1. THE SERVICE
1.1 The purpose of the Service is to enable You to receive access to information, Online Training, materials, resources and merchandise through Our Site in relation to our Mission to Make Australia the safest place in the world to raise a child.
1.2 For as long as We continue to offer this Site and the Service, We shall provide You with the ability to access the service available on the Site in accordance with these terms and conditions of use.
2. GENERAL TERMS AND CONDITIONS OF USE
2.2 Amendments to terms and conditions of use
We reserve the right to amend these terms and conditions of use at any time. Any amendments shall be effective immediately upon notification on the Site. Your continued use of the Site following such notification will represent an agreement by You to be bound by the terms and conditions of use as amended.
2.3 Access and use
The Site is intended for personal use only and may not be sold, redistributed or used for any commercial purpose.
To access some parts of the Site, you will be required to become a Registered User. You may, however, have limited access to browse and use certain features of the Site without becoming a Registered User. If you do not purchase or are assigned a course within 30 days you will be disabled as a Registered User and will need to re-register.
By accessing and using the Site, you assume all risks associated with such access and use. The Site is provided to You on an as is basis. To the fullest extent permitted by law, We do not represent or warrant that the Site or the services generally available through the Site will be uninterrupted or error-free or defect-free or that errors or defects in the Site will be corrected. We do not represent or warrant to You that any electronic files available through the Site will be free of Harmful Code nor that Your use of the Site will achieve any particular result.
We reserve the right, at any time, to disable, close or render inaccessible the Site for so long as We desire for any reason whatsoever, and without the need to provide any reasons. To the maximum extent permitted by law, We do not accept liability for any Loss which You may suffer or incur as a result of such actions.
You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to, or alteration of, Your transmissions of data or of information contained on Your computer system or on this Site. To the maximum extent permitted by law, We accept no liability for any Loss which You may suffer or incur as a result of such activity. You agree to immediately notify Us of any unauthorised use of Your user name and password or any other breach of security.
You must take Your own precautions to ensure that the processes taken by You to access this Site do not expose You to the risks of Harmful Code.
2.6 Changes to the Site
We reserve the right to make any changes to the Site as considered by Us necessary or desirable, at any time, without notice. We will use all reasonable endeavours to give prior notice of such changes on the Site but You acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects on the Site or for security reasons).
2.7 Lawful use
You must use the Site for lawful purposes only and ensure that Your access to, or use of, the Site is not illegal or prohibited by law. It is Your responsibility to obtain legal, financial, accounting and other professional advice in relation to compliance with all Applicable Laws in using the Site.
You agree at all times to deal with any information or material provided by Us or accessed through the Site in a manner which complies with all Applicable Laws of Australia or of any other relevant jurisdiction.
2.8 Misuse and interference
You must not:
(a) attempt to gain unauthorised access to any part of the Site;
(b) interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected to the Site or the integrity or performance of the Site;
(c) disable any protection software associated with the Site;
(d) send or store any Harmful Code;
(e) use any feature of the Site in a manner that We reasonably determine is inappropriate or not intended.
2.9 Prohibited information
You must not submit information to Us on, from or through the Site that:
(a) may infringe the rights of any other person, including without limitation Intellectual Property Rights;
(b) may disclose a person’s confidential information;
(c) may contravene Your privacy obligations or any other person’s privacy obligations;
(d) is illegal or may constitute or encourage any contravention of any Applicable Laws by any person;
(e) is otherwise, in Our view, inappropriate.
2.10 Ownership of information You submit to Us
2.11 Communications with Site Users
In any communications with other Site Users, You must not send threatening, offensive or abusive communication or any communication intended to, or likely to, threaten, offend or abuse another Site User. You must not solicit any business from any other Site User or buy or sell (or attempt to buy or sell) products and/or services through the Site or the Service.
2.12 Information on the Site
While we make all reasonable efforts to ensure the accuracy of the Materials, We do not warrant or represent the accuracy, completeness or suitability for Your intended use of any information contained on the Site, including, without limitation, any Materials. You are responsible for Your use of any information or materials obtained from the Site. You should make Your own enquiries to check if the information on the Site is accurate, complete and suitable for Your intended use.
