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1 Kids Domain Disclaimer of Use
1.1 The following terms and conditions (Agreement) constitutes the entire agreement between Kids Domain (the website) and any person accessing the website (the user) and between the website and business, organisation or individual listed on the website (the provider) and business, organisation, or individual who advertises on this website (the Advertiser). For the purposes of this agreement the visitor the provider and the Advertiser will collectively be called the User.
1.2 By accessing or using any part of the website or associated products and services in any way, without limitation the User is bound by these terms and conditions.
1.3 The Website reserves the right to update these terms and conditions without notice to the user. The user’s usage of any part of the website will be subject to the most current version of these terms and conditions.
1.4 The website aims to provide a lsising of service and product providers and information, tips, recourses, news, reviews and comments relevant to Children (the business activity) on the Sunshine Coast (Place of Business).
1.5 This agreement is governed by the laws of Queensland, Australia.
1.6 If any clause in these terms and conditions is held to be legally invalid or unenforceable, the clause or wording shall be deemed omitted from this Agreement leaving the remaining clauses enforceable at law.
2 Use of the Website
2.1 In using the website and its related content, the user should be aware of and agree to and act accordingly with respect to the following:
2.1.1 Not disrupt or interfere with the security or otherwise cause harm to the website, it’s servers or networks connected or accessible through, system resources, passwords, accounts of the website or its partners, or do anything which would impose an unreasonable load on our infrastructure;
2.1.2 Not to post or otherwise transmit any harmful or destructive files
2.1.3 Not to create a false identity or attempt to use another users account, password, system or service;
2.1.4 Not provide false, incorrect or misleading information to the website with the intent to deceive to mislead either the website or other users
2.1.5 Not to copy any content or information of any nature form the website using a scraper, spider, robot or any other means whether automated or not, for any purpose whatsoever without prior written consent of the website. It is further agreed the user will not embed, frame or insert any portion of the website into another website page or digital property without the prior written consent of the website.
2.2 The website relies on the information provided by the providers that have created listings and publicly available information gathered from public sources. Whilst we endeavour to ensure this infoamtion is true and correct, we do not conduct detailed ongoing checks on all this information and thus this information may become out of date or incorrect over time. We advise the Visitor to check all information in advance directly with the Provider before travelling to their business, booking an activity, engaging in their service or purchasing their products.
2.3 If there is any incorrect or misleading information on the website, please contact us and we will investigate.
2.4 Kids Domain makes no representations about the accuracy or quality of the of any goods or services. It is the responsibility of the user to verify and validate all claims where the information originates.
2.5 Kids Domain is not responsible for any infringing content.
2.6 Kids Domain is not responsible for 3rd party content or any loss or damages that arises from use.
2.7 The website does not represent or endorse any provider in any capacity and makes no representations on their behalf.
2.8 The website will make all reasonable effort to provide information that is accurate at the time of publication however, bears no liability should any information be incorrect or superseded.
2.9 The website does not accept payments on behalf of the providers listed on the website and as such, all financial transactions and bookings should be confirmed and agreed between the visitor and the provider. We advise the visitor to confirm all circumstances and requirements (including but not limited to; scope, pricing, dates, deliverables and activities) prior to payment to the provider and ensure there is a written or electronic confirmation form the provider covering all the above.
2.10 The website integrates listings with google maps to help the visitor to view the location of the provider in the local area. These locations should be considered as a guideline only, and the actual address confirmed for the provider before travelling to their business, booking an activity, engaging their service or purchasing their products.
2.11 All in formation provided by the website in relation to the potential increase in leads and visibility from update, improving and upgrading listings are based on the average increases that have historically been achieved across the relevant businesses in our database. A provider should take into account that increases for individual businesses may vary significantly from the average provided.
2.12 Any person submitting or claiming a business listing should be 16 years of age or older.
2.13 Any visitor wanting to contact the provider or join the website community should be at least 13 years old and should be acting with specific consent from their parent or guardian.
2.14 By accepting these terms the user bears sole responsibility to their own inquiries as to all the information in this website that pertains to the event, activity, class or the like before attending.
2.15 Kids Domain bears no responsibility for any loss or damage arising for any use or purchase of any good or services by an advertiser or 3rd party mentioned in the website.
2.16 Except to the extent required by applicable laws and only to that extent Kids Domain and its employees, agents, directors, affiliates accept no responsibility for any loss or damage incidental, direct, emotional, actual, or of any sort of damages via the use of this website for any reason.
2.17 Kids Domain is not liable for any false or misleading claims of any information on the herein website provided by advertisers or content providers or employees, agents or affiliates.
2.18 Should the user breach any of the terms and conditionsthey agree to indemnify and hold harmless Kids Domain form and against any and all loss, expenses, damages, and costs including without limitation to legal fees resulting, whether directly or indirectly form your violation of the Term.
