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Website Terms and Conditions of Use

Effective date: 11 October 2022

 

1. Overview
1.1 General

Thank you for accessing the ‘Easy Parenting’ website located at https://easyparenting.com.au and all associated features, content and software applications (the Website)`. The Website provides you with an opportunity to browse and purchase access to educational video content for on-demand viewing and other related materials (the Educational Content) for up to 24 months from the date of first access (Access Period), subject to the limited license grant below and these Terms (the Services).

1.2 Application of these terms and conditions

The Website is operated by Easy Parenting Pty Ltd (ACN 659 083 440) (trading as Easy Parenting) (Easy Parenting). In using the Website, the Services and any of our other products and services, you agree to be bound by these terms and conditions (Terms), and warrant that: (i) you are over 18 years of age and have the legal capacity to enter into a binding contract; or (ii) under 18 years of age, and have obtained the consent of your parent or legal guardian to use the Website and that your parent or legal guardian agrees to enter into these Terms and form a contract with us. Please read these Terms carefully before you continue to access the Website and/or purchase or otherwise access our products and services. If you do not accept the Terms, you must refrain from using the Website and any of our products and services.

1.3 Changes to these terms and conditions

We reserve the right to modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on the Website. It is your responsibility to review these Terms prior to initial use as well as periodically throughout your use of our Website and products and services. If at any time you choose not to accept these Terms, you should discontinue your use of the Website and any of our products and services. Your continued use of the Website (including to avoid doubt the Services) following any change to the Terms will be deemed acceptance of any updated Terms.

1.4 Privacy policy

Easy Parenting takes your privacy seriously and any information provided through the use of the Website is subject to Easy Parenting’s Privacy Policy, which is available on the Website.

2. Use of the Website
2.1 Registration

(a) In order to access the Educational Content, you must first register as a user of the Website. As part of the registration process, or as part of the continued use of the Educational Content, you may be required to provide personal information about yourself (such as identification or contact details), including your:

  1. name;
  2. email address;
  3. and/or password.

(b) You warrant that any information you give us in the course of completing the registration process will always be accurate, correct and up to date.

(c) You have the sole responsibility for protecting the confidentiality of your password and/or email address.

(d) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Easy Parenting of any unauthorised use of your password or email address or any breach of security of which you become aware. Use of your password by any other person may result in the immediate cancellation of your access to any Educational Content.

2.2 Limited licence to Educational Content

Subject to payment of any charges to purchase Educational Content, and your compliance with all these Terms, Easy Parenting grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license, during the Access Period, to access and view the Educational Content, for personal, non-commercial, private use.

2.3 Availability of Educational Content

Educational Content will generally continue to be available to you for download or stream from the Website, as applicable, during the Access Period, but may become unavailable for various reasons. Easy Parenting reserves the right at any time and from time to time to modify, or discontinue (either temporarily or permanently) the Website, or any part of it (including any Educational Content), and, subject to these Terms, will not be liable to you if Educational Content becomes unavailable for further download or streaming.

2.4 Your obligations

When using the Website and/or the Services you agree not to:

(a) use the Website and/or the Services in a way that violates, or that may violate, any law or regulation;

(b) use the Website and/or the Services in a way that may cause Easy Parenting to be in violation of any law or regulation;

(c) use the Website and/or the Services in a way that reflects unfavourably on Easy Parenting or any other third party;

(d) be abusive, defamatory, discriminatory, hateful, obscene, vulgar, offensive, threatening or otherwise objectionable;

(e) harass, stalk or otherwise subject any other person to unwanted or inappropriate contact or communication;

(f) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes;

(g) collect information about other users of the Website and/or the Services for any purpose other than as expressly authorised by us;

(h) take any action that imposes an unreasonable burden on the Website’s infrastructure;

(i) distribute a data mining robot or other extraction tool, or meta tag or mirror the Website;

(j) or distribute a computer virus or any similar program or code that may disrupt or disable the Website and/or the Services.

3. Purchases and refunds

(a) In using the Services to purchase Educational Content through the Website, you will agree to the payment of the purchase price listed on the Website for the Educational Content (the Purchase Price).

