Terms & Conditions Nrichkid
Terms and Conditions
1 Website Terms & Conditions
These Terms set out the basis of an agreement between you and us regarding your use of the website.
1.2 Your Consent
You accept and agree to be bound by these Terms and any additional terms by:
- accessing and using the website; or
- posting or creating a link to the website.
If you do not agree to these Terms, please do not access, link to, or otherwise use the website.
1.3 Additional Or Other Terms
If you download an application, then you will also be required to agree to the End User Licence Agreement.
The website is intended solely for users who are thirteen 13 years of age or older who are responsible for children.
Any registration by, use of or access to the website by anyone under 13 is unauthorised, unlicensed and in violation of these Terms. By using the website, you represent and warrant that you are 13 or older. If we learn that you are less than 13 years old, among other things, your profile on the website will be removed and your membership will be terminated without warning.
You must not submit any personal information of a child through the website unless you are the parent or legal guardian of that child, or you reasonably believe that you have the permission of the parent or legal guardian of that child.
1.5 Defined Terms ETC
Italicised words in these Terms and the rules for interpreting these Terms are set out in the definitions and interpretation section at the end of this web page.
1.6 Changes To These Terms
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time, provided that we may only amend the terms relating to alternative dispute resolution, venue and time limit of claims to the extent allowed by applicable law. Please check these Terms periodically for changes. Your continued use of this website following the posting of changes to these Terms will mean you accept those changes. Any rights not expressly granted herein are reserved by us.
We have the right to update these Terms from time to time by posting a new version on the website. Please check this web page periodically in order to ensure that you are familiar with any changes. These Terms were last updated on 31 August 2018.
2 Rules Of Conduct
You must not:
- re-publish, re-distribute or syndicate content except with our prior written permission;
- insert your own or a third party's advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the content or services on the website (including, for example and without limitation, in an RSS feed or podcast received from us, our related companies or otherwise through the website);
- use, redistribute, republish or exploit any part of the website or any content for any commercial or promotional purposes without our prior written consent;
- obtain or attempt to gain unauthorised access to other computer systems, materials, information or any services available on or through the website through any means, including through means not intentionally made publicly available or provided for through the website;
- engage in spidering, ‘screen scraping’, ‘database scraping’, harvesting of email addresses or other personal information, or any other automatic or unauthorised means of accessing, logging-in or registering on the website, or obtaining lists of users or other information from or through the website, including, without limitation, any information residing on any server or database connected to the website;
- use the website or its features and services in any manner that could interrupt, damage, disable, overburden or impair the website or interfere with any other party's use and enjoyment of the website, such as sending mass unsolicited messages or ‘flooding’ servers with requests, including for the purpose of effecting ‘denial of service’ (‘DoS’) attacks; or
- attempt, encourage, or support anyone else’s attempt to do any of the above things.
3.1 Ownership Of The Website
We (along with our related companies and our licensors) own, all rights, title and interest in and to the website. Your use of the website does not grant to you ownership or title of, in or to the website, any site content or any other part of the website.
3.2 Ownership Of Other Intellectual Property
Nothing in these Terms confers or transfers the ownership of any intellectual property in, or associated with our business, any application, or any of the online properties, including:
- any trade mark;
- any content;
- any data owned or controlled by us, including the details of our end users; or
- the source code or object code associated with the application;
3.3 Limited Licence
Subject to the terms and conditions set forth in these Terms, we grant you a non-exclusive, non-transferable, licence to access, view, use and display the website and site content on your computing device for the permitted purpose.
3.4 No Right To Reproduce, Or Modify, ETC
You may not modify, reproduce, republish, upload, post, transmit, translate, sell, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the website unless authorised in these Terms or by the owner of the materials.
