Website Terms & Conditions
1. DEFINED TERMS USED IN THIS AGREEMENT
1.2. Approved Payment Mechanism means Visa, MasterCard or such other card or payment mechanism (e.g. Eway, NumeroPro) as We allow to be used to pay for Goods or Services, from time to time.
1.3. Content means any information, Including Personal Information, that is entered into the Website or any service on it, by You or on Your behalf.
1.4. Contract Details means the details relating to a particular transaction that are entered into our Website as part of the Enrolment Process, or any other purchase of Goods or Services, including Your name and contact details, type of Good or Service and the Price payable.
1.5. Enrolment Process means the completion of Contract Details, including the acceptance of the Enrolment Terms and Conditions, or any terms and conditions relating to any other transaction and, if required by the Website, payment for the relevant Good or Service, for a particular transaction in our Website.
1.6. Enrolment Terms and Conditions means the terms and conditions as part of the completion of Enrolment Process available on our Website.
1.7. Good or Service means any good or service (including children’s education and care services including centre- based holiday camps and activities) that may be available from Us or a Third Party, via the Website.
1.8. GST means the Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.9. Including or Includes are not words of limitation.
1.10. Price means the amount or fee that is payable for a Good or Service, the Approved Payment Mechanism Price and any other amounts stated on the Contract Details, or set out on the Enrolment Terms and Conditions, as being payable in respect of that particular Good or Service (inclusive of GST, where applicable).
1.14. Third Party means an entity or person that is not Us.
1.15. We, Us or Our means Kool Kidzz ABN 72 016 887 131.
1.16. Website means Our website, currently at www.koolhq.com.au, booking.koolhq.com.au.
1.17. You means you as an individual, or, where you are acting for Your employer, Your employer.
2. THE AGREEMENT
2.1. This Agreement is made between You and Us when You use the Website. It applies to Your use of the Website, all the services on it and any Goods or Services that you purchase using it.
2.2. We may vary the Agreement by posting a new Agreement on the Website, and that new Agreement will apply to each of Your visits to Our Website whilst that new Agreement is posted.
2.3. Nothing in this Agreement excludes, restricts or modifies, or has the effect or excluding restricting or modifying the provisions of the Competition and Consumer Act 2010 (the Australian Consumer Law) in contravention of that Act.
3. USING THE WEBSITE
3.1. Where You are issued with a password and user name to use any part of the Website, You must ensure that You keep that user name and password strictly confidential, and must not disclose either of them to anyone else. You are solely responsible for any activities undertaken using Your username and password.
3.3. Where We provide links on Our Website to websites operated by Third Parties We disclaim all liability for any content on that Website and/or any transaction that You may make on that website.
3.4. Where We include Third Party advertising on Our Website, We disclaim all liability for any advertisement and/or any transaction, act or omission that You may make on as a result of that advertisement.
3.5. Any testimonials published by us are independent and genuine. However, they do not represent a guarantee or warranty of similar results.
3.6. You should ensure that You accept the privacy policies on any website that You link to from Our Website before You provide any Personal Information to that website. We do not endorse any third party website, product or service.
3.7. You are responsible for the Content. We are not responsible for taking or maintaining backups of the Content, Website or any services on it.
3.8. You are responsible for all costs, both capital and on-going/use, involved in connecting to and using the Website, and if the Website or any application on it is updated or changed in any way, and this update requires a new or upgraded software, hardware or network technology to connect to, or use, it, then any costs associated with that upgrade are solely Your responsibility too.
3.9. In order to respond to market needs We may, in Our discretion, change, delete or add any features, functions, applications, offers, deals, advertising, navigation, the look and feel, branding or any other item on the Website, or the infrastructure or technology on which it is operated, without liability to You. We may stop supplying any particular Good or Service, or vary the Price of any Good or Service at any time, in Our discretion. Any such change will not affect any transaction that has already been made for any Good or Service.