2.19 You as the user agrees not to defame or make any comments that could cause any business or service cited on the website to incur loss or damage and in doing so accept liability for the said loss or damage and agree to indemnify the said business or service.
3 Business Listing – Free
3.1 A Provider can use the Website to add, amend and/or update a business listing, as well as to respond to related user reviews or comments, only if this is done based on the terms of this Agreement.
3.2 All business listings must be related to the Business Activity and be located in defined Place of Business, as defined in this Agreement.
3.3 A Provider must not add or amend a business listing on the Website without having the express authorisation of that business to do so.
3.4 All content must be accurate and complete, not be of a nature to bring the Website into disrepute and must comply with all relevant regulation, laws, standards and relevant industry codes.
3.5 The Provider is responsible for keeping their business listing up to date with new and relevant information.
3.6 All content submitted to the Website must belong to the business and should not breach any copyright, intellectual property, business or any other law or legal requirement.
3.7 All content submitted must be suitable for minors and not be obscene, false, misleading, defamatory or deceptive in anyway and must not contain pornography, adult sexual content, sex related merchandising or nudity.
3.8 The Website has the sole discretion to decide which businesses it will list on the Website.
3.9 The Website has the right to remove any business listing for any reason at any time, without the need to provide an explanation and without any damages applying.
3.10 The Website reserves the right to remove or amend content at its sole discretion.
3.11 All submissions of content to the Website will automatically grant an unconditional right of use of that content on the Website.
3.12 By creating an account and claiming or adding a listing on the Website the Provider authorises and consents to the Website contacting them for the purposes of managing their account, promotions, offers, upgrades and product changes.
3.13 The Website reserves the right to amend any features, benefits and prices of business listings at any time, without the need to provide notice and without any damages applying. The Website will make every effort to ensure featured listings are not negatively impacted due to any changes.
3.14 Kids Domain makes no promises about the category names or page names remaining the same and reserves the right to move menus without consultation or alter website design without consultation and the Provider accepts that their listing terms simply make an assumption of publishing on the platform as a whole with no guarantee where on the menu that place will be accessed and accepts this is subject to change.
4 Business Listing – Paid Promotion
4.1 All of the points in the above section related to free listings apply equally to featured listings.
4.2 Featured listings offer additional benefits and features and require payment to the Website.
4.3 A Provider may not apply for a paid business listing on the Website without having the express authorisation of that business to do so.
4.4 All fees are as stated at the time of viewing on the packages and sign-up pages and exclude GST.
4.5 Payments for featured listings are made in advance for the following month.
4.6 All Paid Listing packages, will be automatically renewed and charged to the business on a monthly basis, until cancelled in writing by the client.
4.7 Subscriptions can be cancelled at any time. The effective cancellation date will be the day before the next payment is due, being one month after the previous payment date.
4.8 The business will remain on the Website as a featured listing until the next payment date and no refunds will be made for the time period between being notified of cancellation and the next payment date.
4.9 The Website has the right to terminate the Agreement and remove the business listing from the site if monthly payments are not made or any term of this Agreement are breached. Payments up to the termination date will remain payable.
4.10 Featured listings will be given priority in the search results on the Website, based on the information provided and the package they have signed up for.
4.11 Within each of the featured search results; the order of the search results will be random. There is thus no guarantee that a business listing will always appear first in a set of featured search results.
4.12 Exposure in featured listing and events areas across the site are done on a random basis.
4.13 Featured listings may appear on competitor business pages but will not occur if that competitor has a featured listing themselves.
4.14 Each featured listing package has a clearly defined set of features and inclusions – see the Packages page on the Website for more details.
4.15 The Website is not responsible for any changes to the featured listings that have the Facebook and/or Twitter feeds included in their packages, which may result from downtime, or changed or removed functionality due to changed terms and conditions from these providers.
4.16 Kids Domain makes no promises about the category names or page names remaining the same and reserves the right to move menus without consultation or alter website design without consultation and the Provider accepts that their listing terms simply make an assumption of publishing on the platform as a whole with no guarantee where on the menu that place will be accessed and accepts this is subject to change.
5 Copyright and Intellectual Property
5.1 Unless otherwise stated, the Website retains copyright in all material, content, information, tools, documents, processes and files provided on the Website. All the products and services of the Website as well as their selection and arrangement are protected by copyright and other intellectual property laws and as such, unauthorised use of these will violate such laws and the terms and conditions of usage.
5.2 The Website and its partners do not grant any express or implied rights to use the property of the Website for any purposes other than specified.
5.3 The User of the Website agrees not to copy, republish, frame, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on any of the Website code, offers, listings, products, functionality, features, content or services.
6 Limitation of Liability
6.1 The Website is not responsible for any loss, damages, costs or expenses or any other claims in any way whatsoever which may occur as a result of a User using the Website or the Providers services, products or activities listed on the Website.
