Terms and Conditions of the use of Kidshomestudy web-site

These Terms and Conditions apply when you access our website to use Kidshomestudy Limited ("Kidshomestudy") services. Before proceeding to use our services, you should read the Terms and Conditions carefully. If you find yourself unable to agree to them, then you must not use our website. If, however, you agree to them you will be given the opportunity to click the "I accept" checkbox during the registration process, and you will then be able to use our website and the Kidshomestudy services to which these Terms and Conditions apply.

Kidshomestudy may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on our website ("the Site") and announcing such changes in the site administration forum.

Except as stated below, all amended Terms and Conditions shall be automatically effective after they are posted on the Site. It is therefore important that you check these Terms and Conditions and the website on at regular intervals.

Contents

1. Membership Eligibility

1.1 Our services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms and Conditions. Without limiting the foregoing, our services are not available to minors (under 18 years of age). If you do not qualify, you are not permitted to use our services and no contract will be formed between you and Kidshomestudy. Further, our services are not available to temporarily or indefinitely suspended Kidshomestudy members.

2. Formation of Contract

2.1 In order that a legally binding contract can be formed between Kidshomestudy and a member eligible under clause 2 above, the member is required to accept these Terms and Conditions by clicking the "I accept" checkbox during the registration process

2.2 These Terms and Conditions shall override any contrary terms or conditions published by Kidshomestudy (unless it is made clear in writing by Kidshomestudy that they are to supersede these Terms and Conditions) or terms and conditions provided by members or any third party or appearing on this web site pertaining to members

2.3 In consideration of Kidshomestudy agreeing to the member’s use of the Site, the member agrees to comply with these Terms and Conditions

2.4 Kidshomestudy is not obliged to supply the services to you until we have confirmed acceptance of your order which shall be when the contract is made and confirmed in an email to you

3. Fees and Services

3.1 Kidshomestudy reserves the right to change its fee policy and the fees charged for our services from time to time. Changes to the policy will become effective fourteen (14) days after notice of the changes have been posted on the announcements board of the Site. However, Kidshomestudy may choose to temporarily change the fees for special services offered from time to time. Such changes become effective immediately upon posting notice of the changes on the announcements board. In these instances, you will have an opportunity to review and accept the fees that you will be charged for the use of Kidshomestudy services. Unless otherwise stated, all fees are quoted in UK Sterling. You are responsible for paying all fees associated with using our services and the Site and all applicable taxes.

4. The Site

4.1 Kidshomestudy reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Site at its sole discretion and without notice. It is the member’s responsibility to refer to and update itself in relation to any changes made. Any such changes will become effective upon posting by Kidshomestudy

4.2 Kidshomestudy does not warrant any continuity of connection, transmission over security or results from the use of any network connection or facilities provided or omitted to be provided in connection with the use of the Site

4.3 Where Kidshomestudy provides hyperlinks to a third parties website, Kidshomestudy shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of any other web-site which may be referred to or accessed by the hyperlink and Kidshomestudy does not endorse or approve the content of such third parties web-sites.

4.4 Kidshomestudy makes no warranty as to the continuous availability of the Site, but shall use reasonable endeavours to keep down time to a minimum

5. Kidshomestudy and the Consumer Protection (Distance Selling) Regulations 2000 (DSRs)

5.1 English law, under the DSRs, usually entitles you the right to cancel an order made online within 7 working days after receiving the goods. HOWEVER THIS RIGHT DOES NOT APPLY TO OUR SERVICES. You do NOT have the right to cancel our services as the services shall have commenced prior to the end of the cancellation period as provided by the DSRs. THIS IS VERY IMPORTANT AND YOU CONSIDER THIS POINT BEFORE PLACING YOUR ORDER.

6. Your Information

6.1 "Your Information" is defined as any information you provide to Kidshomestudy or other users during registration, in any public message area, through feedback or any e-mail or form features.

6.2 Your Information and conduct (or any items listed therein) shall not:

• be false, inaccurate or misleading;
• be fraudulent or involve the sale of counterfeit or stolen items;
• infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
• violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
• be obscene, blasphemous, contain any pornography including without limitation child pornography or other legally restricted material;
• contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything;
• post or transmit chain letters, pyramid schemes, advertising, promotional materials, or other solicitation except as where explicitly requested by another user

6.3 Kidshomestudy will only use Your Information in accordance with the Privacy Policy to the Site

6.4 You are responsible for all statements made and acts that occur through the use of your membership and password. Please don’t disclose your password to anyone. If your password has been stolen, you must let us know. Kidshomestudy may at any time, and at its sole discretion, terminate your membership without prior notice to you for violating the above provisions.

6.5 While Kidshomestudy cannot review all transmissions by members in the forum, we reserve the right to, and we may from time to time, monitor any information transmitted or received through our service. Kidshomestudy, at our sole discretion and without further notice to you, may review, remove, or otherwise block any information (including posts to message boards) that we deem inappropriate or that violates any of our agreement with you or these Terms and Conditions

7. Access and Interference

7.1 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior written consent of Kidshomestudy.

7.2 You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or to reverse engineer any part of the Site or the Site’s content.

7.3 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.

7.4 Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Kidshomestudy by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior written consent of Kidshomestudy or the appropriate third party, with the exception of downloading or printing a single copy for yourself for offline viewing.

