This page outlines the General Conditions of access to and use of the Site including the use of products and services offered on this Site. Additional specific terms may apply to some products and services.
1. Acknowledgment and acceptance of General Conditions(a) <www.kidsizeliving.com.au> (Site) is owned and operated by KIDsize Living (we, us) to offer visitors and subscribers (Participants) access to general information and to register for on-line membership to our services (the Services).(b) The access to and use of the Site (Access) by subscribers (you, your) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (General Conditions). Your Access to the Site constitutes your agreement to be bound by the General Conditions. We reserve the right to revise, amend and update the General Conditions at any time effective on the date of posting to the Site of the new and amended provisions.
4. Ownership of content on the Site(a) The materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (Content) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.(b) You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these General Conditions or with our express prior written consent or as, specifically provided for on the Site. Where Content is delivered to you in a form that is technically able to be modified, delivery of Content in that form is not taken to grant permission to modify that Content unless expressly noted at the time of delivery.
5. Access to the Site(a) You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this Site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).(b) You must not access or use the Site or the Content in any manner or for any purpose which:(i) is illegal or prohibited by any laws that apply to you;(ii) violates our rights in any way; or(iii) is prohibited by the General Conditions.(c) You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your Access.
6. Disclaimer and limitation of liability(a) Although we have no reason to believe that any information contained in this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this Site updated.(b) We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in this Site. We and our directors, officers, agents, employees and contractors do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free or free of viruses. The Content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.(c) Neither we nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your Access, the Content or any omissions from the Content, except where liability is made non-excludable by legislation.
7. IndemnityYou must indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:(a) any breach by you of the General Conditions;(b) reliance by you on any information obtained through the Site; or(c) your Access to the Site.
8. CopyrightCopyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorized by these General Conditions, you may not in any form or by any means:(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or(b) commercialize any information, products or services obtained from any part of this Site.
9. Trade Marks(a) Except where otherwise specified, any word or device to which the TM or ® symbol is attached, is a trade mark in which we claim proprietary rights.(b) If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:(i) in or as the whole or part of your own trade marks;(ii) in connection with activities, products or services which are not ours;(iii) in a manner which may be confusing, misleading or deceptive; or(iv) in a manner that disparages us or our information, products or services (including this Site).
10. TerminationWe may terminate access to this Site and the provision of the Services at any time without notice. The General Conditions will nevertheless survive any such termination.
11. Governing LawThese General Conditions are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia.
12. Linking to the SiteNo linking is permitted to the Site unless it is the subject of a separate specific written agreement between you and us.
13. Advertising and links to other web sites(a) The Site may contain links to third party sites (Linked Sites). Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (Subsequent Site). We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us or by our directors, officers, agents, employees and contractors. You link to any Linked Site or Subsequent Site entirely at your own risk.(b) Neither we nor our directors, officers, agents, employees and contractors give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites, nor do we or they accept any responsibility arising in any way (including negligence) for errors in, or omissions from any Linked Sites or Subsequent Sites.
14. General(a) We do not accept any liability for any failure to comply with the General Conditions where the failure is due to circumstances beyond our reasonable control.(b) If we waive any rights available to us under these General Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.(c) If any of the General Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.