Terms and conditions

Please read the following terms and conditions carefully as they govern the use of this website. By using the www.kids.org.uk website you accept these terms of use as from the date you first access this website.

Content

All material contained within the Kids’ website (www.kids.org.uk) is covered by a disclaimer and protected by copyright laws.

Access to this website (www.kids.org.uk) is subject to the following conditions.

Content Accuracy

Whilst all reasonable efforts have been made to ensure the accuracy of content, no responsibility can be taken for any error or omission. Kids reserves the right at its sole discretion to discontinue or amend any aspect of this website at any time.

Intellectual Property

Kids owns the copyright of, and other intellectual property rights, in www.kids.org.uk and its contents. “Rights” means copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, anywhere in the world. You acknowledge that (i) Kids’ is protected by these Rights; (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, these Terms and Conditions and applicable copyright, trademark and other laws govern your use of such Rights.

You may view, print, download or store extracts from www.kids.org.uk for your personal, non-commercial reference without alteration, addition or deletion.

You may not otherwise copy, replicate, distribute, publish, commercially exploit or otherwise transfer any www.kids.org.uk material or content without prior consent.

You may not collect or use any personal details from the www.kids.org.uk website.

Trademarks

The “Kids” logo is a trademark. All other trademarks and logos used in this website are the trademarks or logos of their respective owners.

Limitation of liability (PLEASE READ CAREFULLY)

Kids (and its group of charitable companies, officers, trustees, employees and agents) shall not be liable or responsible for any claim, loss, damage, costs and expenses of any nature (including without limitation for any direct, indirect, incidental, special, punitive, or consequential damages whether resulting from breach of contract, negligence or any other cause of action) arising in connection with www.kids.org.uk or your use of it (including, without limitation, for any contributions to www.kids.org.uk by users, for any viruses, bugs, trojan horses or other contamination resulting from use of www.kidss.org.uk, for any interruption or delays to the use of www.kids.org.uk, or for any errors, omissions or inaccuracies in any content on www.kids.org.uk). Nothing in these terms of use shall exclude or limit any liability for death or personal injury arising from negligence, or for any other liability which cannot be excluded or limited by law.

You agree that you are solely responsible for your use of this site, and that to the fullest extent permitted at law, Kids, its officers, trustees, employees and agents do not make any representations and do not give any warranties, express or implied, concerning www.kids.org.uk and its content. In particular, Kids does not warrant or represent that www.kids.org.uk or its content is virus free.

All software provided by third parties (for example Acrobat Reader) is the sole responsibility of that third party.

Links to other websites

This website contains links to other websites that are operated by third parties. Kidsdoes not accept any liability over the content of these third party sites. Such links are provided for your convenience only and you access these links at your own risk. The existence of these links does not constitute an endorsement of such websites, and your linking to these sites is at your own risk.

Indemnity

You agree to indemnify Kids (and its group of charitable companies, officers, trustees, employees and agents) from all claims, loss, damages, costs and expenses arising in connection with your use of the www.kids.org.uk website, or your breach of any of these terms of use. This obligation shall survive the end of these terms of use and your use of this website.

Governing Law and Jurisdiction

These terms of use shall be governed by and construed in accordance with English Law and you agree to submit to the exclusive jurisdiction of the English courts. This Site is controlled from within the United Kingdom. Kids make no representations that this website is appropriate or available to locations outside the United Kingdom. If you access this website from outside the United Kingdom, you do so at your own risk and are responsible for compliance with applicable local laws or regulations.

If any provision of these terms of use is deemed to be invalid by a court of competent jurisdiction, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Modification of the Terms and Conditions

Kids may modify the terms of this agreement on this site. You agree to periodically review this agreement to be aware of any such revisions. Should the revision be unacceptable to you, you agree to stop accessing this site.

Your continued use of this website following such notification of any such revision(s) shall be deemed as acceptance of and agreement to abide by all such revisions.

Kids is a registered charity (Registered in England No. 275936) and a company limited by guarantee (Registered in England and Wales No. 1346252).

Terms & Conditions for Services Purchased by Parents / Carers

These terms may have changed since you last reviewed them

We may make changes to these terms from time to time, the terms which apply to your contract are those in force at the time the contract is made.

Where to find information about us and our products

You can find everything you need to know about us, KIDS, a Company limited by guarantee No: 1346252 Registered Charity Number 275936 Registered office: 249 Birmingham Road, Wylde Green, Sutton Coldfield, West Midlands, B72 1EA, and our products on our website before you order. Our VAT number is GB100 1832 81. We also confirm the key information to you in writing after you order as part of the quote process.

