1. ABOUT THESE TERMS
1.1 These terms were last updated on 30th May 2017
1.2 The following terms constitute an agreement between you and Kidtritious Pty Ltd (ACN 158 117 223) (Kidtritious) and govern your use of the Website.
1.3 Kidtritious provides its online services, including any managed spaces on third-party platforms, on these terms.
1.4 These terms explain your use of our Website and our online services.
1.5 Please note that we offer the Website without warranties of any kind to the greatest extent permissible under the Australian Consumer Law or any other applicable laws, regulations or rules.
1.6 These terms and any supplemental terms and conditions, policies, rules and guidelines posted on the Website supersede all previous agreements between you and us relating to your use of the Website.
1.7 You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software in connection with our Website.
2. CHANGES TO THESE TERMS AND CONDITIONS
2.1 We may change these terms at any time to add, change or discontinue any of our offerings, products or services.
2.2 Any changes to the terms and conditions will be posted on the Website. Your continued usage of our Website after the changes take effect signifies your agreement to the new terms.
4 YOUR ACCOUNT OBLIGATIONS
4.1 If you register an account with our Website or otherwise subscribe to a service provided by the Website, it is your responsibility to ensure that all information (as prompted by the registration form) that you enter is accurate. It is your responsibility to ensure that if any details change that you update your account accordingly.
4.2 By registering an account, you will need to retain a username and password. It is your responsibility to maintain the security of any username and password that you provide as well as your payment details including your credit card information.
4.3 You agree to be solely responsible for all activities and behaviour occurring on our Website using your password and registration details. If there is any unauthorised use or other breach of security in respect of your account, you must notify us immediately in writing.
5 CONTENT YOU POST OR SUBMIT
5.1 The Website may contain interactive features such as Facebook and Twitter interactions, message boards and sharing platforms, online communities and forums. Whenever you post information in publically accessible places on the internet, this information becomes available to anyone with access to the internet. Postings are not confidential.
5.2 You are responsible for all content you contribute to our Website, including text, photos, videos, audio, links, recipes and ideas.
5.3 You (or the author using your login details) will continue to own any copyright in a post you make to the site, but by contributing any content to the site you grant us an irrevocable, royalty-free, non-exclusive licence to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit, and to promote your contributions in any medium and any manner we choose worldwide.
5.4 You confirm that you own or have the right to use any copyright material in the content you contribute and that you have permission of anyone appearing or performing in your content and that you are not infringing any person’s rights by submitting the content to Kidtritious.
6 PARENTS AND CHILDREN
6.1 Some services provided by or in connection with our Website are specifically designed for children. The online protection of children is a shared responsibility between Kidtritious, the parent or carer, and the child. We strongly encourage parents and caregivers to be vigilant about monitoring and participating in their children’s use of the Website.
6.2 If your child is participating in online communities, it is the responsibility of the parent or caregiver to explain the risks of the internet and disclosing Personal Information.
7 PROVISION OF MEDICAL OR HEALTH RELATED ADVICE
7.1 The Website may at times provide general information and discussion about children’s wellbeing and health. Information and material made available on the Website is not professional, health or medical advice.
7.2 Information made available on the Website is for informational purposes only and not intended as a substitute for advice from a registered medical practitioner or other healthcare professional.
7.3 You must always seek the advice of a medical practitioner or other healthcare professional concerning any questions you may have about you or your child’s health. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.
7.4 To the extent permitted by law, we exclude all liability for any loss or damage arising from the use of, or reliance on, any of the content contained on the Website, whether or not caused by any negligent act or omission.
8 ONLINE COMMUNITIES
8.1 Kidtritious expects community members to treat each other with respect and courtesy when engaging on all online platforms hosted by Kidtritious. These standards apply to interactions on Kidtritious accounts established on third-party social media sites.
8.2 We have no obligation to make any comment or post publicly on our Website and we reserve the right to delete or edit any post that may be made to our Website at our absolute discretion, including but not limited to for legal, editorial or operational reasons including (but not limited to) if Kidtritious considers the content to be:
(a) defamatory or otherwise unlawful;
(b) intentionally false or misleading;
(d) an infringement of intellectual property rights;
(e) abusive, offensive or obscene;
(f) inappropriate, vexatious or repetitive;
(g) seeking to endorse commercial products;
(h) seeking to solicit donations;
(i) deliberately provocative; or
(j) impersonating someone.
