TERMS AND CONDITIONS (as of 2nd February 2021)

Please read these Terms and conditions of use (Terms) carefully before using the website at www.kiddiehood.com.au (Kiddiehood Website).

Acceptance of Terms

  1. The Kiddiehood Website is operated by Cheri Cunningham trading as Kiddiehood (ABN 85 090 411 203) (we/us/our).
  2. The Business means any person, Business entity or company accessing, viewing, using the Kiddiehood Website (you/your).
  3. By accessing, viewing and using the Kiddiehood Website, you agree to be bound by the Terms. 

Changes to Terms

4. We reserve the right to change these Terms at any time without any prior notice and you will be taken to have accepted any change by continuing to use the Kiddiehood Website.

Definitions

5. In these Terms:

    1. User Account means the account created when you create a username and password and provide additional requested information to the Kiddiehood Website in order to access content on the Kiddiehood Website and purchase a Listing;
    2. Listing means the Listing uploaded by a Business, advertising their child-friendly Business or Event. There are three main Listing types:
      1. Event Listing means the Listing uploaded by a Business, advertising their child-friendly Event;
      2. Place Listing means the Listing uploaded by a Business, advertising their child-friendly Place;
      3. Shop Listing means the Listing uploaded by a Business, advertising their child-friendly Shop;
    3. Category means the list of different Categories that a Listing can be uploaded in by a Business, advertising their child-friendly Business or Event. The Categories are specified on the Kiddiehood Website.
    4. Sub-category means the list that is a subdivision of a larger Listing Category.
    5. Listing Rules means the rules as set out in clause 34 below.
    6. Reviewing Rules means the rules as set out in clause 96 below.
    7. Services means the service we provide to Businesses to allow them to upload online Listings for their Business or Event.
    8. Advertisement Space means the space that is allocated for paid advertising in the form of Banners, Leaderboard and MREC advertisement.

Use of the Kiddiehood Website

6. You may access the Kiddiehood Website for the purposes of:

    1. establishing a User Account – Business Account or Customer Account;
    2. uploading a Listing to the Kiddiehood Website to promote a child-friendly Business or Event (you will require a Business Account to upload a Listing);
    3. browsing Listings;
    4. reviewing Listings (you will require a Customer Account or Business Account to review Listings);
    5. browsing the blog pages.

7. To establish a Customer Account, you will be required to provide your personal information, including your email address.

8. To establish a Business Account, you will be required to provide your personal information, including your email address. When posting a Listing you will be required to provide your full name, phone number and address.

9. You are solely responsible for maintaining the confidentiality of your password that you chose for your associated User Account.

Use of your User Account

10. There are two types of User Accounts on the Kiddiehood Website. Business Account and Customer Account.

11. You can change from a Business Account to a Customer Account at any time.

12. Your User Account (including the details of the username and password) may not be assigned or transferred to any other person or entity.

13. You may not permit any other person to use your User Account or provide them with the details of your User Account.

14. You must promptly inform us if you are aware of any breach, theft or loss of the details of your User Account or any unauthorised use of your User Account.

15. To register a User Account you must be at least 18 years of age.

16. You may not change your Username on the Kiddiehood Website.

17. When registering a User Account you agree that you will not:

    1. contravene any of the Listing Rules as contained in clause 34 below;
    2. contravene any of the Reviewing Rules as contained in clause 96 below;
    3. distribute viruses, spam or other malicious software
    4. deface or hack the Kiddiehood Website;
    5. copy, modify, or upload any other user’s Listings;
    6. collect any personal information about other users without their consent;
    7. interfere with the Services we provide users in any way.

18. If your Listing is in breach of one of the requirements in clause 34 and above, then we reserve the right to terminate your User Account.

19. If your Review is in breach of one of the requirements in clause 96 above, then we reserve the right to terminate your User Account.

Posting a Listing on Kiddiehood Website

20. You must create a Business Account to post a Listing on Kiddiehood Website.

21. Business Accounts must accurately represent that business.

22. All Listings on Kiddiehood will need to be approved by our admin team. The approval of Listings should be completed within 48 hours.