4 Complaints About Infringements
We respect the intellectual property rights of others, and require that the people who use the website do the same. If you believe that your work has been copied or used in a way that constitutes an intellectual property infringement, forward the following information to our Intellectual Property Complaints Officer (details below):
- your address, telephone number, and email address;
- description of the work that you claim has been infringed (including any registration numbers);
- a description of where the alleged infringing material is located;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the intellectual property owner, its agent, or the law;
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
The details of our Intellectual Property Complaints Officer is as follows:
Intellectual Property Complaints Officer
GHES International Pty Ltd
PO Box 2363
LOWER TEMPLESTOWE VIC 3107
5 Links To This Website
If you include a link from any other website to the website without our prior express permission, then the link: (a) must open in a new browser window; and (b) the website must not be ‘framed’, surrounded or obfuscated by any third party content, materials or branding.
You must not link directly to any image hosted on the website under any circumstances. This includes using an ‘in-line’ linking method to cause the image hosted by us to be displayed on another web site.
We may in our sole discretion, insist that any link to the website be discontinued, and we may revoke your right to link to the website from any other web site at any time upon written notice to you.
We may feature links on the website which display content of third party web sites, including the sites of the Providers (referred to in these terms as ‘linked sites’).
7 Cookies, ETC
7.1 Use of Tracking Technologies
We capture data about your browsing activities on the website and other websites using tracking technologies. We do this in our own right and in conjunction with third party providers such as analytics companies such as Google Analytics and third party ad servers and networks. The technologies that we and our partners use include cookies, clear GIFs pixel tags and ETags. You have the ability to opt out of the use of some of these tracking technologies as discussed in Section 5 below.
Using these tracking technologies, we capture ‘clickstream data’. This is data pertaining to your browsing activities based on the links that you choose to click. Clickstream data includes:
- details of the referring page that brought you to the website (which may be another website or a search engine);
- the pages that you visit on the website;
- search terms that you enter on the website or a referring site;
- the pages, content or ads that you see or click during your visit;
- the items that you download;
- the time that you visited the website and the duration of your stay; and
- the site that you visit after you leave the website as well as the type of device, operating system and web browser that you use.
7.2 Opting Out
Some web browsers may transmit ‘do-not-track’ or ‘DNT’ signals to us. There are differences in how web browsers incorporate and activate this feature, so it is not always clear whether users intend for these signals to be transmitted. Further, there are no industry standards concerning what websites should do when they receive such signals. Accordingly, we do not currently change our tracking practices in response to DNT settings in your web browsers, and we do not require third party partners to do so. We will review this position if and when a final standard is established and accepted.
7.3 Location Information
If your device is equipped with the ability to determine its precise geographic location, and if it has been configured to do so, your device will transmit its location to our servers in real time at any time that the website is open. This will occur even if you are not actively using the website, or if it is minimised on your device, and will occur until you configure your device so that it doesn’t do so.
8 Warranties And Guarantees ETC
8.1 Implied Guarantees
The law in Australia implies certain terms into these Terms, including obligations not to engage in conduct that is misleading or deceptive, or that is likely to mislead or deceive. These implied terms form part of these Terms, and nothing here is intended to exclude, restrict or modify terms implied by law which cannot be excluded.
8.2 No Other Guarantees Or Representations ETC
Neither we nor our affiliates, our representatives or the representatives of our affiliates make any guarantees, warranties, representations other than those which are implied by law and cannot be excluded. To the maximum extent permitted by law, we make no guarantee, warranty or representation that:
- you will have uninterrupted access to the website, or particular functions, materials or tools on the website;
- we will provide a guaranteed amount of uptime for the website or particular functions or tools on the website;
- general information provided on the website is suitable for your particular needs or circumstances; or
- the website and the site content are free from viruses or defects.
9.1 Exclusion Of Liability
Subject to our obligation under any law not to exclude or restrict its liability, we exclude all liability to you: i) of whatever nature (whether any indirect, incidental, special or consequential loss or damage or otherwise, including loss of business or other profits); and (b) however arising (whether through the law of negligence or tort generally, breach of contract, breach of statutory duty or otherwise).
