conditions apply to all persons applying for subscription of the website www.kiddycharts.com (“site”) as operated by Helen Neale trading as “KiddyCharts” (“we” or “us”). By registering to be a subscriber to our site or by being featured on our site, you agree to the following terms and conditions and that these prevail over any other terms and conditions.
1.3 Any content posted or submitted by you to our site in the course of a subscription is subject at all times to the Acceptable Use Policy.
2.1 Subscription of our site provides access to the subscribers’ only area of our site which includes charts which can be personalised and downloaded and other resources as described on our site. These resources may change from time to time.
2.2 There are four different levels of paid subscription, which enable you to buy specific numbers of chart credits:
2.2.1 Starter level, which is for one credit;
2.2.2 Bronze level, whith is for 10 credits;
2.2.3 Silver level, which is for 30 credits; and
2.2.4 Gold level, which is for 50 credits.
2.2.5 The resources available for each level of subscription and any restrictions on the use of such resources are as described on our site, and may change from time to time.
2.3 We may at our absolute discretion refuse any type of subscription or any specific resources to any person or entity or terminate any password or user account and we shall not be obliged to state our reasons for such refusal or termination
2.4 Passwords are for own personal use and therefore must NOT be shared at any time. If it is felt this is occurring, KiddyCharts has the right to remove access to the site without notice permanently without further explanation
2.5 KiddyCharts also have a free subscription level. Users register for the site to receive free charts and other free resources. Registration for the site constitutes a business relationship. As such, registered users acknowledge that they will occasionally receive email from KiddyCharts. Users can un-subscribe at any time.
3 Subscription Fees and Payment
3.1 In order to become a subscriber to our site you must complete an online form on our site and pay the annual subscription fee for the level of subscription which you require. The subscription fees may change from time to time and the current fees will be as posted on the site or as emailed to you.
3.2 Payment for all fees is to be made by Paypal. No other payment method will be accepted.
3.3 In addition to the resources provided as part of your subscription our site may also offer the opportunity to purchase additional goods or services. The fees for these shall be as set out on our site at the time that you make payment for them. These fees may change from time to time. If you are an individual subscriber of the site then purchases of additional goods and services are for your own private and domestic use and are non-exchangeable and non-refundable.
3.4 All fees are inclusive of Value Added Tax unless specified otherwise on our site.
3.5 All fees are quoted in pounds sterling, US dollars and euros and currency exchange settlements will be as provided by your debit or credit card provider.
4 Term of Subscription and Renewal
4.1 Your subscription will start on the date on which you pay the subscription fee and continue for one year.
4.2 Approximately four weeks before the expiry of your subscription we will contact you on the email address which you provided to us in the online subscription form or which you subsequently updated on the relevant page of our site to invite you to renew your subscription. In this email we will confirm the date on which your subscription will end (the “Termination Date”) and the subscription fee payable at that time for renewing your subscription for a year. If we do not receive an email from you before the Termination Date requesting that your subscription be terminated, your subscription will be renewed for one year from the Termination Date. If for any reason we are not able to recover payment from you before the Termination Date or within 14 days thereof, your subscription will automatically terminate on the date falling 14 days after the Termination Date without any further notice.
4.3 Either of us may terminate a subscription in accordance with the provisions of clause 6 below.
5 No Cooling off Period
You have no right to a refund or a “cooling off period” if you cancel your subscription. This is because our services (including the ability to download personalised charts) are immediately available to you on our site.
6.1 You may terminate your subscription of the site at any time by emailing firstname.lastname@example.org and providing us with clear notice of your wish to terminate your subscription. No refund of any fee will be provided on termination.
6.2 We may terminate your subscription by giving you two weeks’ notice by email to the email address which you provided to us in the online subscription form or which you subsequently updated on the relevant page of our site.
6.3 We may terminate your subscription and the contract between us without notice and without any liability to make any refund or other payment to you in the following circumstances:
6.3.1 you have breached these terms and conditions in any way;
6.3.3 you are in our opinion transmitting or otherwise connected with any ‘spam’ or any other form of unsolicited bulk email or communication;
6.3.4 you are in our opinion using our site or any information or resources obtained from our site other than for your own private and domestic use (if you are an individual subscriber) or other than for the uses set out in Clause 2.2 (if you are a child-minder/nanny subscriber) or Clause 2.3 (if you are a single site institutional subscriber);
6.3.5 your continued subscription may in our reasonable opinion adversely affect our goodwill or reputation;
6.3.6 any payment from your Paypal account is declined; or
6.3.7 you or we cease to carry on business, are declared bankrupt or enter into an insolvency or administration procedure.
7 Consequences of Termination
7.1 Upon termination of this agreement, your right to use the subscription sections of our site shall immediately cease. We have no obligation to maintain any of your posted content or any content within your subscription section.
7.2 Any termination of this agreement shall not affect any rights or liabilities that have accrued to us prior to such termination.
8 Third Party Links and Products
8.1 Our site may contain links to other websites (“Third Party Links)”. We make no representation that the operation of the site or the links will be uninterrupted or error-free, or will not be re-routed or “black holed”. We do not endorse and are not responsible for the content of any other website.
