Terms of Use

 

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In these terms and conditions, “us”, “we” or “our” means Mountain Lioness Pty Ltd (ABN: 15 614 757 023) is T/A Kiddipedia. It is important to us that you understand these terms and conditions which relate to your use of www.kiddipedia.com.au and the Kiddipedia App (the “Kiddipedia Site &/or App”). If you have any questions, please contact us at privacy@kiddipedia.com.au or via the Contact Us page.

  1. Agreement
    1. By accessing and using the Kiddipedia Site &/or App, you agree to be bound by these terms and conditions, our Privacy Policy and any other terms and conditions, notices and disclaimers displayed elsewhere on the Kiddipedia site relating to your use of the Kiddipedia Site &/or App (“Kiddipedia Terms”).
    2. We may change the Kiddipedia Terms at any time. If we do, an amended version of the Kiddipedia Terms will be posted on the Kiddipedia Site &/or App. You are responsible for ensuring that you regularly review the Kiddipedia Terms and your continued use of the Kiddipedia Site &/or App after any changes are made to the Kiddipedia Terms will be deemed to constitute your acceptance of those changes. If you object to any changes to the Kiddipedia Terms, or otherwise become dissatisfied with your membership of the Kiddipedia Site &/or App, your only remedy is to immediately:
      (a) discontinue your use of the Kiddipedia Site &/or App; and/or
      (b) terminate your membership in accordance with the Kiddipedia Terms.
  2. Membership and subscription
    1. When registering as a member of the Kiddipedia Site &/or App, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account page on the relevant Kiddipedia Site &/or App.
    2. As a member of the Kiddipedia Site &/or App, you are permitted to create one profile for yourself on that Kiddipedia Site &/or App. You must not create multiple member profiles on the one Kiddipedia Site &/or App.
    3. All personal information you provide to us will be treated in accordance with our Privacy Policy.
    4. All transactions are processed in Australian Dollars (AUD)
    5. As a member of the Kiddipedia site &/or App payments will be automatically deducted from eWay. Payments will scheduled to automatically to occur on the date of expiration of your exisiting membership term. As a member if you do not opt-out your membership will renew automatically at the end of term period of the same previously signed duration.
    6. In the event that you do not op-out of your auto-renewal or cancelled your membership any amounts deducted are non-refundable and any payments due (or outstanding) will become due immediately.
    7. Kiddipedia does not provide refunds in the event that you have changed your mind.
  3. Termination and suspension
    1. You may terminate your membership of the Kiddipedia Site &/or App for any reason only by providing written notice to us. You can provide notice of termination by:
      (a) selecting ‘cancel account’ within your Account settings and following the instructions;
      (b) mailing it to our postal address listed on the About Us page; or
      (c) emailing us via the Contact Us page.
    2. We reserve the right to, without limitation, do any or all of the following in relation to your membership:
      (a) suspend your membership;
      (b) permanently or temporarily hide all or part of your member profile;
      (c) modify your member profile;
      (d) terminate your membership for any reason by providing notice to you by email;
      (e) terminate your membership immediately without notice to you if you have committed a breach of the Kiddipedia Terms;
      (f) deactivate your membership if you have not used the Kiddipedia Site &/or App for a period of 12 months or more (from the date of last use); and/or
      (g) permanently or temporarily block your access to all or part of the Kiddipedia Site &/or App.
  4. Service and features
    1. You may become a member of the Kiddipedia Site &/or App at no cost. Membership is necessary to access certain areas of the site.
    2. Any information you provide when registering as a member will be treated in accordance with our Privacy Policy.
    3. As a member, you will also have the ability to access features and services available on the Kiddipedia Site &/or App (such as communicating with other members, subscription services or any chargeable service or feature that becomes available from time to time).
    4. Further details and any additional terms and conditions relating to any future features and services (including pricing for any future chargeable services) will be made available on the Kiddipedia Site &/or App. Any such additional terms and conditions form part of the Kiddipedia Terms.
    5. Should we choose in the future to implement a chargeable service or feature, we reserve the right to change the pricing for any chargeable service or feature on the Kiddipedia Site &/or App at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of the Kiddipedia Site or terminate your membership in accordance with the Kiddipedia Terms.
    6. In the event of unusual activity, we reserve the right to temporarily or permanently suspend your account and contact you, or any other relevant third party to report such unusual activity.
    7. While we use reasonable endeavours to ensure that the Kiddipedia Site &/or App are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the Kiddipedia Site &/or App may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.