All information in the Materials is of a general nature only and is not intended to constitute personal or other professional advice. The Site may contain information that includes the views or recommendations of others that are not necessarily Our views. Any reliance on such information, views or recommendations is at Your own risk.
The Site may contain links and pointers to internet sites maintained by third parties. These links to third party sites are provided for Your convenience. Such links are not under Our control and We are not responsible for the contents (including the accuracy, completeness or suitability for Your intended use) of any linked site or any link contained in a linked site. We do not endorse any information on those linked sites or any associated organisation, product or services.
To the maximum extent permitted by law, We do not accept any liability for, and You hereby release Us from any claim in relation to, any Loss, howsoever caused (including through Our negligence), suffered or incurred by You arising from or in connection with:
(a) Your access to, or use of, this Site, any Materials or any linked site;
(b) any change in content of the Site;
(c) any decision or action taken by You in reliance on any Materials or any linked site; or
(d) the availability of the Site or any error or defect in the Site.
The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded (including, without limitation, any guarantee under the Australian Consumer Law) (a non-excludable provision).
2.14 Implied terms
Subject to any non-excludable provisions of the Australian Consumer Law or any other legislation, and to the fullest extent permitted by law, any guarantee, condition or warranty (including, without limitation, any implied guarantee, condition or warranty of merchantability, satisfactory quality or fitness for a particular purpose) which would otherwise be implied in these terms and conditions of use is hereby excluded.
Where the Australian Consumer Law or any other legislation implies in these terms and conditions of use any guarantee, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such guarantee, condition or warranty, Our liability for any breach of such guarantee, condition or warranty shall be limited, at Our option, to one or more of the following:
(a) if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and
(b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again.
You acknowledge and agree that reliance by Us on this limitation of liability is fair and reasonable in all the circumstances.
2.15 Force Majeure
We accept no liability for any delay or failure to perform Our obligations under these terms and conditions of use if such a delay or failure is due to circumstances beyond Our reasonable control.
You agree to indemnify and keep indemnified, Us, Our officers, employees and agents (those indemnified) against all Loss suffered or incurred by those indemnified in connection with:
(a) Your access to, or use of, this Site, any Materials, information You submit to Us or any linked site;
(b) any decision or action taken by You in reliance on any information or materials on the Site and any linked site;
(c) any breach of any these terms and conditions of use by You;
(d) any wilful misconduct by You; or
(e) any negligent act or omission by You.
All copyright in the Materials (including, without limitation, text, graphics, logos, icons, sound recordings and software) is owned by Us. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these terms and conditions of use or the relevant copyright owner or licensor, You may not, in any form or by any means:
(a) copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Materials; or
(b) commercialise the whole or any part of the Materials, without Our express written permission or, in the case of third party material, from the owner of the copyright in that material.
2.18 Trade marks
Trade marks used on the Site are Our trade marks (registered or unregistered) or trade marks of third parties. If You use any trade marks owned by Us, in reference to Us or the Site You must include a statement attributing that trade mark to Us. You must not use any of Our trade marks or trade marks of third parties featured on the Site:
(a) in, or as the whole or part of, Your own trade marks;
(b) in connection with any business, products or services which are not Ours;
(c) in a manner which may be confusing, misleading or deceptive to any person; or
(d) in a manner that disparages Us, the third party owners of the trade marks or the Site.
2.19 Linking to the Site
You may only insert a link to the Site if:
(a) the link is presented in a way which fairly represents Our business and the Site and does not disparage us;
(b) the context in which You insert the link does not give visitors the impression that the relevant site or business, is sponsored or endorsed by Us, or otherwise affiliated with Us;
(c) the source of the material on the relevant site is clear, including without limitation by ensuring that the context of the link does not suggest that we have created any of the content on that site; and
(d) the link opens in a new window, and not in the navigation of the relevant site.
We may, at Our discretion, suspend Your access to all or part of the Site for any reason, including without limitation if We reasonably consider that You are in breach of any provision of these terms and conditions of use. We may, at Our discretion, terminate these and your access to all or any part of the Site or Service, without the need to provide reasons.
Termination of this agreement and Your access to the Site or Service will not end those provisions that are capable of surviving the ending of this agreement.
2.21 General provisions