Last updated August, 2018.
For the use of Kids Clever & Co’s / Whiz Kids apps, website and services
This agreement applies as between you, the User of our apps and this website and Kids Clever & Co, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of our apps or this Website. If you do not agree to be bound by these Terms and Conditions, you should stop using our apps or this Website immediately.
No part of our apps or this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” – means collectively you Apple iTunes Store or Google Play Store account
“Content” – means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Kids Clever & Co” – means Kids Clever & Co, trading as Globashare Ltd, UK
“Service” – means collectively any online facilities, tools, services or information that Kids Clever & Co makes available through our apps or website either now or in the future.
“System” – means any Online communications infrastructure that Kids Clever & Co makes available through our App or Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
2. Intellectual Property
2.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from our Apps and website unless otherwise indicated on the Website or unless given express written permission to do so by Kids Clever & Co.
3. Third Party Intellectual Property
3.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
3.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
4. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Kids Clever & Co or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Website
Those wishing to place a link to this Website on other sites may do so only with prior permission from Kids Clever & Co. Deep linking (i.e. links to specific pages within the site) requires the express permission of Kids Clever & Co.
7. Use of Communications Facilities
7.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
7.1.1 You must not use obscene or vulgar language;
7.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 You must not submit Content that is intended to promote or incite violence;
7.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
7.1.6 You must not impersonate other people, particularly employees and representatives of Kids Clever & Co or our affiliates; and
7.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that Kids Clever & Co reserves the right to monitor any and all communications made to us or using our System.
8.1 Whiz Kids is free to play with limited access to its video and puzzle game content
8.2 Subscriptions are based on a monthly basis
8.3 Payments will be charged to iTunes Account or Google Play Store Account at confirmation of purchase
8.4 Your subscription will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
8.5 Subscriptions may be managed by the user and auto-renewal may be turned off by going to the Account Settings after purchase
8.6 Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
9. Termination and Cancellation
9.1 You may terminate your Account at any time and may be turned off by going to the Account Settings after purchase
9.4 If orders or payments are canceled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.
9.5 Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
10.1 Payments will be charged to iTunes Account or Google Play Store Account at confirmation of purchase
10.2 Your subscription will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
11. Services, Pricing and Availability
11.1 Whilst every effort has been made to ensure that all descriptions of Services available from Kids Clever & Co correspond to the actual Services, Kids Clever & Co is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 12.4 for incorrect Services.
11.2 Where appropriate, you may be required to select the required Services.
11.3 All pricing information on the Website is correct at the time of going online. Kids Clever & Co reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every calendar month.
11.4 In the event that prices are changed during the period between an order being placed for Services and Kids Clever & Co processing that order and taking payment, provision of Services shall commence as per your order and you will be charged the original price.
12. Provision of Services
12.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
12.2 Kids Clever & Co shall use its best endeavours to provide the Services with reasonable skill and care.
12.4 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. Kids Clever & Co will ensure that any necessary corrections to the Services provided are made within 7 working days.
12.5 Kids Clever & Co reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 12. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
12.5.1 Any use or enjoyment that you may have already derived from the Services;
12.5.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Kids Clever & Co.
Such discretion to be exercised only within the confines of the law.
14.1 Kids Clever & Co makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
14.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
14.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
16. Availability of the Website
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Kids Clever & Co accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
17. Limitation of Liability
17.1 To the maximum extent permitted by law, Kids Clever & Co accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of our apps or website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
18. No Waiver
All notices / communications shall be given to us by email to email@example.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
21. Law and Jurisdiction