    8. We reserve the right to change or discontinue any service or feature of the Kiddipedia Site &/or App in whole or in part any time.
  5. Secure access
    1. You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session.
    2. We may at any time request a form of identification to verify your identity and/or your compliance with the Kiddipedia Terms.
  6. Content
    1. Any images, sounds, or text (Content) that you transmit or post on the Kiddipedia Site &/or App, or otherwise transmit to any other member of the Kiddipedia Site &/or App by any other means, must be complete and accurate.
    2. Kiddipedia grants you a non-exclusive, non-transferable, revocable licence to access and make personal use of the Site and any information, documentation, articles or other Content available on the Site.
    3. This licence does not permit any commercial use of the Site or Content,including but not limited to collecting usernames and/or email addresses or sending unsolicited emails.The licence expressly excludes using the Site to advertise or solicit other users to-buy, sell or hire any products or services other than as permitted in Part B of these Terms.
    4. You acknowledge that you do not obtain or own any intellectual property-rights whatsoever in the Site or the Content and all intellectual property-rights subsisting in the Site and any Content remains vested in Kiddipedia or its third-party licensors.
    5. Kiddipedia makes no representations or warranties of any kind,express or implied as to the operation of the-Site,the Content,or the conduct of the users.You expressly agree that your use of the Site is entirely at your sole risk.However, nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on a party by the Trade Practices Act 1974 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.
    6. Content provided on the Site does not constitute advice as to the suitability of any customers for a party that advertises on the-Site (directory or classified listing). You should seek independent advice to determine if the relevant party is appropriate for your individual needs.
    7. You agree not to post or transmit on the Kiddipedia Site &/or App, or otherwise transmit to any other member of the Kiddipedia Site &/or App by any other means, Content that:
      (a) is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
      (b) is racist, objectionable, threatening or invasive of privacy;
      (c) composed of a profile or photograph of any third person used without his or her permission or photographs of people under 18 years of age (even if they are your children);
      (d) is impersonating any person or otherwise misleading as to the origin of any User Content;
      (e) used for political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”;
      (f) is false or misleading in any way;
      (g) infringes the rights of any third party including, but not limited to, intellectual property rights;
      (h) you do not have a right to make available under any law or contractual obligation;
      (i) is sexually explicit or contains sexual references / innuendo;
      (j) pertains to group sexual activity or soliciting contact for the purpose of extra marital (marital, de facto or relationship) encounters or affairs;
      (k) contains restricted or password only access pages, or hidden con-tent; or
      (l) contains viruses, or other computer codes, files or programs de-signed to interrupt, limit or destroy the functionality of other computer software or hardware.
    8. Without limiting the above, you must not transmit or post on the Kiddipedia Site &/or App, or otherwise transmit to any other member of the Kiddipedia Site &/or App by any other means, any images that contain:
      (a) images of any person other than you (without their consent);
      (b) material, cartoons, pictures or text that is offensive or potentially likely to offend, discriminate, defame or cause social concern; or
      (c) nudity.
    9. You are solely responsible for Content that you transmit or post on the Kiddipedia Site &/or App, or otherwise transmit to any member of an Kiddipedia Site &/or App by any other means.
    10. We are not responsible for, and accept no liability with respect to, any Content transmitted or posted on the Kiddipedia Site &/or App, or otherwise transmitted to any member of the Kiddipedia Site &/or App by any other means, by any person.
    11. We reserve the right, but have no obligation, to review Content transmitted or posted on the Kiddipedia Site &/or App, or (where possible) otherwise transmitted to any member of the Kiddipedia Site &/or App by any other means.
    12. Without limiting your responsibilities under the Kiddipedia Terms, we re-serve the right to modify and/or remove any Content that, in our opinion, violates the Kiddipedia Terms or otherwise has the potential to harm, endanger or violate the rights of any person.
    13. We do not make any representations or warranties as to the accuracy, re-liability or completeness of any Content posted or transmitted on the Kiddipedia Site &/or App, or otherwise transmitted to any other member of the Kiddipedia Site &/or App by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone’s reliance on the Site, Content or User Consent posted or transmitted on the Kiddipedia Site &/or App, or otherwise transmitted to any other member of the Kiddipedia Site &/or App by any other means.
    14. To the fullest extent permitted by law, Kiddipedia disclaims all warranties, express or implied, including but not limited to, implied warranties of merchant ability and fitness for a particular purpose or warranties concerning accuracy, currency or completeness. Kiddipedia will not be liable for any damages of any kind arising from the use of the Site, Content, or User Content.
