Welcome to the Kids Health Australia Website (“Site”). Please take a few moments to carefully read these Terms and Conditions prior to using the Site.
Acknowledgment and Acceptance of Terms and Conditions
In these Terms and Conditions the words “we”, “our” and “us” refer to Kids Health Australia Pty Ltd (ACN 603 181 791) (“Kids Health Australia”) and includes its directors, officers, employees, agents and consultants; and “you” or “your” means the person who accepts these Terms and Conditions. by using the Site and associated software, networks and processes, including the purchase of goods or services through the Site. By using the Site, you agree to comply with these Terms and Conditions and to indemnify Kids Health Australia against any claims by third parties arising from your violation of these Terms and Conditions. If you do not agree to any of the conditions, please discontinue your access. If you do not comply with these Terms and Conditions at any time, we reserve the right, if applicable, to cancel or terminate your, user account, and/or access to the Site (or any part thereof).
Copyright ©2014, Kids Health Australia. This Copyright notice, unless otherwise noted, applies to all proprietary pages, product names, design, images, photographs, videos, text, words or phrases, and other material (“Content”) available throughout the Site as trademarks, service marks, trade names or other property of Kids Health Australia. All other unregistered and registered trademarks are the property of their respective owners.
Personal use only
You agree that information contained on the Site is for personal use only and may not be sold, redistributed or used for any commercial purpose, without Kids Health Australia’s express permission. You may download material from the Site for your personal, non-commercial use only, however all of Kids Health Australia’s intellectual property rights are expressly reserved.
Provision of medical or health related advice
The Site provides general information and discussion relating to children’s wellbeing. Nothing in the Site is intended to or should be construed as medical, or other health related, advice. If your child has a medical concern, you should consult with an appropriately registered medical practitioner or other healthcare professional.
Any advice contained in the Site is not intended as a substitute for advice from a registered medical practitioner or other healthcare professional.
To the fullest extent permitted by any applicable law, Kids Health Australia and its directors, officers, employees, agents, consultants and content providers exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, any of the content contained on the Site, whether or not caused by any negligent act or omission.
None of Kids Health Australia, its directors, officers, employees, agents and consultants make any representation or warranty as to the reliability, accuracy or completeness of the content contained on the Site (including in relation to any products or services) and none of them accept any responsibility (including negligence) for errors in, or omissions from, the content contained on the Site.
Use of the Site
In general, you must exercise judgment and responsibility with respect to your use of our Site. You may only access the Site for lawful, personal and non-commercial use in accordance with our Terms and Conditions. You may not use the Site to harm others. Without limiting the generality of the foregoing, you may not:
- use the Site in violation of any law or regulation governing Kids Health Australia’s business or activities, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity, spamming, and privacy;
- use the Site in a manner that presents a security risk or that may interfere with the operation of the Site;
- use the Site in a manner that infringes another person or entity’s copyrights, patents, trademarks, service marks, trade names, trade secrets, or other intellectual property rights, or rights of publicity;
- use the Site to engage in libel, defamation, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or
wrongful publication of private information;
- post or transmit any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic, profane material, hate speech, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- introduce viruses, Trojan horses, worms, or other computer programming routines that damage, interfere with, intercept, or expropriate any system, data, or personal information;
- use the Site to gain illegal or unauthorized access to other computers or networks through hacking or other means; or
- assist or permit any person to engage in any of the activities described above.
- You must take your own precautions to ensure that your process for accessing the Site does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Kids Health Australia takes no responsibility for any such damage which may arise in connection with your use of the Site.
- Kids Health Australia is not responsible for any error or omission on the Site and reserves the right to make changes without notice.
If you decide to become a forum user of our Site, you agree to provide us with true, accurate and complete information about yourself, and to maintain and promptly update your user information to keep it accurate. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Site. You agree not to assign, transfer or sublicense your rights as a forum user of the Site.
You expressly acknowledge and agree that Kids Health Australia does not control other users of the Site or the suppliers of goods or services to the Site and is therefore not liable for their opinion or their behaviour, including any content or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
Kids Health Australia reserves the right to monitor all chat forums and temporarily or permanently block any members it perceives to be posting offensive, defamatory or otherwise illegal content.
You agree not to use the Site to do, or attempt to do, any of the following:
- upload, post, email or otherwise transmit any Content or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, religiously, sexually or otherwise objectionable;
- harm, wrongly influence or threaten children in any way;
- impersonate any person or entity, including, but not limited to, a director, officer, employee, agent, consultant, content provider, or representative of Kids Health Australia or any other person or entity, or falsely state or otherwise misrepresent an affiliation with us or any other person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting or other materials transmitted to, on or through the Site;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the forum (or other portion of the Site) are able to type, or otherwise act in a manner that negatively affects other users’ ability to use the forum;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, terms, conditions or regulations of networks connected to the Site;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any law and/or regulations having the force of law;
- “Stalk” or otherwise harass another user of the Site, or content provider of Kids Health Australia; or
- collect or store personal data or attempt to collect or store personal data about other users of the Site.