8.3 You may not post information that violates these terms and conditions or which may be considered to be any of the above things. If you do, we reserve the right to block your account or right to contribute and / or terminate your use of the Website.
8.4 We encourage you to notify us of inappropriate, incorrect or illegal content. We are not, however, responsible for any failure or delay in removing postings.
8.5 You acknowledge and agree that Kidtritious does not control other users of the Website. Kidtritious is therefore not liable for any other persons’ opinion, view or behaviour, including any content or advice provided by them.
8.6 Kidtritious does not endorse the views or material contained in the contributions by members of Kidtritious online communities, members of the public or third party sites.
9 INFORMATION ON THIS WEBSITE
9.1 Information about some goods or services on the Website is based on material provided by third party sellers, suppliers and / or product manufactures. We are not responsible for inaccuracies or issues caused by incorrect information provided to us by these third parties.
9.2 In addition, some actual goods may differ in visual appearance from the way they appear on the Website and may not be an exact representation of the product received.
9.3 You must make your own enquiries to verify the information provided in respect of goods or services.
10 OUR CONTENT AND LICENSE (COPYRIGHT)
10.1 All of the content available on our Website is either owned by us or is used under license and remains the property of the copyright holder. Content is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information.
10.2 All content and material appearing on this site, including the overall look and feel (design), site design, artwork, logos, images, graphics, icons, typefaces and other material is subject to applicable copyright laws.
10.3 Any unauthorised use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
10.4 All trademarks (if any) appearing on the Website are the property of their owner. No right, license or interest to such trademarks is granted by these terms.
10.5 Apart from any use as permitted under the Copyright Act 1968 (Cth.), you may not, in any form or by any means adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create any kind of derivative works from any part of our Website; or commercialise any information, products or services obtained from any part of this website without our written permission.
10.6 You warrant as a condition of the use of our Website that you will not reproduce any of the content or material on our Website (including for sale, reverse engineering or for use by a third party) without the written permission of the owner of that content or material.
10.7 You also agree not to use any Kidtritious content in a way that implies endorsement by Kidtritous.
10.8 We may terminate your access or suspend access to the Website, without notice, for any reason, including for conduct that we believe may be in violation of any applicable law or is harmful to the interests of us, another user, service providers or other third party affiliates.
11 WE MAKE NO WARRANTIES
11.1 No oral or written information given by our employees, contractors, representatives, directors, servants or agents shall create any warranty or representation as to the reliability, suitability accuracy or completeness of the content contained on the Website (including in relation to any products or services).
11.2 We make no express or implied warranties or guarantees about any services or advice which may be offered on our Website from time to time including that our Website or the services offered by the Website will remain online, available at any particular time or virus or error free.
11.3 To the extent permitted by law, we disclaim any implied warranties that any products, information, advice or services shown on our Website are fit for a particular purpose or need or are of merchantable quality.
11.4 We do not guarantee any results that may be obtained from the use of our Website or information/services/subscriptions offered by our Website or that any part of our Website will be effective, reliable, accurate or meet your specific requirements.
11.5 We do not guarantee that you will be able to access or use any services we offer (either directly or through third-party networks) at times or locations of your choosing.
12 RELEASE AND LIABILITY
12.1 You agree to hold us, our directors, officers, employees or representatives harmless for any claim arising for damages of any kind related to your use of our Website, content or services offered by our Website.
12.2 To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website.
12.3 Your sole and exclusive remedy for any claim against us, and our whole liability to you in any circumstances (including under the Australian Consumer Law) is for a refund of any amount you have paid to us or, if you have not paid any sum to us, for the cancellation of any registration you have made on the Website and/or deletion of your Personal Information from our database(s).
12.4 Under no circumstances will we be liable for any loss of profits, loss of chance, loss of business opportunity, indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use our Website, services, advice or information offered by the Website and / or subscriptions purchased from the Website.
