Should you disagree with some of the provisions herein, you can either leave the Website and our Services (although we’ll be sad to see you go!), or contact us at email@example.com. We want to share, capture and help you relive life’s special moments to help connect parents and children, and we’ll be happy to hear your comments and suggestions.
“Content” means and includes any and all material, links, words, images, videos, photographs posted or accessed on or through the website.
“Services” includes the provision of information, photographs and videos on your children, our childcare centre, activities, and various other services that may be offered from time to time.
“the website” means leorababycentre.vic.edu.au.
“We”, “our” and “us” means Happy Toddlers Pty Ltd atf The Trusee for Babycentre Trust (ABN 66 976 414 994) t/a Leora Baby Centre including all directors, employees, contractors and affiliates
“You” means the user using the Services and by doing so, agree to these Terms
AGREEMENT FOR USE
To be eligible to use our website service, you acknowledge and agree to the following:
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. As is customary for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms;
- You understand and agree that you and/or your child photo or image may be included in any group photo, video or other Content. You hereby agree to permit such Content to be included with our Services on our website;
- While we try to ensure the information on our website is accurate, from time to time there may be errors or information may have changed prior to any update on the website. You understand we cannot be responsible for any such inaccuracies and it is up to you to verify any information before acting upon it; and
- We try to ensure we review our website on a regular basis but we cannot be responsible for any content that is posted by other parents and users that may be offensive, inaccurate, not done in good faith or is otherwise inappropriate. Please advise us of any inappropriate material and we will remove it as soon as possible.
USER CONTRIBUTIONS AND CONTENT REQUIREMENTS
Our website may contain user generated content which may be submitted by other users, and also may contain message boards, personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other persons. All Content posted, including but not limited to comments, words, images, videos, photographs must be lawful, not spammy, not promotional and clear of viruses or other malware. It must be done within the good faith of this website. More specifically, but without limiting the foregoing, it must comply with the following
- Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
- Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
- Not be likely to deceive any person.
- Not promote any illegal activity, or advocate, promote or assist any unlawful act.
- Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- Not involve commercial activities, promotions or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Not give the impression that the content emanates from us or any other person or entity, if this is not the case.
We have a zero tolerance policy when it comes to objectionable content. Any content that we feel is objectionable or that our Members or we have identified as objectionable or offensive will be removed and the Member who has provided the objectionable content will be banned from the website. Our promise to our Members is that we will act on objectionable content reports within 24 hours.
CANCELLATION AND TERMINATION
WE MAY TERMINATE YOUR WEBSITE ACCOUNT AT ANY TIME: We have the right to terminate your account for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
We may also cancel your account and terminate your use and access to the website if we receive complaints that you are misusing, abusing or otherwise violating these Terms or general good faith use of our services.
Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. We are in no way responsible for providing a refund for any Services as a result of any breach of these Terms, illegal activity or otherwise.
MODIFICATION AND AVAILABILITY OF WEBSITE AND CONTENT
We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period.
You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.
We take reliability and security seriously and put significant effort into ensuring that our service operates all the time, and that it is a secure environment for your data. However, no system is perfectly secure or reliable, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use our website, you accept these risks.
You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from:
your use of the Services, the use of our website or inability to use the website, or any information contained on the website or linked to it;
your use of the content or reliance on any content;
any act or omission of any other user you engage under any contract of service or contract for services.
For the sake of clarity as to the extent of this limitation of liability, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind, including any damages for loss of or damage to reputation, loss of data or your incurring legal and other professional fees and expenses, even if the possibility of such damages or loss was made known to us.
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).
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.
Except for your Statutory Rights, all goods and services are 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 that the services will be provided with due care and skill and fitness for a particular purpose.
When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:
The supply of any services again; or
The payment of the cost of having any services supplied again.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Services you purchased.
All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or to use any other Member’s Content without their express permission.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.