23. Businesses will be contacted via email when Listings are approved.

24. You may link your Event Listing to a Shop Listing or Place Listing if you are a representative of that Business.

25. All Listings have the option to be listed under two Categories. Sub-categories are classified as one Category.

26. ‘First Year For Free’ Listings will be active for 365 days, after which time your Listing will expire. You are able to re-list three days before the expiry date. ‘First Year For Free’ Listing can only be used once for either a ‘Place’ or ‘Shop’ Listing only.

27. ‘Standard’ Listings will be active for 365 days, after which time your Listing will expire. You are able to re-list three days before the expiry date.

28. ‘Featured’ Listings will be active for 90 days, after which time your Listing will expire. You are able to re-list three days before the expiry date.

29. Event Listings will be active for 30, 60 or 90 days, after which time your Listing will expire. You are able to re-list three days before the expiry date.

30. When promoting a Listing, promotions will be active for 14 days or 30 days; after that time they will revert back to the original Listing Type.

31. If your Listing is in breach of one of the requirements in clause 34 below, then we reserve the right to not approve your Listing.

32. When uploading an Event Listing it is the Business responsibility to keep the Listing up to date with any changes or cancellation of the event that is posted on Kiddiehood.

33. Expired Listings will be available for re-listing for a 12 month period, after that time the Listing will be deleted from the Kiddiehood Website.

Listing Rules

34. When registering a Business Account you agree that you will not upload any Listings that are:

    1. offensive, inappropriate, defamatory, obscene, threatening, or indecent;
    2. infringing upon the rights of any third party, including their intellectual property rights;
    3. false, misleading or deceptive, or likely to be misleading or deceptive;
    4. of counterfeit products, or products that are misleading or deceptive, or likely to mislead or deceive;
    5. not located in Victoria, unless your Business is an online shop that offers delivery to Victoria;
    6. Listings that are not child-related or child-friendly;
    7. a duplicate of a previous Listing;
    8. using images that have banners, posters, flyers or images with white backgrounds or text;
    9. using images that infringe copyright;
    10. under the wrong Category;
    11. not in English;
    12. of illegal items or recalled items (for items recalled in Australia, please visit: www.recalls.gov.au);
    13. discriminatory on the basis of religion, race, nationality, gender or sexuality

      (collectively referred to as the Listing Rules).

35. If your Listing is in breach of one or more of the Listing Rules, we reserve the right to not approve or delete the Listing and may terminate your User Account.

Reporting breaches of these Terms

36. To allow us to provide our Services to users we require that all users report any Listings that are in breach of the aforementioned Listing Rules or any of the Terms.

37. All Listings will include a “Report” button, and users should use it when appropriate so that the Listing will be brought to our attention for our review and if necessary, our immediate action to remove the Listing.

Intellectual property rights

38. All text, graphics, logos, icons, images, photographs and software that feature on the Kiddiehood Website are protected under Australian and International copyright laws.

39. When you upload any material, including images of your Business or Event, on the Kiddiehood Website, you grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free licence to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that material or content in any media whether now known or to be discovered.

40. When you upload any material, including images of your Business or Event, on the Kiddiehood Website, you waive all moral rights you have in the material or content to the fullest extent permitted by law.

41. We provide you with a limited non-assignable and non-exclusive licence to view onscreen the content advertisements of a particular Business or Event.

42. Except as specified in clause 41 above, you may not in any form or by any means adapt, reproduce, download, store, create derivative works, distribute, print, display, perform, publish or commercialise any materials obtained from any part of the Kiddiehood Website.

43. You may not, without our written permission, on-sell any information obtained from the Kiddiehood Website, use any data mining robots, other extraction tools, metatags or mirror the Kiddiehood Website.

Use of Discount Codes

44. From time to time the Kiddiehood Website may run special promotions by providing Discount codes for Listings.

45. Discount codes are only available for a limited amount of time, as advised by the Kiddiehood Website.

46. We reserve the right to change the Discount codes at any time without notice to you.

47. Discount codes are not valid for cash.

48. Discount codes are non-transferable.

49. You can only use the redemption Discount code once unless otherwise stated.

50. Discount codes may not be combined with any other promotion.

51. To redeem a discount code, you must enter the discount code at the checkout.

52. You can only use one Discount code per Listing.

Payment

53. We do offer Businesses one free ‘Place’ or ‘Shop’ Listing valid for 365 days. All other Listings are charged a fee.

54. We do at times offer Businesses the option to pay a fee for Priority Listings for their Business or Event (Promoted Listing)

55. For payment of all Listings types, we accept payment through the use of STRIPE.

56. For payment of Advertisement Space on Kiddiehood, we accept payment through the use of STRIPE.

57. You may change your Listing type at any time; there is no refund for the outstanding time left on the current Listing type. You will be charged the full amount of the new Listing type.

