Terms and Conditions

1. These Terms and Conditions together with the Privacy Policy regulate the use of the website located at www.thekidsareallright.com.au (referred to as “the website”). The Kids Are All Right is the owner and operator of the website (“the Owner”). The Terms and Conditions together with the Privacy Policy and Forum Rules apply to any and all users (including their agents and assigns) of the website (“you”).

2. By using, including viewing, the website you accept and agree to be bound by the Terms and Conditions, Forum Rules and the Privacy Policy.

3. These Terms and Conditions, Forum Rules and the Privacy Policy may be varied from time to time. Such variations will be posted on the website. Each time that you use the website you accept and agree to be bound by the Terms and Conditions, Forum Rules and the Privacy Policy as posted on the website at that time, including variations.

4. If you do not agree to be bound by the Terms and Conditions and the Privacy Policy in their entirety, including any variations, you must cease to use the website. If you do not agree to abide by the Forum Rules you must not use the Forums.

5. Variations to the Terms and Conditions, the Forum Rules and the Privacy Policy can only be made by the Owner and in writing.

6. You are responsible for your use of the website. The Owner will not be responsible for any material posted, uploaded, communicated, submitted, displayed, downloaded or transmitted by a user or third party (“Material”). Material may include but is not limited to any information including text, graphics, images, sounds and software.

7. The Owner may not monitor or control Material and does not take responsibility for such Material. Any use of Material is at your own risk. The Owner does not in any way endorse, guarantee or support the truthfulness, reliability, honesty, accuracy or lawfulness of any Material. The Owner will not be liable for any loss or damage in any way arising from or in connection with any Material, including misleading, deceptive, offensive, defamatory, or unlawful Material.

8. In using the website, you agree that you will not cause, allow or permit, any Material to be posted, uploaded, communicated, submitted, displayed, downloaded or transmitted which:

(a) is misleading, deceptive, offensive, threatening, harassing, libellous or defamatory
(b) infringes a party’s privacy, confidentiality or intellectual property rights, including but not limited to trade mark, copyright and patent rights, or is in breach of the Privacy Policy
(c) is fraudulent or permits, enables or allows fraudulent acts
(d) is in breach or violation of, or permits, enables or allows a breach or violation of, applicable laws, including statute, common law and applicable rules and regulations
(e) the Owner in its sole and absolute discretion deems to be offensive, obscene, inappropriate, or otherwise unacceptable to the Owner
(f) is or permits, enables or allows Spam.
(g) intentionally or unintentionally contains viruses, malware, spyware or other software, code or data which may cause harm, or may affect the security or proper operation of the website, software, the privacy of users or other persons
(h) causes or may cause the Owner to become liable or potentially liable for any claim for loss or damage or to suffer loss or damage.

9. You agree that the Owner may remove, block or delete Material which the Owner, in its absolute discretion, believes to be of a nature described in clause 8 above.

10. The Owner shall not be liable for any transaction, financial or otherwise, communication or interaction by, between or to users, members of the website or third parties, including loss or damage arising therefrom. The Owner is not obliged to become involved in any dispute between users or third parties. You agree to release and indemnify the Owner from any claims, damages and demands of every kind, potential and actual, arising out of or in any way related to such transactions, communications or interactions and disputes.

11. For the avoidance of any doubt the Owner does not endorse, is not a party to, and will not be in any way responsible for any transactions between users of the website or third parties.

12. The Owner will respond to notices of alleged copyright or intellectual property infringement that comply with applicable law and are properly provided to the Owner. Such notice must:

(a) identify the work or material being infringed
(b) identify the material that is alleged to be infringing with sufficient information for the Owner to find and verify its existence
(c) provide contact details of the party notifying the Owner of the infringement, including name, address, telephone number and e-mail address
(d) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law
(e) contain a physical or electronic signature of the copyright owner or a person authorised to act on their behalf
(f) contain a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.

13. The Owner, in its sole and absolute discretion, reserves the right to remove work or material alleged to be infringing without prior notice.

14. The Owner does not endorse third party websites or other resources linked to the website or software, or the content, products, or services available from such websites or other resources. The Owner is not responsible or liable for the use of such third party websites or other resources.

15. The Owner will not be liable for any harm to your computer, loss of data in connection with or arising from the use of the website.

16. You are responsible for safeguarding your password and any other information or data necessary for you to effectively use the website.

17. You retain your rights to any Material posted, uploaded, communicated, submitted, displayed, downloaded or transmitted by you. You grant the Owner a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed).

18. You warrant that you have the all of the rights, power and authority to grant the licence referred to in clause 17.

19. All rights, title and interest, including intellectual property rights, in the website, excluding any Material, remains the property of the Owner, its assigns, and licensors, and you must not, unless authorised by the Owner in writing, download or reproduce the whole or any part of the website except as reasonably necessary to access and/or use the website.

20. You agree to release and indemnify the Owner from any claims, damages and demands of every kind, potential and actual, arising out of or in any way related to any breach by you of these Terms and Conditions and the Privacy Policy.

21. These Terms and Conditions and any action in connection with or in relation thereto will be governed by the law in force in New South Wales, Australia. You submit to the jurisdiction of the courts of New South Wales. All claims, legal proceedings or litigation arising in connection with the use of the website or software will be brought solely in New South Wales and you consent to the jurisdiction of such courts.