USER TERMS AND CONDITIONS
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH COMMERCELENS LTD (COMPANY REGISTRATION NO. 08871442) HAVING ITS REGISTERED OFFICE AT 1 LYRIC SQUARE, LONDON, W6 0NB (“WE”, “US” OR “OUR”) PROVIDES YOU (“YOU” OR “YOUR”) WITH ACCESS TO THE SERVICES AVAILABLE AT THE WWW.KIDSORTED.COM WEBSITE (“WEBSITE”).
PLEASE READ THESE TERMS VERY CAREFULLY. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON “I ACCEPT”, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO ACCESS THE WEBSITE OR THE SERVICES. YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
IMPORTANT NOTICE: The Website connects You with Our partners of classes, activities and other services and allows You to contact and book classes and activities with such partners through the Website. We do not offer any classes, activities or other services to You. Such services will be provided to You by the partner on the terms and conditions agreed between You and each partner directly. We are not a party to those terms and conditions, and You and the partner will each be separately responsible and liable to one another. We provide more information on this relationship below.
The Website is owned and managed by Commercelens Ltd.
Commercelens Ltd can be contacted by writing to Commercelens Ltd, 1 Lyric Square, London,
W6 0NB or by using the details on the Contact Us page on the Website.
About the Website
2.1The Website is an online marketplace connecting You with various providers (“Partners”) of classes, activities or other services (“Offer” or “Offers”) designed for children and adults (together the “Services”).
2.2You can access the Website either as a visitor (“Visitor”) or by registering with the Website and becoming a member (“Member”). As a Member, You can create Your own profile for the purpose of using the Services and the Website, which is made available to other users (“Profile”)
2.3The Services available will be as described by Us on the Website from time to time, but the key features include the ability to:
2.3.1search and browse Offers on offer by Partners;
2.3.2contact Partners for further information on Offers provided;
2.3.3book Offers directly through the Website; and
2.3.4access and use any other features and functionalities of the Website provided by Us to You from time to time.
3.1You hereby warrant that:
3.1.1You are at least 18 years old;
3.1.2You have the capacity to agree to these Terms; and
3.1.3You are not in any way prohibited by the applicable law in the jurisdiction which You are currently located to enter into these Terms.
3.2You must register to access and use all features and functionality offered on the Website. By registering with the Website, You consent to Us conducting verification and security procedures in respect of the information provided by You during the registration process.
3.3Upon the completion and submission of the online registration form on the Website, You shall be sent a verification email (“Confirmation Email”) to the email address You provided on the
registration form. On receipt of the Confirmation, You may access Your Profile.
3.4You hereby warrant that the information provided by You to Us is true, accurate and correct. You further warrant that You shall promptly notify Us in the event of any changes to such information provided.
3.5You shall keep Your registration details for the Website (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to Us, We reserve the right to promptly disable Your Login Details and suspend Your access to the Website in the event that We have any reason to believe You have breached any of the provisions set out herein.
3.6Notwithstanding the foregoing, We reserve the right to:
3.6.1accept or reject Your application to register for any reason; and
3.6.2refuse You access to the Services and/or Website (partly or wholly) if You breach any of the provisions hereunder.
4.Formation of Your Contract
4.1Your contract with Us shall commence:
4.1.1where You are a Visitor, upon Your visit to the Website;
4.1.2as a Member, at such time as You receive the Confirmation
4.2Unless otherwise expressly set out to the contrary herein, Your Contract with Us shall remain in force:
4.2.1where You are a Visitor, for the duration of Your visit to the Website;
4.2.2where You are a Member, for the duration in which You continue to use the Services.
5.Accessing the Website
5.1Subject to these Terms, We hereby grant to You a
5.2Except as expressly permitted in these Terms, You shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the Website, in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Website to source code form; (iii) distribute,
5.3We will use Our reasonable endeavours to make the Website available to You at all times, but We cannot guarantee that the Website will be uninterrupted or fault free. Routine and essential
maintenance and upgrades may be required from time to time to improve, add functions or restore the Website. Notice may not occur at the time of any of the events listed within this clause.