58. We reserve the right to change our mode of payment at any time.

59. To the extent permitted by law, we will not be held liable and responsible for any damages or consequential loss (whether direct or indirect) suffered by you as a result of any credit card fraud or unauthorised access to a Stripe account.

60. We will not be held liable or responsible for any additional charges imposed by your credit card provider or bank, especially in the case where your purchase involves foreign exchange transactions.

61. If you have purchased a ‘Place’ or ‘Shop’ Listing from the Kiddiehood Website, you can request a refund of the Listing amount within 14 days of the purchase date. The refund excludes STRIPE transaction fees paid at the time of purchase. After 14 days from the purchase date, no refunds will be granted.

62. If you have purchased an ‘Event’ Listing from the Kiddiehood Website, you can request a refund of the Listing amount within 7 days of the purchase date. The refund excludes STRIPE transaction fees paid at the time of purchase. After 7 days from the purchase date, no refunds will be granted.

63. If you have purchased a Priority Listing (Promoted Listing) from the Kiddiehood Website and you have a change of mind, you can request a refund of the promoted amount within 3 days of the purchase date. The refund excludes STRIPE transaction fees paid at the time of purchase. After 3 days from the purchase date, no refunds will be granted.

Prices, GST and taxes

64. All prices for Listings and Advertisement Space on Kiddiehood Website are listed in Australian Dollars and they include GST (where applicable).

65. By clicking on the “Place Order” button on the checkout page, you agree to pay the stated price in Australian Dollars for all items. You agree to pay any additional charges or taxes incurred if applicable.

66. We reserve the right to change the price of our Priority Listings, Listings and Advertisement Space fees at any time without notice to you.

Disclaimer

67. Any information on the Kiddiehood Website is not intended to be tailored medical or professional information or advice in relation to the care of your baby, toddler or child and we do not accept any liability for any error or omission resulting in any injury, expense, loss or damage incurred by you or another party as a result of using the Kiddiehood Website.

68. We do not accept responsibility for any loss or damage, however, caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Kiddiehood Website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, the information contained on or accessed through the Kiddiehood Website.

69. We do not make any representations, warranties or guarantees whatsoever as to the accuracy, adequacy, reliability, completeness, suitability, quality or applicability of the information in the Business Listings and Event Listings.

70. We do not accept liability for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent Listings, or material of any kind which infringes upon the rights of any individual, or entity, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability.

71. We accept no responsibility for any changes to information on all our Listings and the cancellation of Events on Kiddiehood Website.

72. While we make every reasonable effort to ensure that the Kiddiehood Website is available at all times, we cannot guarantee 100% website uptime. The Kiddiehood Website must be bought down at times for scheduled maintenance and upgrades. We may experience a high volume of visitors at certain times. In the unlikely event that you will not be able to access the website during that period, please note that we would endeavour to restore access to the website in a timely manner, and further, are not responsible for any losses or damage that could arise as a result of your inability to access the Kiddiehood Website. The Kiddiehood Website may also be unavailable due to traffic conditions on the Internet or due to a hardware or software component failure or due to an event that is entirely out of our control. While we will endeavour to restore access to the website in a timely manner, we would not be responsible for any kind of losses that may arise due to any downtime.

73. In the event that the Kiddiehood Website is down for an extended period of time, for users who have paid Listings, we will endeavour to take all reasonable steps to extend the period that your Listing is live by the corresponding time that the Kiddiehood Website was unavailable.

Kiddiehood articles and blog posts

74. The Kiddiehood Website will at times feature articles and blog posts submitted both by us and guest bloggers.

75. These articles and blog posts are not intended to be tailored medical or professional information or advice in relation to the care of your baby, toddler, child or adult and we do not accept any liability for any error or omission resulting in any injury expense, loss or damage incurred by you or another party as a result of relying on the articles and blog posts in any way.

