- (a) the entire contents of the Website;
- (b) any use of the Website and all correspondence, related submissions, content or other material exchanged between Kiddylicious and you;
- (c) all Activities, Interactive Services and Promotions offered through or arising out of our Website ; and
- (d) joining our Kiddy Club or joining any other database or register with us.
1.2 Please read these terms & conditions carefully before using the Website. Using the Website indicates that you accept these terms & conditions regardless of whether or not you choose to join our Kiddy Club or join in any Activity, Interactive Service or Promotion with us. If you do not accept these terms & conditions, do not use the Website. The information on our internet site is directed at and available to residents of Australia, unless expressly stated otherwise, is not an offer or solicitation for the purchase of securities, units, investments or products.
1.4 Kiddylicious may revise these terms & conditions at any time by updating this page. You should check the Website from time to time to review the then current terms & conditions because they are legally binding on you. Certain provisions contained in these terms & conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Website. Kiddylicious may make changes to the material on the Website, or to the products described in it, at any time without notice.
2.1 The Website is owned and operated by Kiddylicious (“The Kids Food Company Limited”, “Kiddylicious”, “Kiddylicious International Limited”, “we”, “us”), a company registered in England and Wales with company number 06881545. Our registered office is at Kiddylicious, Kiddy HQ, 152 Station Road, Amersham, Buckinghamshire, HP6 5DW and our main trading address is at Kiddy HQ, 152 Station Road, Amersham, Buckinghamshire, HP6 5DW. Our VAT number is GB977396157.
3.1 While Kiddylicious endeavors to ensure that the Website is normally available 24 hours a day, we reserve the right to withdraw, amend or temporarily suspend the Website without notice. Kiddylicious shall not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website.
3.2 When using our Website, you must comply with the provisions of our acceptable use policy contained in paragraph 5.1 below.
3.3 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms & conditions, and that they comply with them.
4.1 Unless otherwise stated, the copyright and other intellectual property rights in all text, graphics, photographs, images, documents or other material on the Website (the “Website Material”) are owned by Kiddylicious or its licensors. The Website Material is protected by copyright laws and treaties around the world and all such rights are reserved. Any use of Website Material other than in accordance with paragraph 4.2 below for any purpose is prohibited. If you breach any of these terms & conditions, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts Website Material.
4.2 The governing law of the Sites is Victoria, Australia and you agree to submit to the exclusive jurisdiction of the courts of Victoria.
4.3 You are permitted to print one copy or download extracts of pages of our Website Material for your own personal reference on the following basis:
- (a) The Website Material is not modified in any way;
- (b) No illustrations, photographs, video or audio sequences or other graphics or images are used separately from the corresponding text; and
- (c) Our status (and that of any identified contributors) as the authors of the Website Material must always be acknowledged.
4.4 Subject to paragraph 4.2, no part of the Website Material may be reproduced, republished, modified, archived, distributed, stored in any other website or included in any public or private electronic retrieval system, database or service, or commercially used or exploited without Kiddylicious prior written permission.
4.5 Any rights not expressly granted in these terms are hereby reserved by Kiddylicious.
- (a) that breaches any applicable local, national or international law or regulation;
- (b) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, violent, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- (c) for which you have not obtained all necessary licenses and/or approvals;
- (d) which constitutes, incites or encourages conduct that would be considered a criminal offence or fraudulent, give rise to civil liability or damage to any person or property, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
- (e) which is or promotes physically dangerous or harmful activity or is technically damaging (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- (f) which is used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- (g) which involves any kind of commercial activity including advertising, collecting or disseminating contact information for marketing purposes or involves any other kind of marketing activity.
6.2 Kiddylicious shall have no obligations with respect to such Visitor Material and you hereby grant Kiddylicious a perpetual, irrevocable, royalty-free, non-exclusive sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your Visitor Material worldwide and/or to incorporate your Visitor Material in other works in any media now known or later developed to the full term of any rights that may exist in your Visitor Material without payment or compensation to you. This includes the right to publish the Visitor Material on the Website.
6.3 Unless you specifically state otherwise when submitting your Visitor Material:
- (a) You hereby waive any moral rights in your Visitor Material for the purposes of its submission to and publication on the Website and the other purposes specified above;
- (b) You agree that Kiddylicious may (but is not obliged to) include your name and other personal details in conjunction with the Visitor Material and its use;
6.4 You warrant and represent in relation to your Visitor Material:
- (a) it is your own original work and that you have the right to make it available to Kiddylicious for all purposes and to grant the rights and licenses referred to above;
- (b) it does not breach any of the terms of the Acceptable Use Policy above in paragraph 5 including any obligation of confidence; and
- (c) that you have taken all possible care to ensure that your Visitor Material will not attract any complaint under paragraphs 6.4(a) and (b) above.