5.4We may suspend Your access to the Website, wholly or partly, at any time without notice to You if any of the following events occur:
5.4.1the third party service and network providers cease to make the third party services or network available to Us;
5.4.2We are undertaking repairs, planned maintenance or upgrades to the Website;
5.4.3We believe that You or someone using Your Login Details has failed to comply with one or more of these Terms;
5.4.4We believe that there has been fraudulent use, misuse or abuse of features or functionalities of the Website (in whole or in part);
5.4.5We believe that You have provided Us with any false, inaccurate or misleading information;
5.4.6We believe that You are not acting in a personal capacity.
5.5We reserve the right to make changes to the Website and/or the Services or any part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features and functionalities of the Website and/or Services.
6.1You shall, at all times:
6.1.1comply with all applicable laws, regulations, directives and legislations in Your use of the Website;
6.1.2comply with any guidelines provided or reasonable instructions issued by Us from time to time in respect of Your use of the Website;
6.1.3not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website;
6.1.4not use the Website and/or any knowledge, information,
6.1.5not use the Website and/or not do anything that shall or be reasonably deemed to infringe any intellectual property rights or other rights of any third parties.
6.2You shall not submit to appear on the Website through Your use of the Services, any information, comments, images, reviews, third party URL links or other material whatsoever in any format (“Your Submissions”), whether on Your Profile or elsewhere on the Website, that may reasonably be
deemed to be offensive, illegal, inappropriate or that in any way:
6.2.1promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.2.2harasses or advocates harassment of another person;
6.2.3displays pornographic or sexually explicit material;
6.2.4promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
6.2.5promotes any illegal activities;
6.2.6provides instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
6.2.7promotes or contains information that You know or believe to be inaccurate, false or misleading;
6.2.8may be deemed to be a misrepresentation of any facts;
6.2.9engages in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without Our prior written consent; or
6.2.10infringes any rights of any third party including but not limited to intellectual property rights;
and YOU HEREBY INDEMNIFY AND HOLD US HARMLESS FROM LOSS OR DAMAGE WE MAY SUFFER OR INCUR ARISING OUT OF OR IN CONNECTION WITH A BREACH BY YOU OF CLAUSES 6.1 and 6.2.
6.3Unless otherwise explicitly stated by Us, We do not vet, verify the accuracy, correctness and completeness, edit or modify any information, data and materials created, submitted and/or provided by You through the Website or otherwise to determine whether it may result in any liability to any third party. You hereby warrant that You have the rights to use all such information, data and material in the manner set out in these Terms. WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF OUR WEBSITE AND/OR SERVICES BY YOU IN CONTRAVENTION OF THIS CLAUSE 6.3.
6.4You hereby grant Us a
6.5If You have reason to believe that anyone has not followed or complied with their obligations in clause 6.2 above or any other section of these Terms, or You have a complaint to make, please
6.6In the event that We, in Our sole and absolute discretion, consider that You have breached any of the terms set out in this clause 6.6 We reserve the right to take any action that We deem to be necessary, including without limitation, disabling Your Login Details, suspending Your access to the Website (in whole or in part) and/or terminating Your use of and access to the Website; and in the case of illegal use, the instigation of legal proceedings and/or disclosure of such information to law enforcement authorities or third parties as We reasonably feel is necessary.
6.7The features of our Website may permit interaction with certain social media services, enabling you to share content (or for us to share your content on your behalf where you have included the appropriate tags) from such social media services on the Website. Such content forms part of Your Submissions and you are responsible for ensuring that such content complies with the terms of clause
7.You and Partners
7.1The main purpose of the Website is simply to discover and connect You with Partners, as well as facilitate the booking of Offers. Accordingly, We shall not be responsible in any way for any Offers, advice or other communication which may be provided to You by a Partner. Such Offers provided by a Partner are subject to separate terms and conditions that may be agreed between You and the relevant Partner directly.