76. You acknowledge that it is your responsibility to check the up to date details before entering into any commitment or taking any further action based on our content.  We accept no responsibility for changes or cancellation of Events or Businesses.

77. The Kiddiehood website may upload ‘Sponsored’ blog posts, these posts will be labelled as ‘Sponsored’.

Competitions on the Kiddiehood Website

78. The Kiddiehood Website may at times run competitions via their blog pages and Facebook account.

79. The winner is notified by messenger on Facebook and must claim their prize within 48 hours. Any prizes that are not claimed within 48 hours may be reallocated to another winner. 

80. Competitions are open to Australian Residents only.

81. The competition prize is non-transferable.

82. In the event that Kiddiehood postpones, cancels or varies the competition prize, Kiddiehood will not be liable to any person for any loss, damage or personal injury suffered or sustained as a result of entering the competition. While Kiddiehood takes care to ensure all information relating to the Competition is correct, it does not warrant the accuracy of all information provided and will not be liable for any inaccuracy or error. 

Advertisement Space on the Kiddiehood Website

83. By booking an Advertisement Space (Banner, Leaderboard or MREC) on Kiddiehood, the Business assumes sole responsibility for any breach of the rights or entitlements of others, copyright infringement, unauthorised use of any material, anti-discrimination legislation or any other law.

84. Cancellation of Advertisement Space (Banner, Leaderboard or MREC) on Kiddiehood will only be accepted 7 days prior to being uploaded to Kiddiehood or the advertisement fee may be charged in full.

85. Kiddiehood reserves the right to refuse or withdraw advertising at any time without providing reasons if they deem it inappropriate or otherwise. Any charges for advertising not uploaded due to Kiddiehood withdrawal will be refunded.

86. Once the Advertisement is live on the Kiddiehood Website, we do not offer refunds.

87. Advertising rates are subject to change.

Reviews on the Kiddiehood Website

88. Account Users have the opportunity to leave reviews on any Listings posted on the Kiddiehood Website. You can find the ‘leave a review button’ on the top half of each Listing. You must be logged in to leave a review.

89. All reviews display your User Name, date and review.

90. On request from the Account User reviews can be deleted by the admin team from the Kiddiehood Website.

91. All reviews will need to be approved by our admin team before going live on the Kiddiehood Website.

92. Account User may edit the review at any time by clicking the ‘update review’ button, the edited review will need to be approved by the admin team from the Kiddiehood Website.

93. The Account User name and review will be emailed to the owner of the Listing (Business). Be sure to keep your email address up-to-date, we are not responsible for missed email notifications to Listings owners.

94. Businesses have the opportunity to read and respond to reviews on the Kiddiehood Website. If a Business is unhappy with the review they may contact Kiddiehood to discuss.

95. If your Review is in breach of one of the requirements in clause 96 below, then we reserve the right to not approve your review.

Reviewing Rules

96. When leaving a Review for a Business or Event you agree to the following guidelines:

    1. must not be offensive, inappropriate, defamatory, obscene, threatening, or indecent;
    2. must not be discriminatory on the basis of religion, race, nationality, gender or sexuality;
    3. must not be false, misleading or deceptive, or likely to be misleading or deceptive;
    4. must be in English;
    5. must not be promotional;
    6. must not be a duplicate of another review that has been posted on another website;
    7. must not be a competitor of the Business being reviewed;
    8. must be over the age of 18 years of age;
    9. must not be a family, friend or other relation of the Business owner;
    10. must not be paid for reviewing the Business;
    11. must not impact on the privacy of others;

(collectively referred to as the Reviewing Rules).

97. If your Review is in breach of one or more of the Reviewing Rules, we reserve the right to not approve the Review and may terminate your User Account.

Indemnity

98. You agree to fully indemnify and hold harmless us and our respective officers, directors, agents and employees against any loss (either direct or indirect), damage or expense whatsoever which we may suffer or incur in respect of any breach by you of the provisions of these Terms and any violation by you of any applicable laws or regulations.

99. You agree to fully indemnify and hold harmless us and our respective officers, directors, agents and employees against any loss (either direct or indirect), damage or expense whatsoever which we may suffer or incur arising from or relating to your use of our Services.