8.1 Our site may display advertisements for products and services supplied by third parties (“Third Party Products”), offer our subscribers the opportunity to purchase Third Party Products via our site and/or contain reviews or blog posts mentioning Third Party Products. We may be paid a commission when you purchase Third Party Products and the amount of commission varies depending on the product or service. We do not endorse Third Party Products and are not a party to your transaction with the relevant third party seller. Our policy with regard to reviews and blog posts mentioning Third Party Products is that:
8.1.1 if we are to be paid a commission if you purchase a Third Party Product then we will disclose this fact in the review or blog post; and
8.1.2 we will not write a positive review for a Third Party Product unless we believe that the product may be beneficial to our members.
8.2 We make no express or implied warranties or representations with respect to Third Party Links and Third Party Products (including, without limitation, warranties of fitness, merchantability, non-infringement or any implied warranties arising out of a course of performance, dealing, or trade usage) and do not accept any liability for any loss or damage caused by any Third Party Links and Third Party Products.
9 Website Postings:
9.1 You agree to abide by the Acceptable Use Policy in all postings or other submissions which you make to the site.
9.2 We reserve the right to monitor all postings on the site and messages sent via the site or any instant messaging service linked to the site, but we do not control postings or messages, so in accessing the site or messages you acknowledge that we are not responsible for postings or messages written by other subscribers to the site. We do not guarantee the accuracy of any postings made on the site or messages sent via any messaging service linked to the site and accept no liability for any loss or damage caused by reliance on any postings or messages.
10 Intellectual Property
10.1 You acknowledge that the site and any charts and other materials which you download from our site contain materials which are protected by intellectual property rights including copyright laws, trade marks, patents and treaties around the world. We are the owner or the licensee of all such rights. We reserve all such rights and will retain ownership of such rights after you have downloaded material from our site.
10.2 Subscription entitles you to a non-exclusive, limited, non-transferable, non-sub licensable, revocable right to access and use the site and the material on the site. Individual subscribers’ right to use the site and materials is for private and domestic use only. Child-minder/nanny subscribers’ right to use the site and materials is subject to the restrictions set out in Clause 2.2 of these terms and conditions and to any restrictions set out on our site. Single site institutional subscribers’ right to use the site and materials is subject to the restrictions set out in Clause 2.3 of these terms and conditions and to any restrictions set out on our site. This licence will be automatically revoked without notice when your subscription of the site expires or is terminated (for whatever reason). You must not reproduce in any format (including on another website) any charts or other material you have downloaded from our site, any other material on our site or any part of our site (including content, designs, look and feel).
10.3 You grant us a perpetual, worldwide, royalty free licence to use all or any of your intellectual property rights in any materials or content which you post on or otherwise submit to our site or via any instant messaging service linked to our site.
10.4 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 our site or any instant messaging service linked to our site (including any advertising on our site).
10.5 You agree and acknowledge that we retain full editorial control over all posts, messages and other material submitted by you to our site and that we will own all intellectual property rights in relation to such posts, messages and other material.
10.6 We reserve the right to change the format, style and layout of our site as we see fit.
10.7 Notwithstanding any other term of this agreement, if you choose to upload photographs of your children to our site, you will retain the Intellectual Property in the photograph. We will not use the uploaded photograph(s) for any purposes other than those set out on our site (which may include promotional purposes) without your prior consent. Although we make every effort to ensure the security of our site, you upload the photographs of your children at your own risk and we shall not be liable in the event of any unauthorised access, theft or disclosure of such photograph(s).
11 Privacy and Security
11.2 You must keep your password safe and secure not disclose it to anyone. You must not allow any other person to use your username and password. If you become aware that your password is not secure you must immediately change it or notify us.
12.1 You warrant that all information that you have provided us with or have submitted to our site is true and accurate and not misleading in any way.
12.3 We give no warranty as to the results achievable by using the charts or any of the other information and resources on our site.
13 Limitation of Liability
13.1 Other than liability for us causing death or personal injury to any person or for any fraudulent misrepresentation made by us, we exclude all liability for any loss or damage suffered by you resulting from your use of our site or your subscription (including all consequential loss or damage howsoever caused and whether this was in the reasonable contemplation of us or not).
13.2 In the event that we are found liable to you for any loss or damage, this liability shall be limited to the amount that you have paid for your current subscription. In the event that a court of a jurisdiction does not allow such liability on limitation and awards damages against us in excess of the amount that you have paid for your current subscription, you agree to release us from all damages and liability in excess of the amount that you have paid for your current subscription.
13.3 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 our site by a third party or caused by any Third Party Link or Third Party Product or for the infringement of any of your rights (including intellectual property rights) arising from the conduct of a third party.
13.4 You agree and acknowledge that we have no liability for our site 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 or through our site. We do not give any warranty that the site is free from viruses or other harmful software and you download any products or materials at your sole risk. You agree and acknowledge that we have no liability for and damage to or loss of data from your computer system as a result of anything downloaded from our site.
15 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.
16 Default Interest rate
If you fail to pay any amount payable under this agreement, we may charge you interest on the overdue amount. You shall pay the interest immediately on demand, from the due date up to the date of actual payment, after as well as before judgment, at the rate of 4% per annum above the base rate for the time being of the Royal Bank of Scotland Plc. Such interest shall accrue on a daily basis and be compounded quarterly.
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.
We may vary these terms and conditions at any time. The latest version of these terms and conditions shall be as posted on our site or as emailed to you. Your continued use of our site constitutes your acceptance of any new or updated or amended terms and conditions.
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.
This agreement is personal to you and you may not 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.
21 Entire Agreement
22 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.
23 Governing Law and Jurisdiction
23.1 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.
23.2 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 (including non-contractual disputes or claims).