7.2Whilst We endeavour to ensure Our Partners will positively contribute to the Website, We make no warranties and assume no responsibility for verifying the credentials, standards or reputation of
any Partner, or any information that may be listed with respect to any Partner. You acknowledge and agree that it is Your entire responsibility to carry out whatever enquiries You deem necessary to verify whether or not to seek advice or Offers from a Partner and/or that any information provided and/or communicated to You by a Partner (whether through the Website or otherwise) is true, accurate, complete and
7.3 In the event there is a dispute between You and any Partner, or if the Partner’s Offers or advice are not provided to Your satisfaction, You acknowledge and agree that We shall not liable to You for any loss or damage suffered by You as a result of any such Offers, advice or any other acts or omissions of a Partner, whether through or outside the Website. YOU HEREBY RELEASE AND HOLD US HARMLESS FROM ANY SUCH LOSS OR DAMAGE OR ANY LIABILITY IN RELATION TO ANY ACT OR OMISSION OF A PROVIDER, OR ANY DISPUTE BETWEEN YOU AND A PROVIDER.
8.Enquiries and booking Offers
8.1The Website may offer You the ability to contact a Partner directly through the Website. You acknowledge that by submitting such an enquiry to a Partner, You are submitting the information requested in the relevant enquiry form to the Partner directly.
8.2The Website may permit bookings for certain Offers to be made directly through the Website (“Booking”). The relevant price for the Offer is set by the Partner and shall be as it appears on the Website from time to time (“Price”).
8.3Where You wish to place a Booking through the Website, You acknowledge that before placing a Booking, You must read and agree to the Partner’s terms and conditions, including the Partner’s refund policies (if any), as provided on the Website.
8.4The contract for the provision of the Offer is created between You and the relevant Partner and not between You and Us.
8.5When placing a Booking, We will facilitate payment of the Price on behalf of the Partner, as such Partner's payment collection agent, using Your preferred payment method permitted on the Website and will send You a receipt by email. Payment of the Price in such manner shall be considered the same as payment made directly by You to the Partner. Charges will be inclusive of any applicable taxes.
9.1We may, from time to time, run or promote competitions on the Website alone or in conjunction with one of Our Partners. In addition to this clause 9, these competitions may be subject to additional specific terms and conditions, as notified to You prior to entry.
9.2We reserve the right to disqualify Your entry from any competition and/or withhold any prize if We have reasonable grounds to believe that You have breached any of these Terms.
9.3You shall only be entitled to one entry in each competition. You are solely responsible for ensuring the contact details submitted by You in relation to Your entry are accurate and correct.
9.4Winners will be selected at random from all eligible entries received by Our representative (“Judge”). The Judge’s decision will be final and no correspondence will be entered into. It is Your
responsibility to ensure that any contact details included in Your entry are current and up to date.
9.5 In the event You are the winner of a competition, You acknowledge that there are no prize substitutions or cash alternatives and the prizes are not transferable. We reserve the right to select an alternative winner to the competition in the event that:
9.5.1We have reasonable grounds for believing that You have breached any term of Your Contract or the specific competition terms; or
9.5.2We have been unable to contact You within 72 hours of You being selected as the winner of the competition.
9.6Where any prize involves travel, You will be responsible for making all necessary arrangements and paying all associated costs.
9.7We reserve the right at any time to modify or discontinue, temporarily or permanently, a competition due to reasons outside Our control. In this event We will send an email or inter Website message notification of the change to the Competition.
9.8To the extent permitted in law, We shall not be liable to You for any loss or damage howsoever caused (whether in contract, tort or statutory duty or otherwise) arising out of or in connection with the competition.
9.9As a winner of any competition, You may be required to participate in reasonable promotional activities. You hereby acknowledge and agree to Your name being published on Our Website and Our social media channels in the event You are a winner of a competition.
10.1We may from time to time organise events where You can meet other Users and Partners
10.2We reserve the right at Our sole and absolute discretion and for whatever reason to:
10.2.1accept or reject Your application for registration to an Event; or
10.2.2refuse Your attendance at any Event.
10.3We shall use reasonable endeavours to ensure that Events are conducted on the date specified on Our Website, but We shall not be liable for any losses, liabilities, costs or expenses incurred by You should We change the date and/or time of the Event.
