Terms of Use

  Kiddieland Toys Limited

 

Kiddieland Toys Limited (“Kiddieland”, “Company”, “us”, “our” or “we”), owns and operates this Website. Your use of this Website (including any purchase you make through this Website or purchase links in other websites) is governed by and subject to the following terms, conditions and notices (collectively, these “Terms of Use”). Please read these Terms of Use carefully.

 

BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. We may make changes and updates to these Terms of Use from time to time.

 

IMPORTANT NOTICE: These Terms of Use contain provisions that limit or restrict our liability to you and require you to resolve any dispute with us through arbitration on an individual basis and not as part of any class or representative action. Please see the “Disclaimer of Warranties”, “Limitation of Liability” and “Arbitration Agreement” sections below for more information.

 

Informational Purpose of Website
 

This Website is intended to be used for general informational and promotional purposes only. The Website does not operate as an online store and does NOT directly sell products, process orders, accept payments, or collect transaction‑related personal data.

 

Third‑Party Purchase Links


Any links on this Website that direct users to purchase products are links to third‑party websites operated by independent retailers or platforms. Kiddieland is not the merchant of record for any of your transactions with such independent retailers and does not control, process, or fulfill orders placed on third‑party websites. 

 

Children and Minors

 

This Website is not intended for or directed to any person under the age of 18. By using this Website, you warrant that you are at least 18 years of age. You must be at least 18 years of age to make a purchase through this Website or purchase links in other websites.

 

Electronic Communications

 

When you use this Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Privacy Policy

 

By using this Website, you also accept and agree to be bound by our Privacy and Cookie Policy, which describes our data collection, use, sharing, and security practices associated with this Website. Our Privacy and Cookie Policy constitutes an integral part of these Terms of Use and is incorporated herein by reference. All references hereinafter to these Terms of Use shall be deemed to include our Privacy and Cookie Policy.

 

Terms of Sale

 

If you make a purchase for a Kiddieland product through purchase links in other websites, you also accept and agree to be bound by the relevant terms of sale as provided for in those websites, which will apply to and govern your purchase and related matters. However, Kiddieland does not receive, store, or process payment information, billing details, or order‑specific personal data in connection with purchases made through third‑party websites.

 

Reservation of Rights

 

We reserve the right at any time, in our sole discretion, with or without notice, and without liability to you or other users, to: (i) modify, suspend, remove or terminate this Website or any portion thereof; (ii) restrict, limit, suspend or terminate any user’s access to this Website or any portion thereof; (iii) monitor any user’s activities on this Website to verify and ensure that user’s compliance with these Terms of Use and any applicable law; and (iv) investigate any suspected or alleged violation of these Terms of Use or any applicable law and cooperate with authorities in such investigation.

 

Prohibitions

 

We do not permit or tolerate any illegal, abusive, harmful or improper use of this Website. Without limiting the generality of the foregoing, you shall not:

  • use this Website other than for your own personal/household, lawful and non-commercial use only;
  • copy, reproduce, publish, distribute (by sale, rental or otherwise), license, sublicense, publicly perform or display, alter, modify, or create derivative works from, any portion of this Website or any Kiddieland Content (as defined below), unless expressly otherwise authorized by us in writing;
  • decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of, this Website or any software program or application associated with this Website;
  • submit, upload, post or transmit any content that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
  • submit, upload, post or transmit any photo or video identifying another individual without proper consent;
  • commit or encourage a criminal offense;
  • impersonate another, or falsify account information, or make unauthorized use of another’s information;
  • interfere in any way with the operation of this Website or any server, network or system associated with this Website, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the performance or vulnerability of this Website or any server, network or system associated with this Website; breaching or circumventing firewall, encryption, security or authentication routines; accessing, using or retrieving data not intended for you, or accessing another user’s account without permission; or corrupting or attempting to corrupt data stored on this Website or any server, network or system associated with this Website;
  • use, transmit or distribute viruses, bots, worms, or any other harmful computer code, files or programs to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to gain unauthorized use of or access to a computer or a computer network;
  • use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this Website or any server, network or system associated with this Website, or to extract, collect, harvest or gather content or information from this Website;
  • frame or otherwise create a browser or border environment around any portion of this Website or any Kiddieland Content, or deep-link to any internal page of this Website or any Kiddieland Content;
  • use the Kiddieland mark or logo or any other mark, logo or source identifier of Kiddieland (whether registered or unregistered) in any unauthorized manner, including as meta tags or ad keywords;
  • harass or cause annoyance to other users;
  • infringe upon any intellectual property or other proprietary right of any person or entity;
  • send or cause others to send (directly or indirectly) “spam” or other unsolicited messages or communications of any kind;
  • engage in “trolling,” such as posting material, information, message or communication that is off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges.

