Kiddo Advertising for Parents enables businesses to advertise (“Advertisers”) to our audience of parents on Kiddo.
These terms (“Advertising Terms”) apply to you or any advertiser on whose behalf you advertise (“Advertiser”) on Kiddo to promote products and/or services. If you are accepting these Advertising Terms on behalf of another legal entity, including a business or other entity, you represent that you have the full legal authority to bind such entity to these Advertising Terms.
By using Kiddo Advertising for Parents, you agree to be bound by these Advertising Terms, including any changes that may have been made since your prior use of this service. We may change or modify these Advertising Terms at any time in accordance with section 10.5 below.
Please note, we reserve the right to remove any Ads from Kiddo and/or Advertiser from using Kiddo at any time, if in our discretion, we believe mutual trust or confidence no longer exists.
Click on the links below to read more about each section:
1.1 For the purpose of these Terms:
(a)“Personal Information” is information that could reasonably be used to identify an individual or as other defined in relevant privacy laws.
(b) “you” or “your” or “Advertiser” means the person using or accessing Kiddo Advertising for Parents or any part thereof.
2.1 Kiddo Advertising for Parents is designed for Advertisers to post legal and valid banner ads on Kiddo (“Ads”). Parent and caregivers will be able to view these Ads in the Kiddo app or as applicable, from the online Kiddo newsletter (see further section 2.3 below). The Ad can include a direct URL as nominated by the Advertiser. As an Advertiser, it is solely your responsibility to ensure that each of your Ads and their materials complies with all applicable laws and regulations, these Advertising Terms, and any of our applicable policies.
2.2 Kiddo acts as a service through which Advertisers can post Ads to provide information about their business by directing Kiddo users to a URL which they can click on to learn more about your business.
2.3 The Kiddo Advertising for Parents service may also include the option for you to target our Kiddo community through placing an Ad in our regular online newsletter.
3.1 The agreement constituted by these Advertising Terms has a minimum term of three (3) calendar months commencing from the date of sign-up (Minimum Term), unless terminated earlier as permitted pursuant to section 3.3 below.
3.2 Upon the completion of the Minimum Term, the agreement shall automatically renew for successive periods of 1-month each (each a “Renewal Period”) unless either party provides written notice of non-renewal at least twenty (20) days prior to the expiration of the then-current term. Each Renewal Period shall be subject to these Advertising Terms.
3.3 We may terminate this agreement effective immediately by sending you an email notice if:
(a) you breach any provision of this agreement; or
(b) you terminate or suspend your business; or
(c) become subject to control of a trustee, receiver or similar authority or any bankruptcy or insolvency proceeding.
3.4 Upon the termination of this agreement for any reason all rights granted to you will immediately terminate. Termination will not entitle you to any refunds or credits and you will be liable for all monthly billing fees for the remainder of the Minimum Term or Renewal Period (as applicable) after termination.
4.1 You may be required to create and maintain a Kiddo user account in order to sign up to order Ads on Kiddo as an Advertiser. You are responsible for setting up, managing and revoking the access levels for your Ads account. You are responsible for all activity that occurs in your Ads accounts, including the actions of each individual with access to your Ads accounts. Any individual who may be granted access to an Ads account must comply with these Advertising Terms.
4.2 When you use Kiddo to submit an Ad, you will tell us the information required to initiate and target your campaign, which may include the target audience, your objective, the start and end of your Ads campaign, where you want to place the Ad (for example, as a banner in the Kiddo app and/or in our regular online Kiddo newsletter). Once your Ad is approved, Kiddo will serve the Ad when inventory on the Kiddo platform becomes available that matches the criteria associated with your Ad. When serving your Ad, Kiddo will use reasonable means to ensure that the Ad is delivered according to your criteria, but Kiddo does not guarantee in every instance that your Ad will reach our Kiddo community with your selected criteria, reach the Kiddo community that you intended when you selected the criteria, and/or deliver any specific results. To ensure consistency with the requirements of Kiddo, we may make certain formatting changes to your Ads, including but not limited to, changes to size, placement and positioning.