(b) Payment of the Purchaser Price may be made through credit card (via Stripe), PayPal and if permitted, buy now pay later service providers (the Payment Gateway Providers). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the relevant Payment Gateway Provider.

(c) Following payment of the Purchase Price being confirmed by us, you will be issued with a receipt to confirm the payment has been received and we may record your purchase details for further use.

(d) We do not provide refunds, other than as required by law or as otherwise set out in these Terms.

4. Copyright and intellectual property

(a) The Website, the Educational Content and all the related products of Easy Parenting are subject to copyright. The material on or available through the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) (the Content) are owned or controlled for these purposes, and are reserved by Easy Parenting or its contributors.

(b) Easy Parenting retains all rights, title and interest in and to the Website and all related content (including to avoid doubt, the Educational Content). Nothing you do on or in relation to the Website will transfer to you:

  1. the business name, trading name, domain name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Easy Parenting;
  2. the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
  3. a system or process that is subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

(c) You may not, without the prior written permission of Easy Parenting, and the permission of any other relevant rights owners:

  1. sell, rent, lease, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose;
  2. attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used as part of the Service; or
  3. use the Service or Educational Content for any commercial or illegal purpose.
5. Information and advice

(a) Any content or information provided in connection with the Services is of a general nature only and does not constitute professional individual advice. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide through the Services. No part of the Services is a substitute for obtaining advice that is specific to your individual circumstances from a qualified professional. You are responsible for determining whether the Services are right for you.

(b) Any reference to other products or services, programs, memberships, processes or other information appearing within the Educational Content does not constitute or imply our endorsement, sponsorship or recommendation in any way.

6. General disclaimer

(a) You acknowledge that Easy Parenting does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.

(b) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(c) Subject to this clause, and to the extent permitted by law:

  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
  2. Easy Parenting will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from a failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(d) Use of the Website, the Services, and any of the products of Easy Parenting, is at your own risk. Everything on the Website, the Services, and the products of Easy Parenting are provided to you on an ‘as is’ and ‘as available’ basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors or Easy Parenting make any express or implied representation or warranty about its Content or any products or services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  1. failure or 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;
  2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Content related products (including third party material and advertisements on the Website);
  3. costs incurred as a result of you using the Website or the Services;
  4. the Content or operation in respect to links which are provided for the users convenience;
  5. any failure to complete a transaction, or any loss arising from e-commerce transactions on the Website; or
  6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
7. Limitation of liability

(a) Easy Parenting’s total liability arising out of or connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Easy Parenting is the resupply of information or Services to you.

(b) You expressly understand and agree that Easy Parenting, its affiliates, employees, agents, contributors, third party content providers and licensors will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) Easy Parenting is not responsible or liable in any manner for any site content (including the Content and any Content owned or controlled by third parties) posted on the Website or in connection with the Services, whether posted or caused by users of the Website, by third parties or by any of the services offered by Easy Parenting.

8. Indemnity

You agree to indemnity Easy Parenting, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so any breach by you or your agents of these Terms; and or

(c) Any breach of these Terms.

9. Termination

(a) We may terminate your access to the Website and the Services (including to avoid doubt any Educational Content), at our discretion without notice (except as may be required by applicable law). If we do so, and you have purchased Educational Content less than 6 months prior to termination of your access, then if you ask us to, we will give you a pro-rated refund of the Purchase Price for that content (as if the relevant Purchase Price for the Educational Content was for 6 months of access). However, if you violate any of these Terms, your rights under these Terms will automatically terminate without notice, and Easy Parenting may, in its discretion, immediately revoke your access to the Service and to Educational Content without refund of any fees. In such event, you must delete all copies of Educational Content that you have downloaded, or otherwise have access to.

(b) In the event of termination, all obligations, limitations, and restrictions imposed on you by the Terms, including the limitations of liability set out in the Terms, will survive.

10. General
10.1 Applicable law

These Terms are governed by and will be construed in accordance with the laws of Western Australia. Any disputes arising under or in connection with these terms of use will be subject to the exclusive jurisdiction of the courts of Western Australia.

10.2 Waiver

If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

10.3 Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the Terms remain in force.