 

Violating any of these prohibitions may subject the violator to civil as well as criminal liabilities, and we reserve the right to report any such violation and disclose the violator’s identity to the appropriate law enforcement authorities.

 

Kiddieland Content

 

As used herein, “Kiddieland Content” means any and all contents and materials provided by Kiddieland and/or its licensors, including, without limitation, text, editorials, blogs, artwork, graphics, images, photos, videos, audios, music, advertisements, product descriptions and images, marks, logos, slogans, links, software, downloadable apps, social media plug-ins, user interfaces, layout and look and feel designs, search engines, tools, templates, forms, indexes and directories.

 

All Kiddieland Content belongs to Kiddieland and/or its licensors and is protected by copyright, trademark and other intellectual property laws. Any unauthorized use of Kiddieland Content may result in civil and/or criminal penalties. We reserve all other rights not expressly mentioned herein.

 

Use of Software

 

If you acquire or download any software (including any mobile app) made available by Kiddieland or any of its licensors or business partners on this Website (“Software”), you acknowledge that your use of the Software is also subject to the terms and conditions of the applicable end user license agreement that accompanies the Software.

 

User Content

 

As used herein, “User Content” means any content or material originated by users, including, without limitation, user reviews and comments, user idea submissions, and user-submitted text, photos, images, artwork, videos, audios, etc., but specifically excluding any Kiddieland Content.

 

Unless expressly otherwise agreed between you and Kiddieland, you own any User Content provided by you, and Kiddieland does not claim ownership rights in your User Content. However, by submitting User Content to this Website (whether your submission is solicited or unsolicited), you acknowledge and agree to all of the following:

  1. To submit User Content to this Website, you must be at least 18 years of age.
  2. By submitting User Content to this Website, you represent and warrant that: (1) your submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of payment, secrecy or confidentiality; (2) your submission does not contain any confidential information and may be seen by others; and (3) your submitted User Content contains no material that infringes upon any third-party right or violates any applicable law.
  3. By submitting User Content to this Website, you further acknowledge and agree that, to the extent your submission includes any idea, concept, suggestion, design, drawing, image or artwork for a prospective product name, mark, logo, slogan, tagline, domain name, or other source identifier, Kiddieland and its successors and assigns will be free (with no obligation) to adopt, use, license, and register such name, mark, logo, slogan, tagline, domain name, or other source identifier (including any variation thereof) for and in connection with their businesses throughout the world in perpetuity, and will have sole ownership of all statutory and common law trademark rights and all associated goodwill resulting from such adoption, use, licensing and registration.
  4. By submitting User Content to this Website, you waive the right to assert against Kiddieland and its successors and assigns, and you release and forever discharge Kiddieland and its successors and assigns from, any and all claims and damages based upon or relating to your submitted User Content, including, without limitation, claims and damages for copyright infringement, trademark infringement, invasion of privacy, violation of the right of publicity, defamation, libel, false light, unfair competition, unjust enrichment, idea theft, idea misappropriation, breach of implied contract, breach of fiduciary duty, and/or breach of confidence or trust.

 

Right to Remove User Content; No Obligation to Monitor

 

Kiddieland reserves the right at any time, but with no obligation, to remove, take down, block, disable or deny access to any User Content that, in our sole judgment, violates these Terms of Use, any applicable law, or may expose or subject Kiddieland to liability of any kind, or may adversely affect the reputation or goodwill of Kiddieland. Kiddieland assumes no responsibility for monitoring this Website for inappropriate User Content or conduct. If at any time Kiddieland elects to monitor this Website, Kiddieland nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any inappropriate User Content, and assume no responsibility for the conduct of any user.

 

Links to Third-Party Websites

 

This Website may contain links to other websites (the “Linked Sites”), which are not owned or operated by Kiddieland. Kiddieland has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms and conditions and privacy policies of those sites.

 

Linking to This Website

 

You may link to this Website, but subject to the following conditions:

  • Your link must be a text-only link;
  • You do not frame or otherwise create a browser or border environment around any page of this Website or any Kiddieland Content;
  • You do not deep-link to any Kiddieland Content or any internal page of this Website;
  • You do not link to any live stream or live streaming event on this Website (except with our express prior written consent);
  • You do not use any Kiddieland logo or design mark in or as your link;
  • You do not link to this Website from any pornographic or sexually oriented website;
  • You do not misrepresent or falsely suggest that your website, content, product or service is sponsored, endorsed or approved by, or is affiliated or associated with, Kiddieland;
  • You do not publish false, misleading or inaccurate information about, or otherwise disparage, Kiddieland or any Kiddieland Content;
  • Kiddieland is under no obligation to support your link.

 

Disclaimer of Warranties

 

EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY KIDDIELAND AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:

  1. KIDDIELAND MAKES NO WARRANTY OR REPRESENTATION REGARDING THIS SITE OR ANY KIDDIELAND CONTENT.
  2. THIS WEBSITE AND ALL KIDDIELAND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
  3. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KIDDIELAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE AND ALL KIDDIELAND CONTENT.
  4. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KIDDIELAND DOES NOT WARRANT THAT THIS WEBSITE AND ALL KIDDIELAND CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THIS WEBSITE AND ALL KIDDIELAND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THIS WEBSITE AND ALL KIDDIELAND CONTENT ENTIRELY AT YOUR OWN RISK.

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.

 

Limitation of Liability

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL KIDDIELAND AND ITS SUCCESSORS AND ASSIGNS BE LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR RELATING TO THIS WEBSITE OR ANY KIDDIELAND CONTENT OR ANY USER CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

 

User Indemnity

 

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS KIDDIELAND AND ITS SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FOR AND FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING OUT OF OR RELATING TO: (I) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, THIS WEBSITE OR ANY KIDDIELAND CONTENT OR ANY USER CONTENT; (II) ANY USER CONTENT SUBMITTED BY YOU; (III) YOUR VIOLATION OF ANY OF THESE TERMS OF USE OR ANY APPLICABLE LAW; AND/OR (IV) ANY INTERACTION, DEALING OR DISPUTE BETWEEN YOU AND ANY THIRD PARTY.

 

KIDDIELAND AND ITS SUCCESSORS AND ASSIGNS RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH KIDDIELAND AND ITS SUCCESSORS AND ASSIGNS IN ASSERTING ANY AVAILABLE DEFENSES.

 

International Use

 

Kiddieland operates and provides this Website in and from Hong Kong. Kiddieland does not represent or warrant that this Website or any Kiddieland Content is appropriate or available for use in locations outside Hong Kong. If you access this Website from a jurisdiction outside Hong Kong, you acknowledge and agree that you do so of your own initiative and that you are solely responsible for complying with local laws applicable to your use of this Website.

 

Governing Law

 

These Terms of Use will be governed by and construed in accordance with the laws of Hong Kong.

 

Arbitration Agreement

 

Any dispute or claim relating to your use of the Website, including any purchase you make through this Website and/or purchase links in other websites, will be resolved by arbitration, rather than in court, except that (i) you may assert claims in small claims tribunal if your claims qualify and (ii) Kiddieland and/or its licensors may bring actions in court to enforce their respective intellectual property rights.

 

The arbitration shall be governed by the 2024 HKIAC Administered Arbitration Rules. The number of arbitrators shall be ONE.

 

Severability

 

If any provision contained in these Terms of Use is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms of Use shall not be affected and shall remain in full force and effect.

 

No Waiver

 

A failure by Kiddieland to exercise or enforce any right or provision under these Terms of Use will not constitute a waiver of the right or provision. Any waiver of any provision under these Terms of Use will only be effective if it is in writing and signed by Kiddieland.