13.1 You agree to at all times indemnify, keep indemnified, and hold us harmless, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from and against all liabilities, claims, and expenses, including solicitor’s fees, that arise from your use or misuse of the Website, reliance on information or services provided by the Website.
13.2 In the event that you breach this agreement, you agree to indemnify us for any and all loss or damage suffered by us in connection with your breach, including direct and indirect losses, loss of profit, loss of chance, diminution of goodwill and legal expenses (including court filing fees, solicitor-client legal costs and disbursements) on a full indemnity basis.
14 ELECTRONIC CONTRACTING AND NOTICES
14.1 Using the Website constitutes your electronic signature to these terms and conditions and your consent to enter into agreements with us (including placing orders) electronically pursuant to the Electronic Transactions Act 1999 (Cth.).
14.2 You agree that we may serve you with any notices, invoices, disclosure, court process, documents or other communications by electronic mail to the email address you have provided to us.
15 NO SPAM OR MISUSE
15.1 You warrant that you will abide by the SPAM Act 2003 (Cth.) in your use of the site.
15.2 As a condition of your use of our Website you warrant that you will not attempt to access our Website in a manner which masks your IP Address or attempt to cause our Website to operate in a way other than in our normal business operations.
15.3 You must not attempt to gain unauthorised access to the database or source code in this Website, misuse the site, attempt to reverse engineer programming code, or otherwise use our Website other than as permitted in these terms.
15.4 You may not use any content on our Website for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You must not allow others to use your account to violate the terms of this section.
15.5 If you represent or are a business operating in competition with our business, you are not permitted to access, copy or use our Website.
16 INTERNATIONAL USE
16.1 The Website, our products and services, including the information provided on the Website, are designed for and intended for users in Australia. We make no representation that the Website, products or services are applicable to, appropriate for, or available to users in locations outside Australia.
16.2 If you choose to access the Website from a location outside Australia you do so at your own risk and you are responsible for compliance with any local laws.
17 ADDITIONAL TERMS
17.1 Products or services listed on our Website may be subject to additional terms (such as terms and conditions for purchase or promotion) that will further govern your use of that particular product or service and are supplemental to these terms.
18 SEVERABILITY AND WAIVER
18.1 If any clause or term is found to be illegal, void, or unenforceable in any State or Territory then that clause will not apply, and shall be deemed to have never been included in the terms and conditions for that State or Territory only.
18.2 The clause will remain, if legal and enforceable, as part of the agreement applying to other States and Territories.
18.3 The exclusion of any term under this section will not affect or change the enforceability or construction of the other clause of these terms and conditions.
18.4 Where the severing of any clause causes any remaining clause to become ambiguous, then that ambiguity is to be resolved by interpreting the clause in the manner most favourable to us.
18.5 If we do not exercise or enforce any right or provision under these terms, it will not constitute a waiver of such right or provision.
19 TRANSFER AND ASSIGNMENT
19.1 We may assign the benefit of any agreements we have with you to a third party without your consent.
20 APPLICABLE LAW
20.1 The terms and conditions will be governed by the laws in New South Wales and the parties agree to the non-exclusive jurisdiction of the courts of New South Wales to determine any dispute which arises in connection with these terms.
21 DEFINITIONS USED IN THESE TERMS
“IP Address” means a number automatically assigned to your computer and which is required when you are using the internet and which may be able to be used to identify you.
“Personal Information” has the meaning set out in the Privacy Act.
“Kidtritious” “we” “our”, “us” and similar terms means and Kidtritious Pty Ltd (ACN 158 117 223).
“Privacy Act” means the Privacy Act 1988 (Cth) as amended from time to time.
“You”, “your” and similar terms means, as the context requires:
(a) You, during your usage of our Website; and/or
(b) You, during your usage of any goods, services or subscriptions offered by our Website;
(c) You, during your consumption of information / content offered by our Website; and / or
(d) You, during your dealings with us as a customer; and/or
(e) Any agent dealing with us on your behalf.
“Website” means www.kidtritious.com.au and www.kidtritiousfamilies.com.au and other website as we may operate from time to time.