Terms and Conditions

WEBSITE

Terms and conditions of use

These terms and conditions govern your use of this website and should be read in conjunction with our Privacy Policy. By using this website you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions of Use (Terms) and the Privacy Policy. Do not use this website if you do not agree to the Terms or the Privacy Policy.

This website is managed by Kids At Max Pty Ltd (ABN 17 169 966 241), with its registered office at 689 Centre Road, Bentleigh East, Victoria 3165. If you have any questions or comments regarding this website, please email us at info@kidsatmax.com.au.

Accessing our website

Kids At Max makes every effort to ensure that this website is available at all times. However, Kids At Max will not be liable if for any reason this website or any aspect of it is unavailable at any time or for any period. Access to this website may be taken offline temporarily and without notice in the case of any system issues, maintenance, repairs or for reasons outside of our control.

Your access to this website and your ability to engage in all or certain areas of this website may be withdrawn, amended or terminated by Kids At Max at any time without notice and without any liability. Any limitations on the Kids At Max liability will survive such termination.

Kids At Max do not accept any responsibility for any technical issues, deletion, interruption, errors, omission, operational or transmission delays, virus, bugs, theft, destruction or unauthorised access to this website. Additionally, Kids At Max does not accept any responsibility for any injury or damage to any person/entities computer, related to the use of this website which includes any uploaded material or downloading of any software or material, where permitted, from this website. Any costs associated with accessing this website are your responsibility.

Applicable law

This website is designed and constructed for use by an Australian audience. This agreement is governed by the laws of Victoria, Australia and you consent to the non-exclusive jurisdiction and venue of courts in Victoria, Australia in any and all disputes arising out of or relating to the use of this website.

Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to cease using this website. If you do access this website outside of Australia, you do so at your own risk and are responsible for complying with the laws in each place where you access the website.

If any provision of the Terms is found to be unlawful, void or for any other reason unenforceable then that provision shall be then invalid or unenforceable and will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, or otherwise deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Kids At Max failure to exercise or enforce any rights or any provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Kids At Max in writing.

Disclaimer

Whilst we make every effort to ensure the accuracy of all content on or available through this website, to the extent permitted by law, Kids At Max assumes no legal liability for and does not warrant that the information contained on this website is accurate or complete, or that the website pages will be free from errors, or that the websites availability will be uninterrupted.

You specifically acknowledge and agree that your use of this website and services found on this website are at your own risk. Anything available via this website may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via the website.

Kids At Max website content is provided for information and educational purposes only and does not replace the need for specific advice relevant to your particular circumstances. You acknowledge and agree that no information or advice provided on or available through our website constitutes medical, legal or financial advice or advice of any other regulated industry or creates a warranty of any kind. This website is not intended to be a substitute for professional medical, mental health or specialist advice or for diagnosis or treatment. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation. You acknowledge that you should not disregard professional medical, mental health or specialist advice or delay seeking it because of information found on this website.

Blog postings

To make comments on our blog you may need to register and create a user profile. To register you will need to provide some personal information such as your name and email address. If you do not want to provide these details you will only be able to read our blogs.

If you make a comment on a blog, you are liable for the content of these posts. By posting a comment or question on the Kids At Max website you agree that you may be disclosing personal information and in doing so indemnify Kids At Max for any claim, loss or damage arising from such a post. We reserve the right to remove any material posted on blogs that is considered harmful or dangerous, and to cancel a registration and participation in the blog if these Terms and Conditions are disregarded. We take no responsibility or accept any liability arising from the contents of any such postings nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such posting.

If you read or make a comment on our blog, then you agree to the following:

  • The blog is not a source of professional advice or support – emergency or otherwise. If you are in need of special assistance or are experiencing personal difficulties you must discuss these with a healthcare professional.
  • No advertising is allowed. The blog does not operate to promote private or commercial interests; it has been created to provide general information around topics of interest.
  • Be respectful. Show respect to all users and do not be abusive, rude or dismissive of others’ viewpoints. You may have strong feelings about a topic, but they must be expressed in a way that does not put others down. This includes respect for their race, religion, political views, and other beliefs. Do not post falsehoods or misrepresentations that could damage us or any third party.
  • Do not impersonate others. You may use an internet name or alias but not impersonate another person.
  • No swearing.
  • Do not post material belonging to a third party. This includes words, images, video and sounds.
  • Do not post copyrighted material, or material you have copied from another source.
  • Do not breach copyright, or use material belonging to a third party.
  • Do not give out personal information such as phone number, address or credit card details on the blog.
  • Don’t discuss, promote or plan anything illegal on the blog.
  • Kids At Max will omit any material it determines to be in bad taste or offensive to others or in any way contrary to law.
  • You are prohibited from posting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law.

Blog postings may be used by us from time to time. In consideration for permitting you to access and use information on this website, posting on a blog gives us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to reproduce, communicate, re-publish, edit, adapt or otherwise use postings as we see fit.

You also give us a licence to deal with the postings as necessary to perform technical, content and administrative functions in running our blog. This includes any ‘moral rights’ you may have, therefore you consent to us editing, modifying or adapting your postings, or combining them with other works or postings to be used at our discretion as part of these above licenses whether or not you are attributed as the author of the postings.

Intellectual property

Kids At Max name, logo, corporate symbols and trademarks are the sole property of Kids At Max, and no permission is given in respect of their use. This website and its contents are protected by applicable copyright laws and other intellectual property rights. Unless otherwise indicated as between Kids At Max and the user of this website, Kids At Max is the owner of the copyright and all other intellectual property rights in this website and its contents. No part of this website may be reproduced, modified, copied or used for any commercial purpose without the prior written permission of Kids At Max. Use of the content otherwise than in accordance with these Terms may expose you to claims for infringement of our intellectual property rights and/or the rights of third parties.

To seek permission to reproduce Kids At Max intellectual property, please email info@kidsatmax.com.au.

Limitation of liability

You acknowledge that by using this website, you assume all responsibility and risk for all use of this website. Kids At Max provides this website without warranty or guarantee. To the extent permissible by law, Kids At Max excludes all liability and responsibility for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with your access to or use of this website, or reliance on the website, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the website (whether negligent or not), except that nothing affects any liability of Kids At Max which may not be excluded or limited by law.

Linking to this website

You may link to this website provided you do so in a way that is fair and legal and does not damage Kids At Max reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement by Kids At Max. You must not alter any of this websites content or frame or reformat any content or material available on or through this website on any other website. We reserve the right to withdraw linking permission without notice.

Links from this website

Kids At Max is not responsible for and makes no representations concerning the condition and content of, or products offered at, third party websites. A link does not indicate, expressly or impliedly, that Kids At Max endorses the third party website or the products or services offered there. You access a third party website and its products or services are at your own risk.

Using our website

This website and all the information it contains is not a substitute for professional consultation with a qualified practitioner. The information provided on this website is general in nature and not specific to your circumstance. You should not act on the basis of any information contained in this website without first consulting a qualified practitioner to get advice specific to your circumstances. We endeavour to provide accurate and current information as of the date the information is placed on the website. We give no assurance or warranty that information on this website is current and take no responsibility for matters arising from changed circumstances or other information which may affect the accuracy or currency of information on this website.

You may use this website for lawful purposes only. You may not use this website:

  • in any way that breaches any applicable local, national or international law or regulation
  • in any way that infringes the rights of any other person
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
  • to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
© 2017 Kids At Max