Terms and Conditions of Kids and Places Australia

These terms and conditions are the contract between you and Kids and Places Australia (ABN 33 900 734 591) (“us”, “we”, our). By visiting or using our Website, or signing up for our Services, you agree to be bound by them.

We are Kids and Places Australia, a registered business in Australia.

The registered business address is in Melbourne, VIC.

You are: Anyone who uses Our Website or the Services that we provide.

We deal only with people over the age of 18 years because, until you reach that age, you are not able to enter into a binding legal contract.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

These are the agreed terms:

1. Definitions

“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes Content Posted by you.
“Contribution” means Content Posted by you.
“Directory” means the Kids and Places Australia directory, the purpose of Our Website.
“Intellectual Property” means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us [or any member of the [name] group of companies]. It includes all of the hardware and software installations that enable our website to function.
“Post” means place on or into Our Website any Content or material of any sort by any means.
“Services” means all of the services available from Our Website, whether free or charged.

 

2. Inclusion in the Directory

2.1    We have the sole discretion as to what will be published in the Directory,

2.2    The information displayed on our website is obtained from recommendations, or sourced by us from publicly available information,  such as the websites of the places listed.

2.3   We retain the discretion over the information displayed on the website and may disclose information to third parties:.

  • to comply with the law, including any judicial order;
  • to respond to any claim by a third party;
  • to protect the rights of any person;
  • to disseminate information in the normal course of use of the Directory.

3. Fees and Services

3.1       Posting a listing is currently free of charge although this is subject to change and may be reviewed at any time.

3.2       If the posting of a listing incurs a fee then we’ll notify users of the site of changes to our fee structure by posting such changes on Our Website.

3.3       Users will be given the option to continue with their listing and pay the fee (dependent upon the listing type by the specified time and method or have their listing removed.

3.4       All fees are quoted in Australian Dollars ($AU).

4.  How we handle your data

4.1    If you Post a Contribution to any public area of Our Website it becomes available to all the World, once approved by us. We have no control who sees it nor what anyone does with it.

4.2    Restricted information is also available to all the World, subject only to a user joining as a registered user. It is important that material you Post is accurate and complete, but you should avoid Posting unnecessary        confidential information.

4.3    By making a Contribution on our Website you irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use your, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.

4.4     We will use that licence only for commercial purposes of the business of Our Website..

4.5     You understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Contribution having been Posted by you;

4.6     You accept all risk and responsibility for determining whether any Contribution is in the public domain and not confidential and for any subsequent posting of confidential information.

4.7     Please notify us of any security breach or unauthorised use of your account.

5.  Restrictions on what you may Post to Our Website

We invite you to Contribute Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.

We do not undertake to moderate or check every item Posted.. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post a Contribution, upload Content or undertake any activity which is or may:

5.1  be unlawful, or tend to incite another person to commit a crime;

5.2  consist in commercial audio, video or music files;

5.3  be obscene, offensive, threatening, violent, malicious or defamatory;

5.4  be sexually explicit or pornographic;

5.5  promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;

5.6  be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;

5.7  be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

5.8  give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

5.9  post a Contribution on behalf of some other person, or impersonate another person;

5.10 use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;

5.11 request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;

5.12 be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;

5.13 facilitate the provision of unauthorised copies of another person’s copyright work;

5.14 link to any of the material specified in this paragraph;

5.15 promote or endorse illegal activities, or provide instructions or information about illegal activities or other activities prohibited by these terms. Examples are: making or buying illegal weapons, stalking; providing computer viruses or distributing pirated media);

5.16 bulk sending of unsolicited messages, or the sending of unsolicited messages which provoke complaints from recipients;

5.17 use distribution lists that include people who have not given specific permission to be included in such distribution process;

5.18 post excessive or repeated off-topic messages to any forum or group;

5.19 send age-inappropriate communications or Content to anyone under the age of 18.

6. Your Posting: restricted Content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

6.1  hyperlinks, other than those specifically authorised by us;

6.2  keywords or words repeated, which are irrelevant to the Content Posted.

6.3  the name, logo or trademark of any organisation other than yours;

6.4  inaccurate, false, or misleading information;

6.5  material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.

7. Removal of offensive Content

7.1    For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

7.2    We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

7.3    If you are offended by any Content, the following procedure applies:

  • your claim or complaint must be submitted to us in writing via email to contact@kidsandplaces.com.au;
  • we shall remove the offending Content as soon as we are reasonably able;
  • after receiving a notice of a claim or complaint, we shall investigate so far as we alone decide;
  • we may re-instate the Content about which you have complained or not.

7.4    In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

7.5    You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

8. Children on Our Website

8.1    Whatever the age of consent in your country, we are anxious that children be protected from unsuitable Content. To protect your children, you should know our policy, which is as follows:

8.2    We do not knowingly collect personal information from any person under the age of 18 years.

8.3    Any person of any age may freely access any page of Our Website. We do not check identities nor moderate links to third party sites.