    15. The maximum aggregate liability of Kiddipedia for all proven losses,damages and claims arising out of these-Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to an aggregate of all claims of AUD $100. Where Kiddipedia’s liability cannot be excluded under any law, Kiddipedia’s liability will be limited to, at its discretion, either re-supplying the Site to you or paying you the cost of re-supplying the Site to you.
    16. Not with standing any other clause, Kiddipedia is not liable to you or to any other person for any losses or damages of any kind caused by or resulting from any wrongful, wilful or negligent act or omission by any person or any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information, or without limiting the foregoing, any in direct or consequential loss or damage how so ever described or claimed.
    17. The failure of Kiddipedia to insist up on a strict performance of any of these Terms will not be deemed a waiver of any subsequent breach or default in these Terms.
    18. Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
    19. Related parties of Kiddipedia may enforce these Terms in accordance with Kiddipedia’s rights and obligations under these Terms.
    20. You must not link to Kiddipedia from any other website (or otherwise authorise any other person to link from a third party website to Kiddipedia) without our prior written consent.
  7. Use of the Kiddipedia Site &/or App and prohibited activities
    1. You agree not to use the Kiddipedia Site &/or App (or contact any other member of an Kiddipedia Site &/or App) to:
      (a) defame, abuse, harass, stalk, threaten or otherwise offend others;
      (b) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
      (c) impersonate or create a profile for any person or entity;
      (d) promote, or provide information about, illegal activities or conduct;
      (e) promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
      (f) exploit any person under the age of 18, or to solicit information from anyone under 18; or
      (g) solicit money, passwords or personal information from any person.
    2. You also agree not to
      (a) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Kiddipedia Site &/or App;
      (b) “frame” or “mirror” any part of the Kiddipedia Site &/or App without our prior written authorization;
      (c) use code or other devices containing any reference to the Kiddipedia Site &/or App to direct other persons to any other web page;
      (d) except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Kiddipedia Site &/or App or cause any other person to do so.
    3. The Kiddipedia Site &/or App are for the personal use of individual mem-bers only. Businesses, groups, organizations and companies are prohibited from registering as members. The Kiddipedia Site &/or App must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to the Kiddipedia Site &/or App is prohibited.
    4. We have no obligation to monitor any member’s use of an Kiddipedia Site &/or App, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
  8. Advertising on the Site and Posting User Content
    1. If you post or submit any information, content, comment or other material,including comments on the Kiddipedia discussion forum (User Content) on the Site you grant to Kiddipedia a non-exclusive, royalty-free, perpetual, irrevocable world wide right to use, reproduce, communicate, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content through out the world in any media.
    2. Kiddipedia reserves the right to change the functionality and Content (including limiting access to or ceasing to provide the Content) of the Site at any time without prior written notification to you.
    3. Kiddipedia may display or feature third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
    4. If you contact a third party using functionality provided on Kiddipedia, including via e-mail, we do not accept any responsibility for any transactions or communication between you and the relevant third party.
    5. By posting, transmitting, uploading or otherwise making available any Material through Kiddipedia, you:
      i. grant Kiddipedia a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
      ii. except where expressly stated otherwise, also grant each user of Kiddipedia a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;
      iii. warrant that the Material does not breach the Conditions; and
      iv. warrant that you have the right to grant the above mentioned licences;
      v. unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
    6. We reserve the right (but have no obligation)to:
      i. reject or remove, modify, reformat, review any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person;
      ii. monitor use of Kiddipedia, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.
      iii. We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on Kiddipedia by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on Kiddipedia simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
    7. All content (text, images, videos) must be original.
    8. Any third-party contribution submitted by you must be declared and have permission for publication from the original owner.
    9. You may contribute only objective content which neither you nor anyone you know has a vested interest in.
    10. Copyright on original content stays with you. Please be aware, however, that once published on our website, the content is accessible to the public and subscribers. Kiddipedia has no control over third-party usage.
    11. You warrant that you own or otherwise control all of the rights to all User-Content that you post, that you will be solely responsible for the User Content that you post, that the User-Content is accurate, that the use of the User Content you supply does not violate any applicable laws or these Terms and that the User Content will not cause injury or loss to any person.
