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Terms & Conditions


Terms of Use

Our main goal is to supply children with a safe learning environment that can be supervised and monitored by their parent or teachers. To register on this website as a "Parent" or "Teacher" you must be over 18 years of age. For security reasons we do not allow students to register directly on our site.

This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on any "Smartkiddies" website form the conditions of supply of material on, use of and access to those websites. Your continued use of this website constitutes an affirmative acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications. Smartkiddies may change, add, remove or replace any of these "Terms of Use" at any time. We recommend that you return here regularly to see if anything has changed. When we make a change to these terms we will put a note at the bottom of this page describing what the changes are and when they occurred. If you do not agree with these changes you should notify us by email so we can remove your registration from our system.


Privacy Policy

Smartkiddies" treats the personal information of users with the utmost respect and confidentiality and takes reasonable steps to ensure that your personal information is stored securely and accurately. You may access and change any of your personal information that we hold. Please refer to our privacy policy for further details.

All information obtained by registering and using Smartkiddies are governed by Smartkiddies's Privacy Policy. By allowing your child/students to use Smartkiddies you are agreeing with Smartkiddies's Privacy Policy. If you do not agree this, do not allow your child/student to use Smartkiddies.

Upon accepting these terms and conditions you agree that the personal information collected may also be used to promote and inform you of other Smartkiddies services, which may interest you. You may notify us at any time that you no longer wish to receive promotional material by emailing support@smartkiddies.com.au

Your personal information will never be provided to any third party for their marketing or promotional use.


Delivery Policy

Almost immediately upon registration users will receive a confirmation email with their username and password, this enables access to all areas of the site that their membership permits.


Warranties

Smartkiddies is provided 'As Is', and comes with no warranties, it may contain errors, defects and not be available on an uninterrupted basis. We do not promise that your access to our sites will be secure or uninterrupted. We will not be liable for any claim from you relying on the security or uninterrupted supply of material on or access to our sites. Smartkiddies cannot promise that the servers we use to make Smartkiddies available won't contain viruses or things that might harm your computer. Smartkiddies is not responsible for any loss or liability related to use of the website as a result of errors, omissions, down-time, misrepresentations or misunderstandings. Other than those implied warrenties that are not capable of exclusion.

Whilst the content and resources on the website are developed with the best intentions to assist students with their education, no guarantees are given to the effectiveness of the program or information.

Smartkiddies is not liable for any websites linking to or from Smartkiddies or products, websites or programs recommended by Smartkiddies.


Copyright and IP

All software, documentation, intellectual property and content accessed through Smartkiddies are owned by Smartkiddies and protected by Australian and international laws. Smartkiddies's affiliates and any subsidiary companies, and their licensors (collectively, 'we', 'us', or 'our') own all right, title and interest to Smartkiddies.

Material and software on these sites is copyright protected. It should be used only for your own personal or school use (non-commercial) and the material may not otherwise be used or copied without our prior written approval or the prior written approval of the person or corporation who owns it, a copy which approval you will provide to us if we request it.


Title

Your registration and use of Smartkiddies does not transfer title to Smartkiddies to you. The rights granted are limited and do not include any intellectual property rights. Smartkiddies retains full and complete title to Smartkiddies and all intellectual property rights therein.


Restrictions

On completion of registration Smartkiddies grants you non-exclusive use of the Smartkiddies website for non-commercial and personal or educational use only. You may not:



Refund Policy

No refund are given to users that pay after a trial period. Users that pay and register without a trial period will receive a refund if requested within 14 days of registration.

Street Trading Address
Farrell Rd Bulli, Wollongong
Customer Service Contact
Email: andy@smartkiddies.com


Secure Payment Processing

This website supports Secured Sockets Layer based transaction (SSL) from a browser to a level at least 128 bits.


Currency

All transactions on this site are in Australian Dollars.


Limited Liability

There are no circumstances in which Smartkiddies shall be liable for any personal injury, direct, indirect, incidental or consequential damages - including (but not limited to) loss of data, business interruption, loss or profits - under any legal system or regime, that result from the use, or inability to use Smartkiddies. The law applicable to you may or may not allow the exclusion or limitation of any liability or damages and may cause some parts of this policy to be inapplicable. Otherwise Smartkiddies and its related bodies corporate exclude all conditions and warranties that may be implied by law.

To the extent permitted by law, Smartkiddies' liability for breach of any implied warranty or condition which cannot be excluded is restricted, at Smartkiddies' option, to: in the case of services supplied or offered by Smartkiddies. The total liability Smartkiddies will have will be limited to (excluding negligence) the amount paid by you to Smartkiddies or A $10 - whichever is the lesser amount.

If you are unhappy with any aspect of Smartkiddies or these terms then your only remedy is to discontinue using any and all aspects of Smartkiddies. You will also need to notify us by email specifying your details and the email address originally used to create the account


Your conduct

As a condition of your use of , you warrant to Smartkiddies that you will not use Smartkiddies for any purpose that is unlawful or prohibited by these terms and conditions or any other terms, conditions or notices appearing anywhere on Smartkiddies websites. You agree to abide by all applicable laws and regulations. In particular, you agree not to:


Smartkiddies has no obligation to monitor any user's use of our sites, however Smartkiddies retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

By using "The Website", you agree to indemnify Smartkiddies if Smartkiddies or any of their related bodies corporate suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on Smartkiddies websites. You shall use your best efforts to help us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.


Governing Laws and Entirety

The laws of the state of New South Wales, Australia, govern these terms and conditions. All parties submit to the jurisdiction of the courts of New South Wales.. You agree that any action arising out of or relating to these terms shall be heard and adjudicated only in the courts of NSW. Should any provision of our terms be deemed void or unlawful, for any reason, or unenforceable, then that provision shall be deemed severable from these and shall not affect the enforceability or validity of any remaining provisions.


Termination

These Terms apply until terminated by either you, your educational institution or by Smartkiddies. Smartkiddies reserve the right, at our discretion, to terminate access to any or all of Smartkiddies and any related services at any time, without notice, to either an individual or group of users - including educational establishments and classes within these. This may include an automatic closure of all of your sub-accounts. If you are unhappy with any aspect of Smartkiddies or these terms then your only remedy is to discontinue using any and all aspects of Smartkiddies.


Definitions

Date Terms Issued, 21 Aug 2008 (GMT +10)