When you order or book services from us you are agreeing these terms:

Our site and services are only for users in England

Our site and service is directed to people residing in England. We do not represent that content available on or through our site is appropriate for use or available in other locations at this present time.

We only provide advice and support

Whilst reasonable care and skill is taken in the delivery of services, where the services are to provide guidance and advice, we cannot and do not make decisions on behalf of individuals as to the implementation of that advice and support in respect of their own circumstances.

We only accept orders or bookings when we’ve checked them

We will contact you to confirm we’ve accepted your order or booking.

We charge you when you order/book

If any different payment plan, or subscriptions are related to the services, the payment plan will be clear at the stage of ordering.

However, for some services we take payment at regular intervals, as explained to you during the order process. If your product is goods (rather than digital content or services), you will own it once we have received payment in full.

We pass on increases in VAT

If VAT becomes applicable or if the rate of VAT changes between your order date and the date we supply the services, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We’re not responsible for delays outside our control

If our supply of your services is delayed by an event outside our control, such as illness of an online trainer or other staff member which cannot be covered a short notice or interruption to internet services preventing our staff carrying out a session, we contact you as soon as possible to let you know and do what we can to reduce the delay or reschedule. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our team: to end the contract and receive a refund for any services you have paid for in advance, but not received.

You have a legal right to change your mind

Your legal right to change your mind. For most of our services bought online or by e-mail order you have a legal right to change your mind about your purchase and receive a refund of what you paid for it for 14 days.  This is subject to some conditions, as set out below.  Where you have requested services within the cancellation period, this right may be lost.

When you can’t change your mind. You can’t change your mind about an order for:

  • One to one sessions: less than 48 hours before the session commences
  • Group Sessions: less than 48 hours before the session commences
  • Pre-recorded sessions: after you have started to download or stream these services

The deadline for changing your mind. If you change your mind about a service you are to receive you must let us know no later than 14 days after the day we confirm we have accepted your order.

How to let us know. To let us know you want to change your mind, please refer to the Cancellation Instructions here: https://familysupport.kids.org.uk/cancellation-policy/

You have to pay for services you received before you change your mind. If you bought a service we don’t refund you for the time you were receiving it before you told us you’d changed your mind.  Due to the costs we incur, we will charge the full costs of services to be received if cancelled in the time periods set out above and you will not receive a refund.

When and how we refund you. If your product is a service, digital content or goods that haven’t been delivered, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind.

Summary of your key legal rights

If your product is services, for example online training sessions or training in person, the Consumer Rights Act 2015 says:

  • You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
  • If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.
  • If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

We can change products and these terms

Changes we can always make. We can always change a product or service:

  • to reflect changes in relevant laws and regulatory requirements;
  • to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a service. We do this to:

  • deal with technical problems or make minor technical changes;
  • update the product or services to reflect changes in relevant laws and regulatory requirements; or
  • make changes to the services

We can withdraw products

We can stop providing a product, such as an ongoing service or a subscription for digital content or goods. We let you know at least 14 days in advance and we refund any sums you’ve paid in advance for products which won’t be provided.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if:

  • you don’t make any payment to us when it’s due;
  • you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the services.

We don’t compensate you for all losses caused by us or our products

We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:

  • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control.
  • Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice.

You have several options for resolving disputes with us:

Our Complaints Policy. Both we and you should use our best endeavours to resolve, by negotiation, any dispute arising out of, or relating to, this Service Agreement as speedily as possible.

When resolution cannot be agreed at this stage between the Parties, it will then be necessary to follow the steps set out in KIDS’ Feedback and Complaints Policy (as amended from time to time) at https://www.kids.org.uk/feedback-and-complaints/.

Resolving disputes without going to court. Alternative Dispute Resolution (‘ADR’) is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If we are unable to resolve your complaint via our Complaints Policy, ADR bodies exist which are competent to deal with complaints about professional services should both you and our firm wish to use such a scheme. Our default position however is that we have chosen not to adopt an ADR process as part of our Complaints Policy.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this. We may not agree.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

Cancellation Policy for services purchased by parents / carers

Right to cancel

You have the right to cancel within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation form below, but it is not obligatory.

You can use the following email addresses to cancel specific services.

 

Service Types of services Email cancellations to
SEND Family Support Online 1:1 Consultations and group Training Sessions for parents / carers familysupportonline@kids.org.uk

 

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.

Please see the terms and conditions above which details when we impose charges for cancellations and the last time for cancelling without cost.

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]:

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate