1. Who we are
Kiwi Cuddles ("Kiwi Cuddles", "we", "us", "our") operates the website kiwicuddles.co.nz (the "Site"), a directory that helps parents and caregivers ("Parents", "you") in New Zealand find early childhood education and care services ("Centres"), and helps Centres list and promote their services.
Kiwi Cuddles is not currently a registered company. [Update this section once Kiwi Cuddles is formally registered — insert legal entity name, NZBN, and registered address.]
Contact us at: hello@kiwicuddles.co.nz
By using the Site, you agree to these Terms of Service ("Terms"). If you don't agree, please don't use the Site.
2. What the Site does
Kiwi Cuddles is a directory and enquiry service. We list information about Centres, including details sourced from the Ministry of Education's public Early Childhood Services Directory, as well as information submitted directly by Centres who claim or create a listing.
We are not an early childhood education provider, and we do not vet, endorse, inspect, or guarantee the quality, safety, licensing status, or suitability of any Centre listed on the Site. Parents are responsible for doing their own due diligence — including confirming a Centre's current licensing status directly with the Ministry of Education or the Centre itself — before enrolling a child.
3. Using the Site as a Parent
- The Site is free for Parents to use.
- Enquiries you submit through the Site are forwarded to the relevant Centre. We are not a party to any resulting arrangement between you and a Centre.
- You agree to provide accurate information when submitting an enquiry or contacting a Centre.
4. Using the Site as a Centre
- Centres may claim an existing listing (if their service already appears on the Site) or submit a new listing if not yet listed.
- All new listings and claims are subject to manual review by Kiwi Cuddles before appearing live on the Site. We may approve, reject, or request further information at our discretion.
- You confirm that any information you submit about your Centre is accurate and that you are authorised to act on behalf of the Centre you are claiming or listing.
- We reserve the right to remove or suspend any listing at any time, including where we believe information is inaccurate, misleading, or where a subscription payment fails.
5. Subscriptions and payment
Certain features (such as Basic, Premium, and Elite tier listings) require a paid subscription, billed fortnightly in advance via our payment processor, Stripe. See our separate Subscription Terms for full billing, cancellation, and refund details, which form part of these Terms.
6. Acceptable use
You agree not to:
- Submit false, misleading, or defamatory information about a Centre or through an enquiry;
- Attempt to claim a Centre listing you are not authorised to represent;
- Scrape, copy, or republish content from the Site without permission;
- Use the Site for any unlawful purpose, or to harass, spam, or harm another user or Centre;
- Attempt to interfere with the security or normal operation of the Site.
7. Intellectual property
The Site's design, layout, branding, and original content are owned by Kiwi Cuddles. Centre-specific content (descriptions, photos, logos) remains the property of the relevant Centre, who grants us a licence to display it on the Site for as long as their listing is active.
8. Disclaimers
The Site and all information on it are provided "as is" and "as available." To the maximum extent permitted by law, we make no warranties, express or implied, about the accuracy, completeness, or reliability of any listing, review, or other content on the Site.
We are not responsible for the acts or omissions of any Centre, including matters relating to child safety, staffing, facilities, or licensing compliance. Any dealings between a Parent and a Centre are solely between those parties.
9. Limitation of liability
To the maximum extent permitted by law:
- Kiwi Cuddles will not be liable for any indirect, incidental, special, or consequential loss or damage arising from your use of the Site, including loss of profits, data, or business opportunity.
- Our total aggregate liability to you for any claim arising out of or relating to these Terms or the Site is limited to the total subscription fees you paid to us in the three (3) months preceding the event giving rise to the claim (for Centres), or NZ$100 (for Parents), whichever applies.
- Nothing in these Terms excludes or limits any liability that cannot be lawfully excluded or limited under New Zealand law, including under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, where those Acts apply.
10. Changes to these Terms
We may update these Terms from time to time. Continued use of the Site after changes take effect means you accept the updated Terms. Material changes will be notified via the Site or by email where reasonably practicable.
11. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, if we reasonably believe you have breached these Terms.
12. Governing law
These Terms are governed by the laws of New Zealand, and any disputes will be subject to the exclusive jurisdiction of the courts of New Zealand.
13. Contact
Questions about these Terms? Email hello@kiwicuddles.co.nz.
This document is a general template and does not constitute legal advice. We recommend having it reviewed by a qualified New Zealand lawyer before relying on it, particularly given Kiwi Cuddles processes subscription payments and personal information.