1.1 We are KIDDYKIND Limited. Our company information is at the end of this document.
2.1 These are our terms and conditions which apply to our Service (explained below). They’re available in English only. We’ve tried to make them user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please read the entire document carefully and contact us if anything is unclear. Please save a copy as we don’t file a copy specifically for the transaction with you. If you are unable to save a copy, please contact us at hello@kiddykind.com and we can send a copy to you.
2.2 While these terms and conditions apply to all Users (unless otherwise stated), the Addendum to this document contains additional terms that apply only to Sellers. If there is a conflict, the Addendum takes priority.
2.3 Where you communicate with us on behalf of an organisation, you promise that you have authority to do so.
THIS SECTION EXPLAINS WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT
THIS SECTION EXPLAINS HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US
4.1 By registering on our website, you enter a legal contract with us to use our platform Service (which is different from the Seller Contract between Seller and Buyer – see below).
4.2 We reserve the right in our discretion for any lawful reason to refuse any request to use our Service.
4.3 By browsing any part of our Service that does not require registration, you are also bound by these terms to the extent they are relevant.
THIS SECTION EXPLAINS HOW AND WHEN WE CAN CHANGE THESE TERMS AND WHAT YOU CAN DO IF YOU DISAGREE
5.1 We may change these terms and conditions by posting the new version on our website and, if the changes are important, by sending you an email or other message. We will give you reasonable notice before they take effect.
5.2 If you are a Buyer and you don’t agree to the new terms, you should end this contract as explained below before the new terms take effect.
5.3 If you are a Seller, you should end your subscription before the terms take effect. Otherwise, they will apply from the start of your next subscription period after the effective date (or the start of the subscription period after that if it is too late for you to stop the current subscription period rolling over when we tell you about the new terms).
THIS SECTION SETS OUT THE EXTENT TO WHICH YOU ARE ALLOWED TO USE OUR SERVICE
6.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.
THIS SECTION EXPLAINS THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR SERVICE
7.1 You agree not to do any of the following in connection with our Service:
7.2 You agree to:
7.3 You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us if there are any important changes.
THIS SECTION EXPLAINS THE DIFFERENCE BETWEEN YOUR PLATFORM CONTRACT WITH US AND YOUR SELLER CONTRACT WITH OTHER USERS. IT ALSO SETS OUT SOME IMPORTANT ASPECTS OF THE SELLER CONTRACT AS WELL AS OUR ROLE IN FACILITATING THAT CONTACT.
Forming a Seller Contract
8.1 Our Service is a neutral platform where independent Sellers can arrange to sell goods to Buyers. We do not sell those goods ourselves. Any Seller Contract is between the respective Seller and Buyer and the terms are for the parties to agree providing that they are consistent with this agreement. We are not a party to the Seller Contract itself. You acknowledge that any legal claim arising from breach of the Seller Contract is against the other party to the Seller Contract and not against us (KIDDYKIND).
8.2 The Buyer and Seller agree that the Seller Contract includes the standard Seller Terms shown on our Service.
8.3 You also separately agree with us that you will comply with each Seller Contract.
8.4 You agree that we are entitled at any time to end or suspend any Seller Contract by giving notice by email if we consider that either party has broken this platform contract or this platform contract ends or it is necessary to protect either party.
Dealings
8.5 You agree to deal with other Users in a polite and courteous manner and to respond promptly to communications from other Users.
8.6 You agree to cooperate reasonably with the Buyer/Seller and to supply information that they reasonably request.
Complaints and disputes
8.7 If you have any complaint about another User, you must tell us immediately by email. We may in our discretion help to try and resolve the dispute, but we do not promise to get involved.
8.8 If we hold the Buyer payment for the relevant goods, we are entitled to adjudicate on the dispute if we wish. If so, we will tell you that we have taken on this role and our decision will be final. Our adjudication will relate only to allocation of the Buyer payment held by us and not any wider aspect of the dispute. We are entitled to allocate a full refund to the Buyer, to make full payment to the Seller or to split the payment between the parties as we consider appropriate. Both parties agree to provide reasonable co-operation including supply of any photos or documents that we reasonably request. We are entitled to set or extend any deadlines we consider appropriate whether to allow the parties to try and resolve the dispute themselves, to require production of information, to make our decision or otherwise. We have no legal liability to either party in relation to our role as adjudicator.
