Background: This agreement applies as between you, the User of this Website and KidsCast, the owner(s) of this Website and extended Applications. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. No part of 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 accepted and provisions of service have begun.
1. Definitions and Interpretation In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Application” means an ‘App’ as used in common parlance supplied by a third party under license;
“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;
“KidsCast” of registered business address KidsCast. The Old Brewery, High Cy, Leeds, LS2 7ES;
“Service” means collectively any online facilities, tools, services or information that KidsCast makes available through the Website or App feature either now or in the future, including but not limited to mobile applications that utilise Website functionality;
“Payment Information” means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our registered offices at KidsCast. The Old Brewery, High Ct, Leeds, LS2 7ES.
“System” means any online communications infrastructure that TLP makes available through the 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;
“User” / “Users” means any third party that accesses the Website and is not employed by Plato and acting in the course of their employment; and
“Website” means the website that you are currently using (Kidscast.tv) and any sub-domains of this site (e.g. subdomain.Kidscast.tv) unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website and Services, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of KidsCast, our affiliates or other relevant third parties. By continuing to use the Website and Services you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by KidsCast.
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 KidsCast 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 to the home page of the site Kidscast.tv without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of KidsCast and unlicensed use will be deemed to be an infringement of both copyright and droit morale rights. To find out more please contact us by email at info@Kidscast.tv or by post to KidsCast. The Old Brewery, High Ct, Leeds, LS2 7ES . 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 or racial or religious hatred;
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 KidsCast 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 KidsCast reserves the right to monitor any and all communications made to us or using our System.
8.1 In order to procure Services on this Website and to use the forum facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
8.1.1 all information you submit is accurate and truthful;
8.1.2 you have permission to submit Payment Information where permission may be required; and
8.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
8.2 It is recommended that you do not share your Account details, particularly your username and password. KidsCast accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
8.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact KidsCast immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, KidsCast will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.
8.4 When choosing your username you are required to adhere to the terms set out above in Clause 7. Any failure to do so could result in the suspension and/or deletion of your Account.
9. Termination and Cancellation
9.1 Either KidsCast or you may terminate your Account. If KidsCast terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
9.2 If KidsCast terminates your Account, service provision will be suspended or may be denied.
9.3 KidsCast reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
9.4 If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.
9.5 A refund of one month’s subscription will be made in proportion to the notice period left within the month. If this figure falls below 0.50p no prepayment will be made.
10.1 Any and all monies are due for payment on completion of service or on the dates, or intervals specified in that order as may be appropriate, unless alternative arrangements are agreed between the Purchaser and KidsCast.
11. Services, Pricing and Availability
11.1 Whilst every effort has been made to ensure that all descriptions of Services available from KidsCast correspond to the actual Services, KidsCast 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. KidsCast 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 KidsCast 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 KidsCast shall use its best endeavours to provide the Services with reasonable skill and care.
12.3 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.
12.4 In the event that Services are provided that do not in conform to your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. KidsCast will ensure that any necessary corrections to the Services provided are made within 7 working days.
12.5 KidsCast 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 KidsCast. Such discretion to be exercised only within the confines of the law.
14. KidsCast 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. 15. Changes to the Services and these Terms and Conditions KidsCast reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If KidsCast is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
16. Availability of the Website and App 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. KidsCast 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, TLP 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 the Website or any information contained therein. Users should be aware that they use the Website and it’s Content at their own risk.
17.2 Nothing in these Terms and Conditions excludes or restricts KidsCast’s liability for death or personal injury resulting from any negligence or fraud on the part of KidsCast.
17.3 Nothing in these Terms and Conditions excludes or restricts KidsCast’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
17.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
18. No Waiver In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
19. Previous Terms and Conditions In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
20. Notices All notices / communications shall be given to us either by post to our Premises (see address above) or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, 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 These terms and conditions and the relationship between you and KidsCast shall be governed by and construed in accordance with the Law of England and Wales and KidsCast and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
INFORMATION COLLECTION AND USE
We will not sell, share, or rent this information to others in ways different from what is disclosed on this page.
We may collect basic personal information from you, in order to keep you informed with information, at your request. At any time, you can request to be removed from our contact database, and you will not hear from us again.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
You are legally entitled to request details of the personal information which we hold about you, under the UK’s Data Protection Act 1998.”
All of our data is stored with our web host. Only authorised members of staff who need the information to perform a specific job are granted access to personally identifiable information.
We will not, under any circumstances, share with any third party individual IP addresses, email addresses, personal contact details or other information collected through this website or related statistic tracking systems. If information sharing is required for the purposes of this or any other event, you will be given immediate notice.
As we are not classed as a “data controller”, we do not have to notify the Information Commissioner about the information we collect or our practices. Please note however, that we comply meticulously with the eight principles of the Data Protection Act 1998 and understand best practice for managing information.
If you have any questions about the security at our website, you can contact us.
Who we are
Our website address is: https://kidscast.tv.
What personal data we collect and why we collect it
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
As you interact with the KidsCast App and our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, automated event logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
Who we share your data with
We may have to share your personal data with third parties set out below
- Service providers acting as processors based both inside and outside the EU who provide IT and system administration services
- Cloud infrastructure providers such as Google, based outside the EU
- Email providers such as MailChimp based outside the EU
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers who require reporting of processing activities in certain circumstances.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and you feel the processing impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party.
- Withdraw consent at any time where we are relying on consent to process your personal data.
If you wish to exercise any of the rights set out above, please contact us.