  9. Safe interaction, complaints and disputes
    1. Unfortunately, it is possible that other members of the Kiddipedia Site &/or App may use the Kiddipedia Site &/or App in violation of the Kiddipedia Terms. For example, it is possible that another member may post or transmit on the Kiddipedia Site &/or App Content that is obscene or offensive, or use the Kiddipedia Site &/or App to harass you.
    2. We urge you to be cautious when interacting with other members of the Kiddipedia Site &/or App. You should carefully select the Content that you post or transmit on the Kiddipedia Site &/or App, or otherwise transmit to any other member by any other means. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your member profile. Any Content that you transmit or post on the Kiddipedia Site &/or App, or otherwise transmit to any other member of the Kiddipedia Site &/or App by any other means, will be considered non-confidential.
    3. If you are experiencing problems with any other member of the Kiddipedia Site &/or App and would like to make a complaint, please send us an email via the Contact Us page.
    4. We may record and store any information relating to any complaint made against you.
    5. We reserve the right, but have no obligation, to monitor disputes between members of the Kiddipedia Site &/or App.
    6. You agree to hold us harmless in connection with any dispute or claim that you make against any other member of the Kiddipedia Site &/or App.
  10. Intellectual property
    1. We own and retain all proprietary rights in and relating to the Kiddipedia Site &/or App. Proprietary rights in and relating to the Kiddipedia Site &/or App must not be used in any way without our prior written consent.
    2. You warrant that any Content that you post or transmit on the Kiddipedia Site &/or App, or otherwise transmit to any other member of an Kiddipedia Site &/or App by any other means, will not infringe the intellectual property rights of any third party.
    3. Subject to our obligations under Privacy Policy you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your Content for any purpose. You warrant that you have the right to grant us such rights.
    4. No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content posted or transmitted on an Kiddipedia Site &/or App, or otherwise transmitted to any member of an Kiddipedia Site &/or App, other than their own Content, without the express written permission of the relevant owner.
    5. If you believe that any Content has been posted or transmitted on the Kiddipedia Site &/or App, or otherwise transmitted to any member of an Kiddipedia Site &/or App by any other means, in violation of your rights, please send us an email via the Contact Us page.
  11. External activities
    1. From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, giveaways or other activities that may be conducted offline and may be conducted by third parties (External Activities).
    2. Personal information (Name, Email, Postcode) collected during a Giveaway will be added to  Kiddipedia’s newsletter database and shared with the Third Party. Answers provided within the Giveaway may be used for market research purposes.
    3. Other External Activities may be subject to separate terms and conditions.
    4. You acknowledge that you participate in any External Activities entirely at your own risk.
    5. In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.
    6. In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Kiddipedia Terms, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.
  12. Third party websites and advertising
    1. From time to time, the Kiddipedia Site &/or App may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Kiddipedia Site &/or App and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave the Kiddipedia Site &/or App entirely at your own risk.
    2. From time to time, the Kiddipedia Site &/or App may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
  13. Limitation of liability and indemnity
    1. You acknowledge that you use the Kiddipedia Site &/or App at your own risk.
    2. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Kiddipedia Site &/or App, or any other members’ use of or conduct in connection with the Kiddipedia Site &/or App, in any circumstance.
    3. You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a direct or indirect result of or in connection with your use of or conduct in connection with the Kiddipedia Sites, including any breach by you of the Kiddipedia Terms and from any Content or User Content you post.
    4. To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Kiddipedia Terms, might apply in relation to your use of the Kiddipedia Site &/or App. In particular, we do not make any representations or warranties that the Kiddipedia Site &/or App will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the Kiddipedia Site &/or App.
    5. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Kiddipedia Site &/or App pur-chased by you during the term of your membership.
    6. In no circumstances will we be liable for any indirect, punitive or conse-quential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
    7. By posting User Content you agree to indemnify and keep indemnified Kiddipedia, its officers, employees and agents against all claims, suits, actions, liabilities, actual or contingent costs,damages and expenses incurred by Kiddipedia in connection with any User Content. Kiddipedia makes no representations or warranties of any kind, express or implied as to the operation of the Site or User Content.
  14. General
    1. No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Kiddipedia Terms or your use of the Kiddipedia Site &/or App.
    2. The Kiddipedia Terms represent the entire agreement between you and us regarding your use of the Kiddipedia Site &/or App.
    3. If any provision of the Kiddipedia Terms is held to be invalid, the remainder of the Kiddipedia Terms shall continue in full force and effect.
    4. These Terms are governed by the law in force in Victoria, and the parties submit to the exclusive jurisdiction of the courts in Victoria.