3.10. You acknowledge and agree that We may make payment of commissions to others, and others may make payment of commissions to Us, in connection with any Good or Service.
4. MAKING PAYMENT
4.1. You must pay Us by Approved Payment Mechanism in accordance with the Purchasing Process:
(a) the Price for any Good or Service;
(b) the Price for use of an Approved Payment Mechanism; and
(c) any other amount stated.
4.2. You are responsible for any exchange rate fees or charges for international transactions charged, or any other charges levied by the provider of the Approved Payment Mechanism that You use, so that the net amount received by Us is the Price.
4.3. We may be collecting the Price as agent of the Third Party who is providing You with the Goods or Services. In this case We will pass on to the Third Party the amount that we are contracted to pay for the relevant Goods or Services in accordance with Our contract with the Third Party.
4.4. If any payment is made to Us using an Approved Payment Mechanism and the financial institution subsequently refuses to honour the payment for any reason, or for any other reason payment is not honoured or completed (other than providing a refund as required by law) or We are required to make a chargeback, then:
4.5. You must immediately pay the relevant Price that the Approved Payment Mechanism was used to attempt payment by a means acceptable to Us; and
4.6. You must pay a non-payment fee of $0 for each occasion when payment was not made properly, when We incurred a charge back; and
4.7. You must indemnify Us for any loss, damage or expense incurred by Us in connection with such non-payment and recovery of monies.
4.8. If We provide You with any credit as part of a transaction on Our Website, You consent to Us obtaining from, or providing to a credit provider named in a credit report, credit reporting agency, or any person You authorise Us to contact, any of your Personal Information or corporate information, including information relating to creditworthiness, credit standing, credit history or credit capacity, for the purposes of assessing, or providing information in relation to, Your creditworthiness (Including notifying others of any default or notifying others of the status of Your account if you are in default with any other credit provider) and/or deciding whether to grant or continue to provide credit approval to You. You consent to Us being given a consumer credit report to collect overdue payment on commercial credit (s 18K (1) (h) of the Privacy Act 1988 (Cth)).
4.9. We reserve the right not to accept payment from any Approved Payment Mechanism that is issued to a person that has an address outside of Australia.
4.10. All amounts stated in this Agreement are in Australian Dollars.
5. REFUNDS AND OUR LIABILITY TO YOU
5.1. You are entitled to a refund:
(a) in accordance with our Enrolment Terms and Conditions; and
(b) if any amount paid to Us for any Good or Service if the refund must be paid by law (Including under the Australian Consumer Law). Where we are acting as agent for the Third Party who is supplying the Goods or Services to You, We will pay any refund only when We receive the corresponding refund from the Third Party. Any refunds will be made to the same Approved Payment Mechanism from which the original Price was paid, or otherwise in accordance in accordance with the codes of practice for credit cards.
5.2. To the extent permitted by law, if We fail to comply with a statutory guarantee under sections 54 – 59 of the Competition and Consumer Act 2010, Our liability for such a failure is limited to, at Our option:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(d) the payment of the cost of having the goods repaired,
provided that it is fair and reasonable for Us to rely on this term of the agreement.
5.3. To the extent permitted by law, if We fail to comply with a statutory guarantee under sections 60 – 62 of the Competition and Consumer Act 2010, Our liability for such a failure is limited to, at Our option:
(a) supplying the services again; or
(b) payment of the cost of having the services supplied again,
provided that it is fair and reasonable for Us to rely on this term of the agreement.
5.4. Our liability for any loss, damage or expense that is not provided for under clauses 5.1, 5.2 or 5.3, is to the maximum extent permitted by law, limited, to direct losses (and not indirect or consequential losses) of up to $100.
5.5. You indemnify Us and hold Us harmless from any loss, damage or expense that We incur out of or in connection with:
(a) Your breach of this Agreement (Including any costs We incur enforcing this Agreement);
(b) any negligent, wilful, unlawful or fraudulent act or omission committed by You (and if You are an entity, Your agents and contractors); or
(c) the Content.
