1.1 This Agreement is between Kidzcationz Pty Ltd t/a Kidzcationz ABN 44 606 248 524 (referred to as “we”, “us” or “our”), and the individual or entity (referred to as “you” or “your”) who uses any of our services (Services) available at www.Kidzcationz.com (Site), and collectively referred to as “the Parties” and each “a Party”.
1.2 You agree and accept that our Services are provided to you on these Terms and Conditions (Terms).
1.3 These Terms form the agreement under which we supply Services to you. Please read these Terms carefully. If you have any questions, please contact us using our contact details provided at the end of these Terms before you purchase any of our Services.
1.4 Your purchase of any of our Services indicates that you have had sufficient opportunity to access these Terms and contact us, that you have read, accepted and will comply with these Terms, and that you are eighteen (18) years or older. You must not purchase Services from us if you are under eighteen (18) years of age. If you do not agree to these Terms, do not purchase our Services.
2.1 To use our Services, you will be required to register on our Site for an account (Account). It is your responsibility to keep the details of your Account confidential. You are liable for all activity on your Account, including any payments made through your Account.
2.2 We agree to perform the Services set out on the Site with due care and skill.
2.3 We may provide the Services to you using our employees and contractors, and they are included in these Terms.
2.4 Suppliers of third party services who are not an employee or our direct contractor (Third Party Services) will be your responsibility. We are not responsible for the quality of service provided by suppliers of Third Party Services. You must make direct arrangements with them.
3.1 Payments may be required for some of our Services.
3.2 For Services which require payment, you agree to pay us the fees for the Services (Fees) as set out on the Site. All amounts are stated in Australian dollars.
3.3 Payments will be made via PayPal and no Services will be provided until payment is processed.
3.4 Fees and Services can be varied by written agreement between us, including by email.
3.5 For Services that require regular payments, we will send you tax invoices (Invoices) at regular intervals.
3.6 You agree to pay our Invoices within the terms of the Invoice. If an Invoice is unpaid for more than fourteen (14) days we will cease to provide Services to you, until we receive payment of the Invoice.
3.7 We may charge interest at the rate of 1.5% per month on any amounts unpaid after the expiry of fourteen (14) days after the payment date.
3.8 If invoices are unpaid for fourteen (14) days after the payment date, we have the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.
3.9 Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. The pricing changes will apply to you for services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are posted on our website or are provided to you, whichever is earlier.
4.1 Part of our Services enable businesses to place advertisements on our Site (Ads).
4.2 If you place any Ads on our Site, you acknowledge and agree that you are responsible for your Ad and that your Ads and any related information can be viewed by the general public.
4.3 We reserve the right, at any time and without prior notice, to remove any Ads for any reason, including Ads which we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to our Site and Services.
5.1 You warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee or contractor who was employed by or contracted to us during the term that we provide Services to you or the prior twelve (12) month period.
5.2 You warrant that throughout the term of this Agreement that:
6.1 We may provide materials to you in carrying out the Services which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.
6.2 You agree that, as between you and us, we own all intellectual property rights in our Materials, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights in our Materials, except as stated in these Terms or with our written permission.
6.3 Your use of our Materials does not grant you a licence, or act as a right of use, of any of the intellectual property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
6.4 You must not breach our copyright or intellectual property rights by, including but not limited to:
7.1 You agree to provide information including Intellectual Property to us to enable us to provide the Services. You:
7.2 If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:
8.1 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.
8.2 You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
8.3 These obligations do not apply to Confidential Information that:
8.4 The obligations under this clause will survive termination of these Terms.
9.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact any member of our staff.
9.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure.
9.3Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
10.1 You may cancel our Services by providing us with 30 days’ notice in writing.
10.2 You acknowledge and agree that if any reviews have been submitted about you or your business through our Services, upon termination, these reviews will remain.
10.3 Either party may terminate the Terms, if there has been a material breach of these Terms, subject to following the dispute resolution procedure.
10.4 We may terminate the Terms immediately, in our sole discretion, if:
Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.
11.1 ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
11.2 Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
11.3 Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
11.4 Services: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us resupplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
11.5 Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.
11.6 Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
11.7 Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services and this agreement, except those set out in this agreement, including but not limited to:
12.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
13.1 Publicity: You consent to us using advertising or publicly announcing that we have undertaken work for you.
13.2 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
13.3 GST: If and when applicable, GST payable on our Services will be set out on our Invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
13.4 Relationship of parties: The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
13.5 Assignment: The Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
13.6 Severance: If any provision (or part of it) of the Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of the Terms are valid and enforceable.
13.7 Notices: Any notice required or permitted to be given by either party to the other under these conditions will be in writing addressed to you at the address you provide. Our address is set out in these Terms. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.
13.8 Jurisdiction & Governing Law: These terms are governed by the laws of New South Wales and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
14.1 Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".
14.2 GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
14.3 Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names. For questions or notices, please contact us at: Kidzcationz Pty Ltd t/a Kidzcationz ABN 44 606 248 524 PO Box 914 Dubbo NSW 2830 firstname.lastname@example.org