Not circumventing our platform
8.9 You agree not to use our platform with a view to dealing with other Users outside the platform.
THIS SECTION CONTAINS CERTAIN PROMISES BY YOU REGARDING YOUR CONTENT AND GIVES US SOME RIGHTS INCLUDING TO REMOVE/DELETE/DISCLOSE THE CONTENT IN CERTAIN CIRCUMSTANCES
9.1 You are responsible for your Content.
9.2 You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
9.3 If you post a review, you promise that it is your independent, honest, genuine opinion.
9.4 If you use any features on our Service which enable you to share your Content with other sites, we are not responsible for use of your Content on those sites.
9.5 We are entitled (without telling you or giving you a refund) to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards.
9.6 We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to display on or send via our Service.
9.7 We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
9.8 It is your responsibility to make your own frequent backups of Content if you want protection if it is lost or damaged. We are not responsible for such loss or damage.
THIS SECTION INCLUDES IMPORTANT WARNINGS ABOUT YOUR DEALINGS WITH OTHER USERS AND WHAT TO DO IF YOU ENCOUNTER MISBEHAVIOUR
10.1 We don’t endorse or recommend any Users or their Content. You deal with other Users at your own risk. We are not legally responsible for the accuracy of, or otherwise in relation to, any such Content or for any dealings between Users. Where appropriate, you are responsible for investigating other Users before dealing with them.
10.2 While we may make some enquiries about Sellers, we cannot guarantee that any information provided to us or included in a profile is or remains accurate. You rely on such information at your own risk.
10.3 If you encounter any inappropriate Content or behaviour in connection with our Service or if you have any other concerns for your safety, you agree to immediately (1) stop communicating with the other person and (2) tell us by emailing us to the email address shown below. Please also use any available blocking mechanisms and seek relevant external help If appropriate (e.g., from law enforcement authorities).
THIS SECTION EXPLAINS THAT WE AREN’T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON OUR SERVICE
11.1 We may display other peoples’ services, advertising and/or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
THIS SECTION EXPLAINS THAT YOU RELY ON ANY GENERAL GUIDANCE BY US AT YOUR OWN RISK
12.1 If we ourselves provide any general guidance or other similar information on or via our Service, we do not guarantee that it is accurate or up to date or relevant to you and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
THIS SECTION TELLS YOU ABOUT OBLIGATIONS AND RESTRICTIONS THAT APPLY WHEN YOU SET UP AN ACCOUNT INCLUDING YOUR RESPONSIBILITY FOR OTHERS WHO USE YOUR ACCOUNT
13.1 Unless otherwise specifically stated on our Service, your account is for your personal use only. You must not allow any other person to use your account unless we specifically say otherwise. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).
THIS SECTION EXPLAINS IF WE OFFER SUPPORT AND, IF SO, ANY RESTRICTIONS THAT APPLY
14.1 The Service includes support only if we specifically say so within the Service and, if so, by the specified contact methods. Any support service is only intended to address configuration and proper use of, or any errors or interruptions arising from, our Service.
THIS SECTION EXPLAINS WHEN AND HOW YOU OR WE CAN END (OR SUSPEND) THE CONTRACT AND, IF SO, WHAT HAPPENS.
15.1 If you are a Buyer, you are entitled to end this contract at any time by emailing us to the email address shown below.
15.2 If you are a Seller, you are entitled to end this contract at any time with effect from the end of your subscription by cancelling your subscription as explained in the Addendum.
15.3 We are entitled to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
15.4 If you are a Seller and we end the contract, we will give you at least 30 days’ notice unless we have a legal or regulatory obligation, or a legal right, to end it earlier, or you have repeatedly broken this contract.
15.5 If we suspend our Service, you remain responsible to pay for our Service during the period of suspension if you were at fault. We are entitled to make resumption of a suspended Service subject to reasonable conditions including payment of a reasonable reconnection fee.
