GENERAL TERMS AND CONDITIONS
General
These terms of business apply to all dealings between You and Kids Safety First Pty Ltd (“Company”, “us”, “we” or “our”). These General Terms & Conditions (“Terms”) are important, and you should ensure that you read them carefully.
For the purposes of these Terms, the word:
“ACL” means Australian Consumer Laws set out at Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Application” means Kids Safety First sold on the App Store or accessible at www.kidssafetyfirst.com.au;
“Fee” means the price for a particular Service.
“User” or “You” means the person(s) or company who uses the Application.
“Services” means information and information course relating to first aid.
If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
These Terms and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
The Company will not be responsible for any loss or liability incurred by you arising or in any way connected with any dealing or transaction with us, contemplated or actual, except to the extent of liability imposed by the Australian Consumer Law.
Our failure to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
The Company is not liable whatsoever to you for any direct or indirect losses and/or expense suffered by you arising out of a breach by us of these Terms.
The Company may sub-contract all or any part of our rights and obligations without the consent of the User.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
The User warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent, and that this agreement creates binding and valid legal obligations on it.
The Company may provide any notice required under these Terms by publishing the notice on the Application (“Notice”).
These Terms, together with the Privacy Policy, constitute the entire agreement between you and us and supersede any prior versions of these Terms and all other communications whether oral or written, express or implied.
Acceptance and Registration to use the Services
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by us in the user interface.
Please note that the Company and entities controlled by it are bound by the Australian Privacy Principles (or APP’s) and the Privacy Act (1988) in relation to the treatment of the personal information of a User.
In order to access the Services, you must first register for an account through the Application (the 'Account').
When you register you will provide us with personal information such as your name and email address. We will handle all personal information we collect in accordance with our privacy policy
When you register your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.
We may otherwise collect personal information about you in order to provide our services and for other purposes as detailed in our privacy policy and as required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, finance providers and our business partners.
We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains:
how we store and use, and how you may access and correct your personal information;
how you can lodge a complaint regarding the handling of your personal information; and
how we will handle any complaint.
If you would like any further information about our privacy policies or practices, please contact us.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the privacy policy and these terms.
You warrant that any information you provide in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Application ('Member') and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:
you are not 16 years old or older to form a binding contract with the Company; or
you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Your obligations as a Member
As a Member, you agree to comply with the following:
you will use the Services only for purposes that are permitted by:
the Terms; and
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify the Company of any unauthorised use of your password or email address or any breach of security of which you have become aware;
access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for of the purposes the Company providing the Services;
you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of the Company;
you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by the Company for any illegal or unauthorised use of the Application; and
you acknowledge and agree that any automated use of the Application or its Services is prohibited.
Payment
A Fee must be paid and received by the Company in cleared funds, prior to any Services being made available on the Application.
Depending on the Service selected by the User, the Fee may be a one-off payment or yearly subscription.
You acknowledge and agree that where a request for the payment of the Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Fee.
We accept payment via the following payment methods:
Stripe or Paypal; and
selected credit cards such as Mastercard, Visa and American Express.
All pricing is in AUD. Prices are subject to change without prior notification.
Delivery
Access to the Services will occur immediately following receipt of payment in cleared funds.
We will not be responsible for delivery delays caused by any network or other failure beyond our control including if your software is incompatible or your network protection system blocks delivery.
Refunds and Returns
Given the nature of downloadable products and applications, we do not offer returns or refunds unless required under ACL. If the Application or Services are faulty, please contact our customer service team. We do not accept returns or provide refunds for change of mind.
Our Services come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the ACL and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
If any such statutory provisions apply, then to the extent to which the owner is entitled to do so, its liability under those statutory provisions will be limited re-supplying the Services or refund for payment of those Services.
Intellectual Property
Our Application and its content including our products and services, may represent or contain intellectual property owned by us, including trademarks, copyrights and proprietary information.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.
All trademarks, service marks and trade names are owned, registered and/or licensed by the Company, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
use the Application pursuant to the Terms;
copy and store the Application and the material contained in the Application in your device's cache memory; and
print pages from the Application for your own personal and non-commercial use.
The Company does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by the Company.
The Company retains all rights, title and interest in and to the Application and all related Services.
Disclaimer
THE ONLINE SERVICES ARE NOT INTENDED FOR USE IN EMERGENCY SITUATIONS. IF YOU ARE SUFFERING AN ACUTE ILLNESS OR EMERGENCY, CALL “000” AND ASK FOR AN AMBULANCE.
The information contained in this Application is for general information only and not intended to be used as a substitute to medical advice. The information in this Application is designed only for people located in Australia.
Any advice, recommendation, information, assistance or service given by the Company or Application in relation to the Services is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability and the Company does not accept any liability or responsibility for any loss suffered from the User’s reliance on such advice, recommendation, information, assistance or service.
In relation to certain Services, in order for the Service to work effectively it requires the User to input data, if that data is not accurate, then the Services cannot be expected to provide accurate or reliable information.
To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. You acknowledge that you access and use our Application at your own risk.
The Application and our services are educational and informational resources only and are not a substitute for any kind of professional or specialist advice. We cannot guarantee the outcome of following any recommendations provided and any statements made regarding the potential outcomes are expressions of opinion only.
Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of the Company make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of the Company) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
costs incurred as a result of you using the Application, the Services or any of the products of The Company; and
the Services or operation in respect to links which are provided for your convenience.
Our Application may contain links to websites operated by third parties. Such links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on third party linked websites and have no control over or rights in third party linked websites.
ACCEPTABLE USE POLICY
You must not use our Application in any way that we deem to be inappropriate or unlawful, including but not limited to:
any breach of privacy or any infringement upon the legal rights of any other person;
defamation;
uploading any virus, malware or other malicious software;
posting, commenting or otherwise transmitting any unauthorised material including, but not limited to any material that is or is likely to be defamatory, racist, obscene, threatening, pornographic or otherwise deemed by us to be unacceptable.
SUSPENSION AND TERMINATION
Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your access to the Application, or any part of it.
Disputes
Referring the matter to the Australian Dispute Centre, and, failing any agreement, then referring the matter to arbitration, should resolve any dispute in relation to the contract.
Indemnity
The User shall be solely liable for and shall indemnify and hold harmless the Company, its officers, employees and agents from and against all liability of any nature whatsoever and howsoever arising in or in connection with the Services, and howsoever or whomsoever caused except to the extent that such liability is caused by negligence.
Governing Law & Jurisdiction
The User agrees that these Terms will be construed according to the laws of the state of New South Wales.