Use of your Comments and Feedback
You confirm that you are at least 18 years of age or have permission of your legal guardian at the time of submitting any Comments. You warrant that the materials and details you submit are true and correct, you own or otherwise control all of the rights to your Comments including without limitation, all the right necessary for you to disclose, submit or offer to us your Comments or that any third party holder of any rights, has validly and irrevocably grantedto you the right to disclose, submit, or offer to us your Comments. You further warrant that each person referred to or depicted in any form in your Comments has consented to that reference or the use of that depiction. You may not upload Comments or otherwise transmit any unsolicited or unauthorized advertising or promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of commercial solicitation or promotion.
By agreeing to these Terms and Conditions you understand and agree to subscribe to and receive our newsletter.
You confirm that you are at least 18 years of age or have permission of your legal guardian at the time of submitting information and engaging with kids Health Australia in any way. You warrant that the materials and details you submit are true and correct, you own or otherwise control all of the rights to your Comments including without limitation, all the right necessary for you to disclose, submit or offer to us your Comments or that any third party holder of any rights, has validly and irrevocably grantedto you the right to disclose, submit, or offer
All prices listed on the Site are in Australian Dollars unless otherwise specified.
All prices listed on the Site include all applicable taxes unless otherwise specified.
- All prices displayed on the Site are subject to change without notice. Prices for items in an order are fixed once your order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed orders.
- If a discount code is entered at the checkout, it has the effect of applying a discount to the goods being ordered.
- You agree to pay delivery charges as they are calculated and listed in the order confirmation at the time of purchase.
- Free delivery offers are given at the sole discretion of Kids Health Australia and may incur additional charges for delivery to remote areas as defined by Kids Health Australia.
You may place an order by filling in the order form on the Site and clicking the “confirm” button. When you place your order, we will issue you with an order number. We will do this by email. By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions.
Orders will be deemed to have been received by Kids Health Australia at the time Kids Health Australia sends an order confirmation to your nominated email address.
Kids Health Australia will primarily communicate with customers via email. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated email address is regularly checked for correspondence.
Each order (once confirmed) represents a separate agreement.
Kids Health Australia reserves the right to not accept or to cancel orders that request commercial quantities of goods.
Kids Health Australia, at its sole discretion, may cancel your order at any time prior to dispatch of the goods, including products that are sold on pre-sale.
In the event of a cancelled order, funds paid in relation to that order will be refunded in full as soon as is reasonably practicable. You will be provided with email acknowledgement of the cancellation and refund.
Kids Health Australia reserves the right to at any time alter the specification in respect of the goods or services without giving notice to the customer, in the interest of continual improvement. An alternation does not entitle the customer to return products, cancel an order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
Kids Health Australia accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
Kids Health Australia currently accepts Visa/Mastercard and Direct Deposit via EFT. [ABL note: Please let us know how payments can be made on the Site. If there are additional payment methods, such as PayPal, we can make appropriate changes.]
Payment for orders will be processed immediately upon confirmation of your order, including for products that are listed as on pre-sale.
If your nominated payment method triggers Kids Health Australia’s internal suspect transaction protocols, Kids Health Australia may contact you to confirm additional details, or rescind the transaction.
Delivery and ownership of the goods
Kids Health Australia tries to ensure that all goods are delivered in a prompt and timely manner. However, from time to time it is possible that posting and other factors outside our control may result in delays. Kids Health Australia does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
Kids Health Australia is not responsible for the delivery times of goods. The estimated delivery time is an estimate only and is subject to change without notice.
Kids Health Australia will not dispatch goods to PO box addresses.
Title and risk in the goods pass to the customer on signing for delivery of the goods.
Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided.
Kids Health Australia’s nominated courier will endeavour to deliver goods during business hours (9am to 5pm, Monday to Friday).
Any information provided by Kids Health Australia to a customer in relation to delivery will be from a third party, and as such Kids Health Australia will not guarantee the accuracy of such information.
Refunds and Returns
If the goods ordered do not match their description on the Site please contact us within a reasonable time and provide your name, address and date of order, as well as a description of your concerns regarding the goods, so that we can address the issue. You should address your email to [[email protected]]
You must comply with directions from Kids Health Australia staff to facilitate a return.
It is your responsibility to ensure that returned items are returned safely. Kids Health Australia takes no responsibility for items lost in transit.
Entries to each competition will be judged according to the criteria set out in the details of that competition.
Kids Health Australia competitions are games of skill/creativity in which chance plays no part in determining the winners.
Prize winners will be notified through a Kids Health Australia booking confirmation email.
Kids Health Australia reserves the right to require prize winners to show proof of their identity, proof of membership with Kids Health Australia and/or proof of valid entry in order to claim the prize.
Prizes are described on the Site for the competition, including the retail price of the offer.
In order to enter a competition you must be a Kids Health Australia member.
Employees of Kids Health Australia and their immediate families are not eligible to enter any competition.
By submitting an entry to any Kids Health Australia competition entrants agree to be bound by these conditions. Kids Health Australia reserves the right to disqualify any entrant who it believes on reasonable grounds to have breached these conditions. You can enter Kids Health Australia competitions via the website. All times in these Terms and Conditions are in Australian Eastern Standard Time. The competitions will commence at their individual competition start time and will end at their individual competition end time. Each competition will specify the time period within which a prize will be distributed to the winner.