8. Breach

8.1 Without limiting other remedies, Kidshomestudy may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:

• you breach our Agreement with you or these Terms and Conditions or the documents it incorporates by reference (including but not limited to our Privacy Policy)
• Kidshomestudy are unable to verify or authenticate any information you provide to us; and
• Kidshomestudy believe that your actions may cause legal liability for you, our members or us

9. Privacy

9.1 For more details on Privacy, please review our Privacy Policy.

10. No Warranty

10.1 The Site including, without limitation, its contents, functionality, performance and features are provided on an "as available basis" at the member’s sole risk and without representations or warranties of any kind and to the full extent permitted by law. Kidshomestudy and other parties involved in creating, producing or delivering the Site expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free.

11. Liability Limit

11.1 Nothing in these Terms and Conditions is intended to limit or exclude any liability on the part of Kidshomestudy where and to the extent that applicable law prohibits such exclusion or limitation including without limitation death or personal injury.

11.2 Subject to the above statement, in no event shall Kidshomestudy or its suppliers be liable for any indirect or consequential losses including without limitation lost profits; lost sales; lost business; lost opportunity; lost information; lost anticipated savings; or special, indirect or consequential damages (however arising, including as a result of negligence) arising out of or in connection with our agreement with you or these Terms and Conditions.

11.3 Accordingly subject to clause 13.1, you agree not to bring a claim of any nature against Kidshomestudy in relation the use of or access to the Site, except where such a claim cannot be excluded by law. You acknowledge and agree that Kidshomestudy will have the right (subject to the discretion of the Court) to a stay of proceeding if you bring any claim against Kidshomestudy in breach of the foregoing

11.4 Nothing in these Terms and Conditions shall affect your statutory rights.

12. Indemnity

12.1 You agree to indemnify, defend and hold harmless Kidshomestudy and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or lost it may incur, including legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

13. Legal Compliance

13.1 You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service

14. No Agency

14.1 You agree that you and Kidshomestudy are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by you accepting our services any agreement between us or these Terms and Conditions.

15. Notices

15.1 All notices required to be served on Kidshomestudy shall be sent to the to the e-mail address of Kidshomestudy.

16. Intellectual Property

16.1 You acknowledge that the ownership in any intellectual property rights (including, without limitation, patents, copyright, rights in databases, trade marks and trade names) in the Site belongs to Kidshomestudy or its third party licensors. Accordingly, any part of this Site (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this Site, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with our services.

16.2 Copyright and all other intellectual property rights subsisting in each and every piece of information provided on the Site is owned by Kidshomestudy or the third party providers of such information. You may use information retrieved from the Site only for the purposes of our services.

16.3 Kidshomestudy reserves the right in accordance with the licence granted under in our agreement with you to license and republish the material contributed by you. Any work republished will be with proper attribution to the author.

16.4 No person other than the rightful owner or licensee of any copyright and other intellectual property rights may:

16.5 distribute, modify, transmit, re-use, re-post, or use any or all of the information on this Site for any purpose other than as set out above nor for public or commercial purposes without Kidshomestudy or the relevant licensee’s prior written permission;

16.6 provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Kidshomestudy services without Kidshomestudy’s or the relevant licensee’s prior written permission;

16.7 Display, publish, copy, print, post or otherwise use the Kidshomestudy services and the information contained therein for the benefit of any other website without Kidshomestudy or the relevant licensee's prior written permission;

16.8 Process or otherwise use the information contained on or within the Kidshomestudy services for any illegal or immoral purpose nor use or process the same unfairly.

16.9 You therefore hereby undertake to Kidshomestudy to indemnify and hold harmless Kidshomestudy in full and defend at its own expense Kidshomestudy against all claims, liabilities, costs and losses whatsoever and howsoever incurred by Kidshomestudy its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any intellectual property rights of any third party caused by your use of the Site and your Information.

16.10 Kidshomestudy, Kidshomestudy.com, the Kidshomestudy.com logo and the Kidshomestudy logo are trade names or trade marks of Kidshomestudy, the use of which is expressly forbidden by any other persons without the express permission of Kidshomestudy.

16.11 Kidshomestudy makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the Kidshomestudy services please contact Kidshomestudy at the address below.

17. Intellectual Property Infringement

17.1 Contributors might share messages and information that they have electronically copied from other sources. As there are many thousands of possible sources spread out across the Internet, ranging from newspapers to scientific journals to bulletin boards, it is impossible for Kidshomestudy to know if a posting or other content contribution infringes a third party's intellectual property right and to what degree.

17.2 If you believe that your intellectual property right has been infringed, it is your obligation to notify Kidshomestudy immediately. Kidshomestudy accepts no liability for copyright infringement by any of its members though Kidshomestudy will Endeavour to protect any rights owner through appropriate action should any infringement come to light.

18. General

18.1 These Terms and Conditions and any agreement between us shall be governed and construed in all respects by the laws of England the courts of which shall have exclusive jurisdiction.

18.2 If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out of these Terms and Conditions and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Kidshomestudy failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

18.3 The laws of your country may be different from those of England and Wales in numerous respects. There is no practical way for Kidshomestudy to monitor the laws of every country in detail. Please do not assume that you are allowed to do what other members do. Kidshomestudy.com does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.

18.4 Kidshomestudy does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on the Site. Please do not assume that such items offered will be harmless to people or property.

18.5 These rules are in addition to all others contained in the agreement. You are responsible for checking that your activities are all lawful according to the local laws in your country. If you and any other party are both based in the European Union and enter into a transaction agreement of any kind through the site then the seller's local law will govern further dealings as to shipment, payment etc. - unless you both explicitly agree otherwise.

18.6 Note however, that your country (and/or that of any member you deal with) may have some laws, which apply regardless of what you agree with us (now) or with that member (later).

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