8.4    It is you, not we, who provide access to Our Website for the children in your care. It is for you to check that the Content your children might see is suitable for them.

8.5    Where links are concerned, you may like to check the privacy policies of those sites where your children might visit frequently to see how they collect and use information.

8.6    Filter software may also be useful to you.

8.7    You acknowledge that we are not responsible for Content that anyone has placed on Our Website or for the Content of site accessible by a link from Our Website.

9. Security of Our Website

We, at our discretion give you permission to access Our Website for the purpose of Posting or uploading a Contribution or Content of some sort. We may read, assess, review or moderate any Contribution or Content Posted on Our Website. If we do, we need not notify you or give you a reason.

If you violate Our Website or use it unlawfully or immorally, we may take legal action against you. By breaching this provision, you may commit a criminal offence under the Cybercrime Act 2001.

You now agree that you will not, and will not allow any other person to:

9.1  modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

9.2  link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

9.3  download any part of Our Website, without our express written consent;

9.4  collect or use any product/service listings, descriptions, or prices

9.5  collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

9.6  aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;

9.7  ause our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;

9.8  use Our Website to hack into the computer of any other person or make contact with any other computer;

9.9  make available or upload files that contain software or other material, data or information not owned or licensed to you, including pirated computer programs, pirated music or other media or links to any such files;

9.10  make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;

9.11  upload or republish any part of our Content on any Internet, intranet or extranet site.

9.12  hide or remove the banner advertisements on any page of Our Website;

9.13  share with a third party any login credentials to Our Website;

9.14  use on Our Website software which assists in:

  • data mining, extraction or collection;
  • emulating, phreaking, hacking, password cracking, IP spoofing or over-loading Our Website;
  • “framing”, inserting pop-up windows, interstitial pages or advertisements, or similar techniques.
  • performing any automated operation;

9.15  Despite the above terms, we now grant a licence to you to:

  • create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. you may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
  • copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.

10. Intellectual Property

You agree that at all times you will:

10.1    not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.

10.2    notify us of any suspected infringement of the Intellectual Property;

10.3    so far as concerns software provided or made accessible by us to you, you will not:

  • copy, or make any change to any part of its code;
  • use it in any way not anticipated by this agreement;
  • give access to it to any other person than you, the licensee in this agreement;
  • in any way provide any information about it to any other person or generally.

10.4    not use the Intellectual Property except directly as intended by this agreement or in our interest.

11. Disclaimers and limitation of liability

11.1    The law differs from one country to another. This paragraph applies so far as the applicable law allows.

11.2    All implied conditions, warranties and terms are excluded from this agreement.

11.3    The Site includes Content Posted by third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us via the “Contact us” page on Our Website.

11.4    You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

11.5    The Site contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.

11.6    The Kids and Places Australia website and Kids and Places Australia Services are provided “as is”. We make no representation or warranty that the directory service will be:

  • useful to you;
  • of satisfactory quality;
  • fit for a particular purpose;
  • available or accessible, without interruption, or without error.

11.7    We claim no expert knowledge in any subject. The places listed on our website and mobile device application have been included because they have been recommended to us, or advertise that they provide a service or attraction to be suitable for families with children.  We accept the information provided to us as having been made in good faith by those who submit it.  We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

11.8    We accept no responsibility for:

  • third party advertisements which are posted on Our Website or through the Services;
  • the conduct, whether online or offline, of any user of Our Website or the Services;
  • failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services.

11.9    We shall not be liable to you for any loss or expense which is:

  • indirect or consequential loss; or
  • economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.

11.10    This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

12. You indemnify us

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

12.1    your failure to comply with the law of any country;

12.2    your breach of this agreement;

12.3    a contractual claim arising from your use of our Services;

12.4    any Content you Post to Our Website;

12.5    a breach of the intellectual property rights of any person by you.

13. Miscellaneous matters

13.1    If you wish to leave a review or comment on the Website you need to register as a User.  When registering, you undertake to provide to us your contact details as required , as often as they are changed together with all information that we may require to enable us to fulfill our obligations under this contract.

13.2    If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

13.3    If you are in breach of any term of this agreement, we may:

  • publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
  • terminate your account and refuse access to Our Website;
  • remove or edit Content, or cancel any order at our discretion;
  • issue a claim in any court.

13.4    Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

13.5    No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

13.6    You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.

13.7    In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

13.8    This agreement does not give any right to any third party, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies.

13.9    Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.

13.12   The validity, construction and performance of this agreement shall be governed by laws of the State of Victoria. Any dispute arising in connection with this agreement shall be subject to the exclusive jurisdiction of the State of Victoria and Australian courts.

 

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