4.3 Any cancellation or modification by you of an Ad must be done by written notice to your account representative at Kiddo or by email to hello@kiddoapp.com.au. While you may request a cancellation or modification of your Ad at any time, you will be responsible for any payment obligations that accrue / you will not be able to get a refund for amounts pre-paid or paid.
5.1 Advertisers must pay the then current monthly advertising fee each month to Kiddo (Advertising Fee) as notified by Kiddo, for the Minimum Term.
5.2 Kiddo may charge Advertisers interest on late payment at its applicable bank interest rate plus any costs we incur as a result of collecting an Advertiser’s payment.
5.3 If the Advertiser does not pay the Advertiser’s account on time Kiddo may disable the Advertiser’s account without notice and refuse to supply further services to the Advertiser.
5.4 The Advertiser authorises Kiddo to collect payment from the Advertiser by debiting the Advertiser’s nominated bank account or credit card or other method agreed between Kiddo and the Advertiser within 14 days of the date of invoice. [If you pay by credit card, you agree to submit your credit card information to Kiddo’s payment processor in order to process payments. You are responsible for reviewing all applicable terms presented by the payments processor before submitting your information to them.]
5.5 Advertisers agree that:
(a) they will provide accurate and up to date payment details, including bank account or credit card details or such other details as agreed, to support the payment of the Advertising Fee;
(b) pursuant to the Privacy Act 1988 (Cth), the Advertiser authorises Kiddo to obtain from either a credit reporting agency or other credit providers personal credit information about the Advertiser and/or the Advertiser’s directors or a consumer credit report about the Advertiser for the purpose of approving the Advertiser’s use of Kiddo as an Advertiser or collecting overdue payments owed by the Advertiser.
6.1 Each Advertiser warrants and agrees that:(a) it will not use Kiddo to disseminate malware, spyware or other malicious code; (b) it has full power and authority to accept these Advertising Terms; (c) you have and hereby grant to Kiddo and its related entities all the necessary licenses and clearances to use the information contained in your Ads and advertising material; (d) you and your Ads are in compliance with all applicable laws and regulations; and (e) all factual information provided by you is true and accurate in all material respects.
6.2 If you are acting as an agent for an Advertiser or another entity, you represent and warrant that you have the authority as the Advertiser’s or entity’s agent to bind such party to these Advertising Terms and that all of your actions related to these Advertising Terms will be within the scope of such agency.
7.1 Kiddo owns all intellectual property in Kiddo, with the exception of the Ads, which shall remain the intellectual property of the Advertiser that made the Ad but which each Advertiser licenses to us in accordance with the license below.
7.2 Advertisers shall not use any of our intellectual property for any purpose other than as may be required to use Kiddo for its intended purpose.
7.3 In relation to the content of Ads, each Advertiser grants to Kiddo an unconditional, perpetual, world-wide, irrevocable, fully paid and royalty free licence and right to use, display, copy, modify, adapt, reproduce, commercialise, prepare derivative works, display and publish all such intellectual property and the content forming all or part of an Ad, for the purpose of providing the service herein. Title to, and all intellectual property in, the Kiddo platform, and all related and underlying systems is and remains the property of Kiddo (and its licensors).
8.1 Kiddo will use the Personal Information provided by Advertisers in accordance with its Privacy Policy at kiddoapp.com.au/privacy. Kiddo’s Privacy Policy, as updated from time to time, is incorporated into these Advertising Terms by reference. Advertisers consent to the handling of Personal Information they provide to Kiddo in accordance with these Advertising Terms and the Kiddo Privacy Policy.
9.1 You are solely responsible for all decisions you make in connection with any services you access through Kiddo Advertising for Parents as an Advertiser. Kiddo provides no warranty that services generally available through the Kiddo Advertising for Parents service will be uninterrupted or error free.
