Terms & Conditions

(Effective as of November 2016)

Welcome to the Melbourne for Kids – Your Online Activity Guide service (the “Service”).  The following Terms of Use apply when you view or use the Service via our website located at www.melbourneforkids.com.au.  Please review the following terms carefully.  By accessing or using the Service, you signify your agreement to these Terms of Use.  If you do not agree to these Terms of Use, you may not access or use the Service.

PRIVACY POLICY

The Melbourne for Kids website respects the privacy of its Service users.  Please refer to the Melbourne for Kids website’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Service, you signify your agreement to this Privacy Policy.

ABOUT THE SERVICE

The Service allows you to post family and child friendly events or business information in our online directory.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

You need to be at least 18 years old and a resident of Australia to register for and use the Service.

If you are a user who signs up for the Service, will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Melbourne for Kids website.  You agree to notify us immediately of any unauthorized use of your password and/or account. The Melbourne for Kids website will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

USE RESTRICTIONS.

Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  •    post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  •    use the service for any unlawful purpose or for the promotion of illegal activities;
  •    attempt to, or harass, abuse or harm another person or group;
  •    use another user’s account without permission;
  •    provide false or inaccurate information when registering an account;
  •    interfere or attempt to interfere with the proper functioning of the Service;
  •    make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  •    bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
  •    publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

POSTING AND CONDUCT RESTRICTIONS.

When you create your own personalized account, you may be able to provide (“User Content”).  You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.  You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.  The Melbourne for Kids website, however, reserves the right to remove any User Content from the Service at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

  •    You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  •    You will not post information that is malicious, false or inaccurate;
  •    You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
  •    You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility.  The Melbourne for Kids website is not responsible for any public display or misuse of your User Content.  The Melbourne for Kids website does not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Melbourne for Kids website, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  The Melbourne for Kids website does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Melbourne for Kids website adopt nor endorse, nor is the Melbourne for Kids website responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Melbourne for Kids website.  The Melbourne for Kids website takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service.  Under no circumstances will the Melbourne for Kids website be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

Though the Melbourne for Kids website strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable.  The Melbourne for Kids website reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.  E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.  The Melbourne for Kids website shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law.  If you become aware of misuse of our Service, please contact us.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, the Melbourne for Kids website may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”).  These links are provided as a courtesy to Service subscribers.  The Melbourne for Kids website has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.  Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Melbourne for Kids website, and the Melbourne for Kids website is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.  Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Melbourne for Kids website.  If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

The Melbourne for Kids website respects the intellectual property rights of others and requests that the users do the same.  The Melbourne for Kids website may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification with the following information via the contact us online form.

  1. A description and location of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  2. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;

 

If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may contact us to clarify your rights.

LICENSE GRANT

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Melbourne for Kids website a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, publish, list information regarding, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

FESS AND PAYMENTS

The Advertiser or Activity Provider may be billed a Fee for any advertising services provided by the Company. Fees will be clearly identified when the Advertiser or Activity Provider subscribes to advertising services.
Activity Providers can cancel their membership at any time trough the admin panel at the link “My Account”. There is no refund for advertising services or memberships.

WARRANTY DISCLAIMER

This Website is provided “as is,” with all faults, and the Melbourne for Kids website makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

LIMITATION OF DAMAGES; RELEASE

In no event shall the Melbourne for Kids website nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and the Melbourne for Kids website, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.  It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement.  If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use.  However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration.  For this additional reason, you should keep your contact and profile information current.  Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Melbourne for Kids website’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Melbourne for Kids website.  No purported waiver or modification of this Agreement by the Melbourne for Kids website via telephonic or email communications shall be valid.

GENERAL TERMS

You acknowledge that you have read these terms of use, understand the terms of use, and will be bound by these terms and conditions. You further acknowledge that these terms of use together with the privacy policy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.