TO PROTECT YOUR OWN INTEREST, PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY OF THE SERVICES PROVIDED BY US THROUGH THE WEBSITE. IF YOU ARE IN ANY DOUBT AS TO THE MEANING OF THE TERMS AND CONDITIONS, PLEASE SEND AN EMAIL TO  audrey@arrivedwithkids.com

1. Definitions

  • “Business Entity” means a business entity whose details are displayed on the Website;
  • “Event” means a child-related activity that has been posted on the Website;
  • “Identification Details” means the User’s user name, a password, and personal e-mail address;
  • “Person” means an individual or a corporate entity;
  • “Privacy Policy” means our privacy policy as outlined on the Website;
  • “User” means any person who accesses the Website for any reason and in any manner whatsoever, whether or not such person registers on the Website in accordance with Paragraph 5.1 hereunder, and/or participates in any of the activities offered by the Website;
  • “User Account” means a virtual account in the User’s name which is created on the Website after registration in accordance with Paragraph 5.1 hereunder;
  • “User Contact Network” means those Users which a particular User has accepted as part of his own network;
  • “User Content” means all information, data, text, software, photographs, graphics, video, messages and other materials, whether publicly posted or privately transmitted, which are uploaded, posted or otherwise transmitted via the Website;
  • “User Profile Page” means a publicly accessible webpage, created as part of a User Account, and containing the personal and/or other information uploaded by the owner of that User Account;
  • “We” means Arrived With Kids operating under Cap74 Ltd, a company incorporated in Malta, under company C74277 whose registered address is Level 5, Rosa Marina Bldg., 216, Marina Seafront, Pieta. PTA 9041, Malta and any reference to “Our” “and/or Us” shall be construed accordingly;
  • “Website” means http://arrivedwithkids.com
  • “Website Network” means the network comprising all the Users to the Website, and all Business Entities registered on the Website.

2. General

2.1This Website is designed to enable a User to do any of the following activities, as limited by these Terms of Use:

  • search for contact details and other information related to business entities or individuals that provide products/services for children;
  • upload contact details, information, photographs and/or reviews related to Events or to Business Entities or individuals that provide products/services for children onto the Website or individuals;
  • create a User Account and a User Profile Page;
  • change settings in his/her User Account;
  • and add information, picture/s and other information to his/her Profile Page;
  • create a Contact Network;
  • generally upload User Content;
  • invite other individuals to join the Website Network;
  • invite other Users to his/her Contact Network;
  • join another User’s Contact Network;
  • send private or public messages to other Users;
  • receive newsletters, notifications regarding new events and/or special offers, as well as other promotional material in accordance with the Privacy Policy.

By making use of the Website in any manner whatsoever, the User is agreeing to be bound by the current Terms of Use as amended from time to time, and undertakes to act accordingly. 

The Privacy Policy forms an integral part of these Terms of Use, and any reference to the “Terms of Use” shall include a reference to the Privacy Policy.

We are entitled to amend the Terms of Use at any time and to do so according to our absolute and exclusive discretion. Therefore, the User is required to review the Terms of Use regularly.

2.6 The Terms of Use, as updated or amended by us from time to time, constitute the entire understanding by and between us and the User. Any presentation, promise, undertaking or consent, whether verbal or in writing, which does not comply with the Terms of Use, is null and void.

3.Our Rights

3.1 We may, at our own discretion, block a User from the Website if such User is in breach of any of these Terms of Use.

3.2 We may block any User who has been reported as abusive, without prior notification and before verifying any allegations made in respect of that User.

3.3 We have absolute discretion as to what User Content is used, how it is managed and where it is posted. We have the right to remove any User Content at any time, without prior notification, at our sole discretion and have no obligation to enter into discussions with any User as to the reason or merit of such removal. We shall not be held liable, in any manner or for any reason whatsoever, for the removal of any User Content in accordance with this Paragraph.

3.4 We have the right, but not the obligation, to verify any contact details given to us by a User or Business Entity, in relation to himself/herself, or in relation to any other Business Entity individual, or Event, prior to uploading such details on the Website.

4. User Responsibilities and Use of the Website

4.1 A User may not subscribe to the Website if he/she is under the age of eighteen (18).

4.2 The User understands that all information, including personal information, uploaded onto the Website and onto a User’s Profile Page shall become public. We do not warrant the security of such information, and shall not be held liable for any use or misuse of such information.

4.3 The Website is for the User’s personal and non-commercial use. The content and information on the Website, as well as the infrastructure used to provide such content and information, is proprietary to the Us or to our suppliers, providers or other Users. Accordingly, the User shall not use this Website or its contents or information for any commercial or non-personal purpose, direct or indirect. The User shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any content, information, software, products, or services obtained from this Website.