10.4Cancellation may be necessary in exceptional circumstances and We reserve the right in Our absolute discretion to cancel an Event. We will not pay any compensation, nor be responsible for any costs or expenses incurred by You as a result.
10.5Unless otherwise expressly stated by Us at the time of booking, You will not be able to cancel or receive a refund for any tickets purchased by You for an Event.
10.6You agree to comply with any policies and/or procedures in force at the venue at which the Event is to be performed, including any reasonable security procedures in place from time to time. We reserve the right to refuse You admission to any Event where You breach any such policies and/or procedures.
11. Term and Termination
11.1Your Contract will remain in full force and effect until termination of Your Contract in accordance with this clause 11.
11.2We may, at any time and for any reason, terminate Your Contract and deny You access to the Website by providing You with seven (7) days notice by
11.3You may elect to terminate Your Contract on written notice to Us, by writing to Us by email and requesting that Your Contract be terminated or by deleting Your Profile.
11.4On termination of Your Contract in accordance with this clause 11 You will no longer be entitled to access the full functionality of the Website.
11.5 Sections 4.2, 6, 7, 8 (in relation to any unpaid Price), 11.5, 12, 13 and 16.3 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable.
12. Our Intellectual Property
12.1Other than in relation to any links to third party websites, We own or have a licence to use all right, title and interest in and to the Website, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the Website or the content contained therein to You. All rights in and to the Website or content not expressly granted to You are reserved by Us and/or Our licensors.
12.2You are granted a
12.3You are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos owned by Us, and doing anything which may be seen to take unfair advantage of Our reputation and goodwill or could be considered an infringement of any of the intellectual property rights owned and/or licensed to Us, without first obtaining Our written permission.
13. Warranties & Liability
13.1Any content, information or material provided by Us to You as part of the Website is provided on an ‘as is’ basis for Your convenience only. Such content, information and material does not constitute advice or a recommendation and therefore it should not be solely relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
13.2To the maximum extent permitted by law, We expressly exclude all representations, warranties, obligations and liabilities in connection with the Website and the Service, and any content, information or materials provided therein.
13.3If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Terms and such amount that We may pay to You for such loss or damage You suffer under or arising out of Your Contract shall be limited in the aggregate to one hundred pounds sterling (£100.00).
13.4We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time We entered into this Contract.
13.5We shall not be responsible for any loss of profits, contracts or business, loss of an anticipated outcome or anticipated savings.
13.6We accept and do not limit Our liability to You for the following categories:
13.6.1death or personal injury;
13.6.2fraud or fraudulent misrepresentation;
13.6.3any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Website Act 1982.
14.1We are committed to protecting (i) Your privacy; and (ii) the confidentiality of the information provided by You using the Website.
15. Our affiliations and linking
15.1The Website provides links to and content from third party websites. Such third party websites are not Our responsibility and accordingly We accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not endorse the views expressed therein.
15.2Third party websites operate under their own terms and conditions, and You are advised to read such terms and conditions prior to making use of such third party websites. Further, where You access any third party website through a link on Our Website, You acknowledge and agree to abide by the terms and conditions of such third party website.
16.1You may print and keep a copy of these Terms, which form the entire agreement between You and Us and supersede any other communications or advertising with respect to the Website. You acknowledge that in entering a Contract, you have not relied on any representations, undertaking or promise given by or implied from anything said or written on the Website, the internet or in negotiation between You and Us except as expressly set out in these Terms.
16.2We may alter or amend these Terms at any time, with immediate effect upon notice to You. By continuing to use the Website after such alteration, You will be deemed to have accepted any amendment to these Terms.
16.3These Terms and their performance shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the courts of England.
16.4You shall comply with all foreign and local laws and regulations which apply to Your use of the Website in whatever country You are physically located, including without limitation, consumer law, export control laws and regulations.
16.5If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
16.6Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
16.7Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of
16.8Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Us and such third parties shall not be entitled to enforce any term of these Terms against Us.