15.6 We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
15.7 If this contract ends:
THIS SECTION EXPLAINS THAT WE DON’T PROMISE THAT OUR SERVICE WILL BE ERROR-FREE
16.1 We do not guarantee that the Service will be uninterrupted or error-free.
16.2 We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason.
16.3 You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT
17.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
17.2 If you are a Consumer, we shall not be liable for any loss or damage where:
17.3 If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
17.4 The following clauses apply only if you are not a Consumer:
THIS SECTION EXPLAINS THAT YOU AND WE REMAIN OWNERS OF COPYRIGHT AND OTHER IP RIGHTS IN OUR RESPECTIVE CONTENT AND HOW WE ALLOW EACH OTHER TO USE THE CONTENT
18.1 You remain the owner of the IP in any Content you provide to us for display on our Service. You allow us, at no cost and for so long as this contract lasts, to use and adapt all or part of such material however we wish on our Service. You waive your “moral rights” in relation to such Content to the extent legally allowed . You also allow each User to use your Content in accordance with these terms and conditions. You give us the right to take any legal action we think necessary if there is an infringement of the intellectual property rights in your Content.
18.2 If you are a Seller: You retain ownership of your logos, trade marks and brand names. You are entitled to make your trading identity visible on our Service but subject to how we think your presence should appear.
18.3 We and/or our partners or other Users own the IP in all Content (excluding your Content) used on or in connection with our Service. You may view such material on your device for your personal, private and internal business use only. You must not otherwise use such material including copying, publishing (on the Internet or otherwise), selling or adapting it or taking extracts from it unless we specifically say so in writing (except to the extent specifically allowed by this agreement). You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
18.4 Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
THIS SECTION DIRECTS YOU TO OUR PRIVACY POLICY
19.1 You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.
19.2 You acknowledge that we do not supply Sellers with access to any personal or other information provided to us or generated by use of our Service other than Buyer contact information to enable Sellers to fulfil orders or as otherwise explained on our Service or our Privacy Policy . We do not share any such information with anyone else except insofar as this is necessary for the proper functioning of our Service.
THIS SECTION EXPLAINS THAT WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”
20.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including but not limited to third party telecommunication failures, epidemics/pandemics, shipping delays and transport by third party providers.
THIS SECTION EXPLAINS HOW WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE
21.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
THIS SECTION EXPLAINS WHICH COUNTRY’S LAW APPLIES AND WHERE YOU/WE HAVE TO GO TO COURT IF THERE IS A DISPUTE
22.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.
THIS SECTION CONTAINS SOME FINAL GENERAL INFORMATION ABOUT HOW THIS CONTRACT WORKS
23.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
24.1 If you have any complaints, please contact us via the contact details shown below.
25.1 Company name: KIDDYKIND Limited
25.2 Trading name: “KIDDYKIND”
25.3 Country of incorporation: England and Wales
25.4 Registered number: 12255766
25.5 Registered office: 7 Winslow Field, Great Missenden, HP16 9AR, UK
25.6 Contact address: 1st Floor, Talbot House, 17 Church Street, Rickmansworth, Hertfordshire, WD3 1DE, UK.
25.7 Contact email address: hello@kiddykind.com
25.8 Other contact information: See our website/contact page
ADDENDUM APPLYING ONLY TO SELLERS
26.1 Provided you have complied with your contract with us, we will take reasonable steps to pay you by whichever payment method we use the amount of the payment received from the Buyer less any deductions mentioned below. We will pay you 21 days after we receive the payment (or any alternative period we decide) or, if applicable, following resolution of any dispute that we opt to adjudicate (assuming we decide to make a payment to you).
26.2 We are entitled to deduct our commission plus any applicable VAT from any payment to you. Our commission is charged as a percentage of the total price including delivery and any applicable VAT. We may at any time change the amount of our fee. If so, we will give you at least 30 days’ notice by email. Any orders made from the start of your first subscription period after that 30-day period will be subject to our new commission (or the start of the second subscription period if it is too late for you to stop the current subscription period renewing when we tell you about the new commission).