9.2 Except to the extent prohibited by law, you agree to indemnify, defend and hold harmless, Kiddo, our directors, officers and employees and licensors (“Kiddo Entities”)_ from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses by any third party due to or arising out of (a) your use of the Kiddo Advertising for Parents service, including your content, subject matter or targeting of any Ad; (b) any breach of these Advertising Terms by you; (c) any negligent act or omission by you; (d) any Ad, including Ads materials; or (e) any breach by you of any law, legislation or regulation which occurs as a consequence of any Ad or as a result the misuse of any data obtained from any Ad.
9.3 To the maximum extent permitted by law:
(a) Kiddo will not be liable for:
(i) the availability (or lack thereof) of Kiddo Advertising for Parents;
(ii) any Ads, the scope of any Ads or any changes to an Ad;
(iii) any claims arising out of or in connection with these Advertising Terms for breach of law, contract, negligence or any other liability whatsoever; or
(iv) any other terms of engagement the Advertiser might reach or agree.
(b) Kiddo excludes all implied representations and warranties which might apply in relation to an Advertiser. Save as expressly provided in these Advertiser Terms, we make no warranties, express or implied representations or guarantees as to merchantability and/or fitness for any purpose and we do not guarantee that our services are error free.
(c) In the case of goods or services supplied or offered via the Kiddo Advertising for Parents service, Kiddo’s maximum aggregate liability to an Advertiser under or in connection with these Advertising Terms, the Kiddo Advertising for Parents service, whether in contract, tort (including negligence), breach of statutory duty or otherwise which cannot be excluded by law, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.
9.4 In no circumstance will Kiddo be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or in any way connected to business interruption of any type, the use of Kiddo or these Advertising Terms, whether in tort (including negligence), contract or otherwise.
9.5 In respect of Advertisers, Kiddo accepts no responsibility or liability for errors in your Ads and you must check your Ads for errors as soon as they are placed on the Kiddo Platform.
9.6 The Kiddo Advertising for Parents service may have links to third party sites. Access to any other sites linked to Kiddo Advertising for Parents, is at Advertiser’s own risk. Kiddo accepts no responsibility for the accuracy or reliability of any information, opinions or statements made in any third-party site.
10.1 Kiddo reserves the right to, in its absolute discretion (acting reasonably), reject, edit or remove any Ad from Kiddo Advertising for Parents for any reason.
10.2 Termination of our agreement with any Advertiser will not end provisions of these Advertising Terms that are capable of surviving termination such as sections 5 (Payment), 7 (Intellectual Property), 8 (Privacy) and 9 (Limitation of Liability and Disclaimer).
10.3 If a particular term of these Advertising Terms is not enforceable, it should be modified so as to be enforceable, but regardless will not affect any other terms. Our failure to act upon a breach of these Advertising Terms does not mean we waive any rights that we may have.
10.4 If a dispute arises out of or relating to these Advertising Terms, the relevant parties shall attempt to resolve the matter between themselves in an appropriate manner before escalating to mediation or other alternative dispute resolution process or litigation. Each Advertiser acknowledges that Kiddo will not and is not obligated to provide any dispute assistance in relation to disputes arising between Advertisers. Nothing in this section limits the right of any party to seek or obtain urgent interlocutory or interim relief.
10.5 We may modify these Advertising Terms from time to time by posting the modification(s) or updating these Advertising Terms on the Kiddo website. Unless otherwise specified by us when posted, all modifications will be effective upon posting. If you do not agree to any modification(s), your only recourse will be to cease using the Kiddo Advertising to Parents service. If you continue to participate as an Advertiser after any modification becomes effective, then your participation will constitute acceptance of such modification.
10.6 These Advertising Terms shall be governed by and construed in accordance with the laws of the state of Queensland, Australia. The parties agree to submit to the non-exclusive jurisdiction of the Courts of Queensland.
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