6.2 The Website makes no warranties around the quality or the appropriateness of the Providers or their associated services, products or activities and is thus not responsible for any loss, damages, costs or expenses or any other claims related to the associated services, products and activities undertaken.
6.3 The Website makes no warranties around the marketing of the Website and shall market the Website as it sees fit.
6.4 The User hereby indemnifies and holds harmless the Website and its officers, and employees from and against any liability, loss, damage, costs and expense and penalties incurred or suffered by any of them, resulting from a User accessing and using the Website.
8 Advertiser Terms
8.1 Kids Domain accepts advertising under the terms and conditions set out below covering all our platforms but not limited to our website (www.kidsdomain.com.au), Facebook page, Pinterest Page and Instagram Account.
8.2 By agreeing to advertise by way or order the Advertiser agreed without condition the following terms and conditions.
8.3 Kids Domain reserves the right to reject or cancel any advertising at any stage that it considers unsuitable. Kids Domain can remove the advertising without contacting the advertiser but will make attempts to to so following removal.
8.4 The Advertiser guarantees to Kids Domain
(i) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading and wholey their own (ii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement; (iii) The advertising abides by all laws and relevant national or state advertising guidelines and any other authorities under jurisdiction. It is the responsibility of the advertiser to find out this information prior to advertising. (iv) The images and or content supplied will be free of viruses and any damage caused to any hardware or software of Kids Domain will be deemed the responsibility of the advertiser who will pay all costs.
8.5 Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with Kids Domain and the advertiser will compensate Kids Domain for any claim made against them.
9.1 All Advertisements are accepted based on the understanding that they will be paid for at the applicable rates set out in the relevant Media Kit on the date of publication. Kids Domain can change their rates at any time. Any changes to the rates will take effect immediately. However, any charges to the applicable rates will not apply to any orders made prior to the date of such change.
9.2 Kids Domain requires payment for advertising to be made within the time provided on the invoice. Any advertiser who does not do this will be subject to collection procedures that may result in a collection agency seeking recovery. Should this occur the advertiser will also be liable for any costs incurred by Kids Domain in seeking recovery of the money. Acceptance of the charges is assumed via the order being made for advertising.
10 Online Advertisements
10.1 Kids Domain makes no promises or representation to the future forecast of website visitors either to the website as a whole or to the advertiser’s advertisement. Kids Domain can only make predictions based on historical data but makes no promises of this continuing and is not liable for any drop or loss in traffic or assumed traffic.
10.2 Kids Domain does not guarantee continuous, uninterrupted access by users of the website or social media but will use reasonable efforts to provide this and has no liability for any website downtime for any period of time for any reason without condition. This includes hardware or software failure, telecommunications failure, virus or other. Kids Domain will not pay out any advertisers for loss of advertising impressions during any downtime. Advertisers accept that Kids Domain has no liability or responsibility over any external or social media platform, its service or performance of any advertising.
10.3 It is the responsibility of the advertiser to check their advertisement at the time of publishing for any errors in text and/or hyperlinking. Kids Domain is not liable for any error based on the condition of the advertiser conducting this final check.
10.4 Should the advertiser cancel their advertising through the term, Kids Domain should be provided with at least 72 hours notice and will not refund any outstanding monies. The advertiser is liable for completing any outstanding payments
10.5 Kids Domain shall use its reasonable endeavors to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
10.6 Kids Domain accepts no responsibility or liability for the withdrawal of any advertising by any relevant authority who has the power to remove or govern any advertising
10.7 It is the responsibility of the advertiser to check all advertising copy within 72 hours of publishing for any errors. If after this time (once confirmed) there is any error caused by user error at Kids Domain (not virus, hacking or hardware related) Kids Domain will agree to republish the advertising for the relevant term.
10.8 Kids Domain allows for reasonable changes to advertising copy throughout the term at no cost. This should be no more that 3 times during an advertising terms otherwise the advertising can be charged an administration fee of $20 per change.
10.9 Kids Domain shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by Kids Domain and the Advertiser, and Kids Domain’s maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser. This includes but is not limited to all our social media platforms or any platform or advertising mechanism bearing the name of Kids Domain.
10.10 The Advertiser will fully reimburse Kids Domain for all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the Advertisement by Kids Domain in accordance with these Terms.
10.11 Kids Domain owns the copyright of any copy placed on this website.
10.12 Kids Domain is not responsible or liable for any comments made on any advertising.
10.13 Kids Domain makes no promises about the category names or page names remaining the same and reserves the right to move menus without consultation or alter website design without consultation and advertiser accepts that their advertising terms simply make an assumption of publishing on the platform as a whole with no guarantee where on the menu that place will be accessed and accepts this is subject to change.
11 Data Collecting at Kids Domain
11.1 Advertisers are bound to disclose any tracking links places within text on the Kids Domain website