6.5 You remain responsible and liable for the Visitor Material you submit and you hereby indemnify Kiddylicious against all liabilities, claims, damages, costs and other expenses (including reasonable legal fees and expenses) that may be incurred by Kiddylicious as a result of any breach of the terms in this paragraph 6 relating to your Visitor Material.
6.6 If you do not wish to grant these rights in paragraph 6 please do not submit your Visitor Material.
6.7 Kiddylicious may choose to publish (or otherwise use or not) any Visitor Material you submit and Kiddylicious will exercise its rights in relation to such Visitor Material in its absolute discretion. Kiddylicious reserves the right to remove from the Website at any time and without giving reasons or notice any Visitor Material you have submitted.
6.8 If you are under 16, you must get a parent or guardian’s permission before submitting any Visitor Material.
6.9 Kiddylicious shall fully co-operate with any law enforcement authorities or court order requesting or directing Kiddylicious to disclose the identity or locate anyone posting any material in breach of paragraph 5.1.
7.1 We may from time to time provide Activities, Interactive Services and Promotions which shall be subject to these terms & conditions and any Kiddylicious Rules.Activities
7.2 The participation in or use of any Activities should be supervised by a parent or guardian and any safety instructions or guidance issued by Kiddylicious should be followed. Kiddylicious does not accept liability for: 7.2.1 the use or misuse of any such Activities; or 7.2.2 failure or delay to provide such Activities on the Website.
7.3 Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
7.4 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
7.5 The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as any moderation is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them.
7.6 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
7.7 Promotions (and any prizes) are subject to availability. Further Kiddylicious Rules may apply in relation to Promotions which are in addition to these terms & conditions.
7.8 There will be no cash alternatives in whole or in part to any prizes or promotional items offered on or through the Website.
7.9 Kiddylicious accepts no responsibility for any entries which are lost, delayed, corrupted, damaged, misdirected or incomplete or cannot be delivered for any technical, delivery or other reasons.
7.10 Any decision by Kiddylicious in respect of winners is final and binding, and no correspondence will be entered into in respect of any such decision.
7.11 Competition winners may be asked to participate in related publicity. By entering into any Promotion, you hereby grant Kiddylicious the right to use your name, likeness and/or biographical information in any publicity or statement made in connection with any promotion.
7.12 By entering into any Promotion, entrants agree to be bound by, and are deemed to have read, understood and accepted, these terms & conditions.
7.13 Kiddylicious reserves the right to void, cancel or suspend any Promotion at any time without notice.
7.14 All promotions are run by third party agencies appointed by Kiddylicious, unless otherwise stated (“Promoter”). All liability is the responsibility of the Promoter.
8.1 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
8.2 Kiddylicious will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
9.1 Our Website contains links to websites owned and operated by third parties. If you use these links, you leave our Website. These links are provided for your information and convenience only and are not an endorsement by Kiddylicious of the content of such linked websites or third parties. Kiddylicious has no control over the contents of any linked website and is not responsible for these websites or their content or availability.
9.2 Kiddylicious therefore makes no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them or the suitability or quality of any of their products or services.
9.3 Subject to paragraph 9.4 below, if you decide to access any third party websites and make use of the information contained on them, and/or enter into any contract for the supply of goods or services from such third party, you do so entirely at your own risk. Kiddylicious accepts no liability for any damage or loss, however caused, in connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.
9.4 The disclaimer in this paragraph 9 also applies to links to retailers or other sellers of Kiddylicious products and if you wish to purchase our products from such retailers, we are of course delighted, but Kiddylicious is not a party to any such contract for the purchase between you and any seller. This does not affect your statutory or other legal rights that exist between you and us as the manufacturer of our products.
9.5 If you would like to link to our Website, subject to paragraph 9.6, you may only do so on the basis that you link to, but do not replicate, the home page of our Website, and subject to the following conditions:
- (a) you do so in a way that is fair and legal and does not damage Kiddylicious reputation or take advantage of it;
- (b) you do not remove, distort or otherwise alter the size or appearance of the Kiddylicious logo or branding;
- (c) you do not create a frame or any other browser or border environment around our Website;
- (d) you do not in any way imply that Kiddylicious is endorsing any products or services other than its own;
- (e) you do not misrepresent your relationship with Kiddylicious nor present any other false information about Kiddylicious;
- (f) you do not otherwise use any Kiddylicious trade marks displayed on the Website without express written permission from Kiddylicious;
- (g) you do not link from a website that is not owned by you; and
- (h) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
9.6 Kiddylicious expressly reserves the right to revoke the right granted in paragraph 9.5 without notice.
9.7 You shall fully indemnify Kiddylicious for any loss or damage suffered by Kiddylicious or The Kids Food Company Limited for breach of paragraph 9.5.