26.3 We are also entitled to deduct the payment provider fee plus any applicable VAT charged to us for that transaction.
26.4 We are entitled in our discretion to refund to the Buyer on your behalf all or part of the Buyer payment insofar as the Buyer makes a complaint or raises a dispute or cancels the order within any applicable cancellation period or if we otherwise consider it appropriate to make such a refund in our discretion (which may be based on any cancellation policy which applies at that time). You are liable to pay any appropriate refund direct to the Buyer if the relevant Buyer payment has already been paid to you.
26.5 We are entitled to deduct from any payment due to you the amount of any chargeback which has arisen or which we consider is likely to occur (irrespective of whether the chargeback relates to the payment currently due). You agree to pay to us immediately on demand the amount of any chargeback relating to a payment which we have paid to you.
26.6 You are responsible for making up any shortfall arising from charges made by your bank.
26.7 You are responsible for taking your own tax advice and for charging and accounting for any VAT or other taxes due on sales made to Buyers. We are only responsible for accounting for any VAT on our fee that we charge to you.
27.1 Prices, subscription periods and payment methods are as explained on our Service.
27.2 You are legally committed to start paying us once we confirm your order.
27.3 Unless otherwise stated on our Service, the subscription price is based on the number of products you upload to our Service. For example, a single T-shirt with a particular design counts as a single product, irrespective of the number of sizes or colours available. However, a T-shirt with a different design (even slight), counts as a separate product. Our decision about whether or not an item is a separate product is final.
27.4 You agree not to upload more than the number of products allowed under your current subscription.
27.5 Your subscription will continue to be auto-renewed for the subscription period you signed up to unless you end your subscription at least seven days before the renewal date (replaced by any alternative period stated on our Service) by following the instructions on our Service. Ending your subscription does not entitle you to a refund. You authorise us and our payment provider to place a hold on, or charge, your payment card for the relevant amounts or otherwise take payment whenever payments are due in accordance with this agreement. It is your responsibility to update your payment card details as necessary.
27.6 We may at any time change our subscription prices. If so, we will give you at least 30 days’ notice by email. The new subscription price will start at the first renewal of your subscription after the 30-day period (or the second renewal if it is too late for you to stop the current subscription period renewing when we tell you about the new subscription price).
27.7 You must contact us immediately with full details if you dispute any payment.
27.8 You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.
27.9 You must make all payments without any set-off, counterclaim or any other deduction. Time shall be of the essence for all payments under this agreement.
27.10 If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any other remedy that may be available to us, we may charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
28.1 We are entitled without notice to edit the text or layout of your listing to ensure it complies with our terms and conditions and otherwise in accordance with how we think your presence should appear on our Service. Even if we edit your listing, you remain solely responsible for it, so please monitor it carefully.
28.2 We rank Seller listings based on most recent item posted, product categories or as otherwise explained on our Service. Rankings may be influenced by payment if we offer sponsored or similar listings which enable increased prominence.
29.1 You accept that the standard Seller terms we implement for the Seller Contract may not be up to date or legally compliant or otherwise suitable for your circumstances and that our Service may not enable you to comply with all laws and regulations that apply to your sale of your goods. It is your responsibility to satisfy yourself about such matters including by taking legal advice if appropriate. You should also check our site constantly for any changes to the terms. We are not responsible for any losses arising from use of these terms.
29.2 You are also responsible for taking out appropriate product liability or other insurance to protect yourself arising from your supply of goods via our Service including if relevant standard Seller terms are invalidated by a court.
30.1 You agree to immediately tell us about anything that is likely to be relevant to our decision to accept or retain you on the Service and to tell us immediately of any relevant change to your circumstances.
30.2 You accept that use of our Service of itself may not necessarily enable compliance with all applicable laws and regulations concerning the Seller Contract.
30.3 You agree not to use our Service to supply any prohibited goods listed on our Service.
30.4 You acknowledge that we permit Users to post public reviews about you and/or your goods or services. We are not responsible for monitoring or editing reviews. You acknowledge that such reviews may be critical or defamatory of you.
30.5 You accept that we do not guarantee that use of our Service will generate any particular level of revenues or suitable enquiries.