  • The User further agrees not to:
    • create any link or deep link to the Website or to any portion thereof without our prior express written consent, except as provided in Paragraphs 9.2 and 9.3 below;
    • create frames around the Website or any of its pages, or use other techniques that alter in any way the visual presentation or appearance of the Website without our prior express written consent,
    • restrict or inhabit the use or enjoyment of the Website by any third party;
  • use the Website:
    • in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way;
    • for any purpose that is unlawful or prohibited by these Terms of Use, or is otherwise objectionable, or to send, post, transmit, use or reuse any material that is offensive, abusive, indecent, defamatory, obscene or menacing, in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to third parties or objectionable, including material which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or "spam";
    • for advertising purposes or for false reviews;
    • to cause annoyance, inconvenience or needless anxiety to any person.

4.5 The User acknowledges responsibility for all User Content posted or otherwise transmitted on the Website. The User understands that if he/she is in breach of any of these Terms of Use, We shall disclose his Identification Details any other relevant information to any person who may need such information for the protection of his own rights, our own rights and/or those of third parties.

4.6 The User further grants the Company the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content, in whole or part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

5. Website Registration

5.1 A User is obliged to register on the Website, as specified in this paragraph, prior to active participation in any activity proposed by this Website. In order to complete the registration process, a User must enter his Identification Details and the other details requested by us on the registration page of the Website.

5.2 The User has the sole responsibility for keeping his Identification Details confidential. We shall not be liable in any manner whatsoever, for any unauthorized use of the User’s Identification Details by any third parties, unless such unauthorized use has occurred to gross negligence on our part.

6. User Account

6.1 A User Account will be opened for each User who chooses to undergo the registration process in accordance with Paragraph 5.1 above, and access to such User Account will only be possible after submission of the full Identification Details. The Website's operating system will compare the Identification Details entered by the User with the Identification Details held by Us, and only in the event of complete identification will the User be allowed to participate in any activity available on the Website.

6.2 Through his User Account, a User will be able to update his Identification Details, and to carry out all the activities listed in Paragraph 2.1.

7. Copyright and Trademark Notices

7.1 All intellectual property rights in the Website, including the “arrivedwithkids.com” domain and logos, the Website layout and design, and the software therein, are our exclusive property.

8. Liability Disclaimer

8.1 We shall not be held liable for any computer or communications fault of any nature that may occur at any stage of User’s use of the Website. We do not warrant the availability of the Website.

8.2 We do not vet and are not responsible for any information which is posted on this Website. The views expressed are those of the individual contributors and not necessarily ours.

8.3 We shall not be held liable for any abuse or misuse of information, including personal information, shared by a User on the Website.

8.4 We shall not be held liable for any material on the Website which is illegal, offensive, abusive, indecent, defamatory, obscene or menacing, in breach of copyright, trademark, confidence, privacy or any other right or is otherwise injurious to a User or third parties.

8.5 All content is viewed and used by the User at his/her own risk. We make no representations about the suitability of the information contained on the Website for any purpose. All information and activities offered on the Website are provided "as is" without warranty of any kind. The information and activities offered on the Website may not be up to date or may include inaccuracies or typographical errors. We do not warrant the completeness or the accuracy of any information on the Website and disclaim liability for inaccuracies or incompleteness relating to the information and description of the activities, services and products displayed on the Website (including, but without limitation to, product or service descriptions).

8.6 We have no connection or influence over the actual products/services mentioned on the Website and hereby disclaim all warranties and conditions with regard to the activities/products mentioned on the Website, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

8.7 In no event shall we be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the Website or with the delay or inability to use the Website, or for any information, software, products, and services obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability, or otherwise, even if we have been advised of the possibility of damages.

8.8 Any person who would like to complain about any information on the Website, or any link therefrom, may use the “Report as Inappropriate” feature. We will consider requests to remove information or links but will have no obligation to do so or to respond directly to the complainant.

9. Links to and from third-party sites

9.1 The Website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for reference only. We do not control such websites and are not responsible for their content or the User’s use of them. The inclusion on the Website of hyperlinks to other websites does not imply any endorsement of the material on such websites or any association with their operators. 

9.2 Certain organisations may link to the Website without our prior written approval as long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site. The said organisations are the following:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors when they list us in the directory may link to the Website in the same manner as they hyperlink to the websites of other listed businesses; and
  • Systemwide Accredited Businesses, except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

9.3 Any person interested in linking to the Website must notify us by sending an e-mail to audrey@arrivedwithkids.com. Your name, your organisation name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to the Website, and a list of the URL(s) on our site to which you would like to link must be included in the email. We will respond within 2-3 weeks from receipt of the email.

10. Indemnification

10.1 The User agrees to defend and indemnify us and any of our affiliates, officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal, judicial and accounting fees, brought by third parties as a result of the User’s:

  • breach of these Terms of Use;
  • violation of any law or the rights of a third party; or 
  • use of this Website. 

11. Miscellaneous

11.1 This Terms of Use are governed by the laws of Malta. The User hereby consents to the exclusive jurisdiction and venue of courts in Malta in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

11.2 The User agrees that no joint venture, partnership, employment, or agency relationship exists between him/her and us as a result of the use of this Website.

11.3 If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.

11.4 Any rights not expressly granted herein are reserved.

Terms of Use arrivedwithkids.com
October 2016