10.1 While Kiddylicious endeavors to ensure that the information on the Website is correct (excluding Visitor Material), Kiddylicious does not warrant the accuracy and completeness of the information (including Visitor Material) on the Website. The information on the Website may be out of date, and Kiddylicious makes no commitment to update such information.
10.2 Further, without limiting the foregoing, Kiddylicious does not represent, warrant or guarantee the truthfulness, quality or reliability of any Visitor Material nor endorses any opinions, advice or recommendations contained in any Visitor Material.
10.3 From time to time the Website may contain information together with views provided by experts about food and nutrition (together “Food Data”). Although we endeavor to ensure that Food Data are obtained from reliable and bona fide sources, such Food Data are obtained from third parties and we have not verified them. We cannot guarantee the accuracy or completeness of any Food Data and make no warranty or representation, express or implied, about them. Food Data are intended as a general guide only and are not be relied upon as health or other professional advice.
- (b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including without limitation any liability for:
- (1) loss of income or revenue;
- (2) loss of business;
- (3) loss of profits or contracts;
- (4) loss of anticipated savings;
- (5) loss of data;
- (6) loss of goodwill;
- (7) wasted management or office time; and
- (8) any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
- (b) in relation to Visitor Material on the Website, the following additional terms apply:
- (1) Kiddylicious does not recommend or endorse any Visitor Material;
- (2) Users of the Website accept that Kiddylicious may not and is not obliged to pre-screen any Visitor Material submitted by users;
- (3) You acknowledge that any reliance on Visitor Material submitted by other users will be at your own risk; and
- (4) Kiddylicious disclaims all liability and responsibility arising from any reliance placed on Visitor Material.
- (a) death or personal injury caused by negligence; or
- (b) fraud; or
- (c) misrepresentation as to a fundamental matter; or
- (d) any liability which cannot be excluded or limited under applicable law.
Kiddylicious shall not be in breach of these terms & conditions nor liable for delay or failure to perform our obligations under these terms & conditions, if such delay or failure results from events, circumstances or causes beyond our reasonable control including without limitation the acts or omissions of any third party (including any communications operators or fulfilment house), any act of God, fire, storm, flood, lightening, adverse weather conditions, disease, strike, trade dispute, act of terrorism or any act or omission of government or regulatory bodies.
Our Kiddylicious trade mark (registered and unregistered) is owned by The Kids Food Company Limited, including IP in relation to the brand “Kiddylicious”.
14.1 The following terms shall have the following meanings:
- (a) “Activities” means all fact sheets, games and other material available for you to download or access from the Website offered through or arising out of our Website (including any Kiddylicious Policies relating to such use, unless expressly stated otherwise in the Kiddylicious Rules);
- (b) “Join our Kiddy Club” means becoming a friend of Kiddylicious by signing up to our mailing list;
- (c) “Kiddylicious” means all of our subsidiaries and associated companies of The Kids Food Company Limited and Kiddylicious International Limited (as defined in section 1159 of the Companies Act 2006);
- (d) “Kiddylicious Rules” mean any rules or terms issued by Kiddylicious when you sign up to Activities , Interactive Services or Promotions offered through or arising out of our Website;
- (e) “Freebies” means free gifts, Kiddylicious products or money off coupons which are subject to availability and terms & conditions;
- (f) “Interactive Services” means interactive services available on our Website including without limitation games, chat rooms or bulletin boards;
- (g) “Promotions” means all competitions, offers, prize draws or other promotions;
- (h) “Website” the website at the domain name kiddylicious.com;
- (i) “You” means any user of the Website.
Kiddylicious is the trading name of The Kids Food Company Limited.
Our main trading address is at Kiddy HQ, 152 Station Road, Amersham, Buckinghamshire, HP6 5DW.
The Kids Food Company Limited is a company registered in England and Wales with company number 06881545 and having our registered office is at Kiddy HQ, 152 Station Road, Amersham, Buckinghamshire, HP6 5DW. Our VAT number is GB977396157.
We really appreciate hearing from you. Please be aware that by submitting content to this Website by email, postings on this Website or otherwise, including any product reviews, questions, comments, suggestions, ideas or the like contained in any submissions you grant Kiddylicious and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission.
By submitting content, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
- • Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- • Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- • Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Kiddylicious;
- • Unsolicited promotions, mass mailings or "spamming", transmission of "junk mail", "chain letters", political campaigning, advertising, contests, raffles, or solicitations;
- • Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- • Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- • Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- • Viruses, corrupted data or other harmful, disruptive or destructive files;
- • Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- • Content or links to content that, in the sole judgment of Kiddylicious, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose Kiddylicious or its affiliates or its users to any harm or liability of any type