9.2 Affiliates ETC
The exclusions and limitations contained in this Clause 9 apply both to us and the affiliates.
9.3 Limitation Of Liability
Where liability cannot be excluded, any liability incurred by us in relation to the use of this website or the content is limited to the re-supply of the services or content, or the reasonable cost of having the services or content re-supplied.
9.4 PROVIDER CONTENT
You agree and acknowledge that Providers are responsible for the content posted by them, and the
provision of their services, and we are not responsible for examining or evaluating the completeness, oraccuracy of any Provider Content, including session times, cancellations, costs, and availability.
9.5 PROVISION OF SERVICES
You agree and acknowledge that the Providers are solely responsible for any services that they provide to
you or your children.
10 Jurisdictional Issues
The website is intended for users who are located in Australia. Neither we nor our affiliates represent the site content is appropriate or suitable for use in other locations. Persons who choose to access the website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
10.2 Governing Law
These Terms are governed by the laws applying in the State of Victoria, Australia.
The Parties submit exclusively to the jurisdiction of the courts based in Melbourne, Victoria, and the courts in other States and Territories which hear appeals from courts based in Melbourne.
If any provision of these Terms is found by a court or tribunal of competent jurisdiction to be invalid or unenforceable, the Parties nevertheless agree that the court should endeavour to give effect to the Parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
11.2 Entire Agreement
These Terms, together with any documents referred to within it, as well as guidelines and procedures published by us on the website, contain the entire understanding between the Parties with respect to your use of the website and supersedes all prior understandings or agreements between us.
12 Definitions And Interpretation
In these Terms, the following words have the following meanings:
‘Affiliates’ means our representatives, the related companies, and the representatives of the related companies;
‘Application’ means any software application designed to advertise events and activities suitable for kids, which is commercialised by us under any trade mark, regardless of whether it is distributed through a third-party service (such as the App StoreTM, or Google Play StoreTM), or directly by us.
‘Content’ means all text, graphics (whether photographs, renderings, images or illustrations or otherwise), audiovisual material (whether video, sound, or both) and other data, including webcasts, RSS feeds, podcasts, graphics, logos, information, games, widgets, gadgets, applets and software.
‘Linked sites’ has the meaning defined in Clause 6 above.
‘Online properties’ means the website and any other websites and social networking platforms which we use to promote or administer any application.
‘Permitted purpose’ means the purposes of:
- determining whether you wish to download the application for your personal use;
- determining whether you wish to become a Provider;
- reviewing the offerings of the Providers;
- obtaining information about our organisation and business offering.
‘Personal information’ means information that identifies you or could be used to identify you or any other person.
‘Provider’ means any business that presents activities or events designed to entertain or educate children, and which is featured on any application or any of the online properties.
‘Provider Content’ means any content about, or relating to, a Provider or the service offerings of that Provider that is displayed on, or communicated using, the application, or any of the online properties.
‘Related companies’ means any company which would be regarded as a ‘related body corporate’ under section 50 of the Corporations Act 2001.
‘Representatives’ with respect to an entity or organisation means all directors, officers, shareholders, employees, consultants, or agents of that organisation.
‘Trade mark’ means any mark, whether registered or unregistered mark, which features or includes the words ‘NRichKids’, including the domain name nrichkids.com.au.
‘Website’ means the website located at the domain NRichKids.com.au and on all sub-domains, folders and sub-folders of that domain.
These Terms are governed by the following rules of interpretation:
A reference to ‘we’, ‘us’ or ‘our’ is a reference to GHES International Pty Ltd 84 619 589 927;
A reference to the ‘Parties’ means both you and us and a reference to a ‘Party’ means either you or us;
A reference to ‘these Terms’ or similar is a reference to the terms on this web page, as amended from time to time; and
A reference to a person includes a reference to a group of persons or an incorporated body.
A term defined in the singular has the corresponding meaning when used in the plural, and vice versa.