100. You release us and our respective officers, directors, agents and employees from any and all claims, demands, damages (actual and consequential) of every kind and nature, whether known or unknown, arising out of any disputes between you and other Kiddiehood Website users.

Termination of User Account

101. We reserve the right to refuse access to the Kiddiehood Website or the Listings to anyone should we believe that the Kiddiehood Website or the Listings have been or are being used for any unlawful purpose, and to take any further action as permitted by law.

102. In particular, we may terminate a User Account immediately should a party breach one of these Terms.

103. Should your User Account become terminated, you will remain liable for all liabilities that may have arisen or arise from your User Account and/or the termination thereof.

Australian Consumer Law

104. We cannot guarantee the accuracy of the Listing or the quality of the Business, Event or products.

105. If the goods or services (as defined in the Australian Consumer Law) our Businesses supply to you are not of acceptable quality, you may have rights under:

a. Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law); and/or

b. other consumer laws applying in each Australian State or Territory.

106. If there are any issues with your products, Event or Business, we recommend in the first instance you discuss with the Business.

107. We also invite you to notify us of any issues in relation to the provision of the products or Businesses as soon as possible by emailing us at [email protected]

Software updates

108. The software that you use to access the Kiddiehood Website may automatically download and install updates from time to time from us. These updates are designed to improve, enhance and further develop the Listings and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Listings.

Details you provide us with

109. It is your responsibility to ensure that the information you provide, including your name, contact numbers, email address and address is correct, so please check any details carefully before submitting a Listing with us, or creating a User Account.

110. You acknowledge and agree that we will not be responsible for any loss or damage that you may suffer as a result of you providing incorrect information to us including your name, contact phone numbers, email addresses or addresses.

Subscription

111. From time to time, we may email you advance notice of new Listings available on the Kiddiehood Website and other news. The email addresses we collect are only used internally for the purposes as stated above.

112. Users will have the option to stop receiving our marketing material and communications by deactivating this option by unsubscribing at the bottom of the emails sent to you.

113. We respect your privacy rights and will not sell or rent your email address to other companies. If you would like to be removed from our email list you can do so by unsubscribing at the bottom of the emails sent to you.

Social Media

114. We may from time to time operate and manage social media accounts on Facebook, Instagram and Pinterest or other social media channels in future.

115. Please note that we do not endorse the opinions expressed by the users on our social media pages. By submitting content, you agree that we may use and reproduce this content including your name, for testimonials or other purposes in any media and without any compensation to you. Any content you submit must be your original work.

116. You must not post any material that is defamatory, derogatory, racist, sexist, unlawful, obscene, infringing any third party’s intellectual property rights, breaching someone else’s confidentiality or privacy, misrepresenting your relationship with us or the Kiddiehood Website, misleading, false or deceptive on our social media pages. We reserve the right to edit or remove content that violates these Terms and to block your access to our page.

117. From time to time, we may use our social media account to advertise certain Listings and other material in relation to the Kiddiehood Website.

118. We may upload ‘Sponsored’ posts on our Social Media accounts.

Testimonials

119. From time to time we may publish testimonials on the Kiddiehood Website but you acknowledge and agree that this does not constitute a guarantee or warranty relating to us or the products, but instead represent the experience of individual consumers.

Links to third party Websites

120. The Kiddiehood Website may contain links to other websites that are operated by third parties.

121. Unless stated otherwise, the Kiddiehood Website does not control, endorse, sponsor or approve such third-party websites or their content, nor are we liable and responsible for any loss or damage that you may suffer as a result of your visits to any third party websites.

Interference with this Website

122. You agree not to make or attempt to modify, hack, remove, deface, add or otherwise interfere with the Kiddiehood Website or to any material or content posted on the Kiddiehood Website.

Privacy

123. For our privacy and policy statement, please refer to our Privacy Policy.

Governing law

124. These Terms are governed by the laws of the State of Victoria, Australia.

Events which are out of our control

125. We shall not be held liable and responsible for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.

General provision

126. If we do not take action against you with respect to any breach by you of these Terms, this does not mean that we have waived our rights to take action with respect to subsequent or similar breaches.

127. Furthermore, if any part of these Terms is found to be void, unlawful or unenforceable for any reason, that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining clauses.


Last updated on 2nd February 2021