5.6. Extent of Our Responsibility for Goods and Services where we act as agent for the Third Party.
5.7. Where We act as agent for a Third Party to collect the Price for Goods or Services via the Website, We:
(a) do not own, supply, operate, control or manage the supply of the Goods or Services, or the content displayed on the Website in respect of them;
(b) offer the Goods and Services through the Website as agent for the relevant Third Party only (and not in Our own name);
(c) do not create or verify any content provided by the Third Party that is displayed on the Website in respect of those Goods or Services,
(d) We are not responsible for whether the Good or Service is suitable for You;
(e) to the maximum extent permitted by law, We are not responsible for, and exclude all liability for:
(f) the supply, failure to supply or inadequate supply, of any Good or Service, where the transaction has been properly processed by Us;
(g) any content that is displayed on the Website relating to the Goods or Services.
5.8. Where We act as agent for a Third Party to collect the Price via the Website and You are dissatisfied with the Good or Service You should discuss this and resolve any dispute directly with the Third Party. We do not endorse any Third Party or any Good or Service provided by a Third Party.
6. INTELLECTUAL PROPERTY
6.1. You are granted a limited right to:
(a) access and use the Website;
(b) print and make copies of the screens, tax invoices, receipts and other documents that are generated from the Website, for your own personal use, or where You are acting for Your employer, for your employer’s internal business proposes only. You are not granted any other rights to use the Website or any content on it under this Agreement.
6.2. You must not use, nor allow any third person access to, any part of the Website or any information on it:
(a) for any unlawful purpose, any activity which breaches any law (Australian law or foreign law), breach any person’s rights of privacy, confidentiality or intellectual property, or which menace or harass any person;
(b) to harm minors in any way;
(c) to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or misrepresent your identity;
(d) to upload, post, email, transmit or otherwise make available:
(i) any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, confidentiality or contractual rights, hateful, or racially, ethnically or otherwise objectionable;
(ii) to upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(iii) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) to interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
(e) to conduct any data mining, reproduction, automated queries or other data extraction process.
6.3. You acknowledge and agree that the Website, any software used in connection with the Website and the information in any of them contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You acknowledge and agree that the information contained in advertisements or content presented to you through the Website and any software used in connection with the Website or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Us or advertisers, You must not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, any software or information, in whole or in part.
6.4. You grant Us an irrevocable, non-exclusive, royalty-free licence to the use, copy, adapt and sub-license of any data entered into the Website by You or that is generated by the Website in connection with Your use of the Website, for any purpose, provided that:
(a) We do not disclose to any third party any information that can be used to identify You (unless such disclosure is required or assists with the provision of the Good or Service); and
6.5. If You provide Us with any feedback or suggestions as to how to improve Our service or any Good or Service, We may use that feedback or suggestions without reference to You and without payment. Any intellectual property that is created as a result of such feedback or suggestions vests in Us or is assigned to Us without charge. You must promptly complete any documents that We require You to sign (at Our cost) to give effect this clause.
8. OTHER ISSUES
8.1. You acknowledge and agree that:
(a) only a director of Us has the authority to vary this Agreement and any such variation must be done in writing and signed by a Director of Us;
(b) in entering into this Agreement You have not relied on any statement, representation act or omission that is not set out in written form in the Agreement.
8.2. We agree that both of us may use electronic communications in connection with this Agreement. Any electronic communication shall have the same effect as if it was a hard copy document with the same information on it.
8.3. This Agreement is subject to the laws and exclusive jurisdiction of the courts of NSW, Australia.
9. COMPLAINTS AND FEEDBACK
9.1. If You wish to make a complaint or provide any comments regarding the Website or this Agreement, You can do so through contacting Us by email at: [email protected].
V1_1 Last updated September 13, 2016