Terms and Conditions

1. Your Agreement with Activities4KIDS.

These terms and conditions constitute your agreement (the “Agreement”) with EAGA Family trust trading as “Activities4KIDS” ABN 25 913 687 012(“A4K”) in relation to your submission of information and material concerning your goods or services (the “Material”) to the Activities4KIDS website (the “Website”), A4K’s posting of the Material on the Website, your access to the Website, and your communications with other users of the Website. By updating details on our system, you accept all of the terms and conditions contained in this Agreement. A4K may amend the Agreement from time-to-time by providing you with notice in writing. You will be deemed to have agreed to any amendments so notified to you if you continue to use the Website after receiving notice of the amendments. This Agreement will prevail to the extent of any inconsistency with the terms and conditions of any document issued by you.

2. Payment

You will pay such charges as may be agreed between you and A4K from time-to-time for A4K to post the Material on the Website. Our terms are 7 days.

3. Licence

You grant A4K a non-exclusive licence to communicate the Material to the public on-line or via the internet. A4K’s licence of the Material will expire on termination or expiry of this Agreement, although A4K will be entitled after termination to retain contact and listing information previously provided by you. A4K asks that whatever contact information you list is as up to date as possible and request that you visit your A4K page at least monthly to ensure validity.

4. Warranties and Indemnity

A4K and the users of the Website rely on the information and Material provided by you. As a provider to the Website, you must be a legitimate activity provider and register all details on the Website. You warrant to A4K that:

(a) you own all the rights in the Material;
(b) the Material is not misleading or deceptive, and does not constitute a passing off;
(c) the Material is not threatening, abusive, defamatory, offensive or obscene;
(d) the Material is not illegal and does not infringe the rights of any third party anywhere in the world;
(e) contains no corrupted files, viruses or other harmful components, or programs or material which may damage the operation of A4K’s or any other person’s computer system; and
(f) on approval and receipt of your password, you will not divulge to any other party your username or password unless they are part of you organisation and have authority to enter our site.

You agree to indemnify A4K and keep A4K indemnified against all damage, loss, claims or demands made against A4K by reason of any breach of this Agreement by you or any breach of a condition or warranty of this Agreement by you. Without limiting its rights, A4K may in its discretion and from time-to-time remove any Material from the Website, or refuse to post any Material to the Website, or deregister you and prevent access to the Website, if you are in breach of any of the foregoing.

5. Exclusion of Warranties and Limitations of Liability by A4K

A4K is not liable to you or any other person in any circumstances for indirect, consequential or incidental damages or expenses of any kind (including, without limitation, loss of profits or other incidental or consequential damages) arising from or relating to the Website, any content contained on the Website at any time, or the Material. A4K makes no warranty or representation in relation to the Website, A4K’s services, or any goods or services offered on or through the Website. Without limiting the foregoing, A4K makes no warranty that access to the Website will be uninterrupted or error-free. Your use of the Website is at your own risk. All statutory and other warranties, promises or representations however made or given, whether express or implied, as to the state, quality or merchantability of the Website, or the fitness for use of the Website, are expressly negatived and excluded to the fullest extent allowed by law.

6. Provisions which cannot be excluded

This Agreement will not be read or applied so as to purport to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of Part V of the Trade Practices Act, 1974 or Part VIII of the Sale of Goods Act 1923 (NSW) or of any other statute, act or law of any State or Territory of the Commonwealth of Australia which by law cannot be excluded, restricted or modified. Without prejudice to any of the foregoing, if A4K incurs a liability to you under such legislation, the liability of A4K is limited to the supply of equivalent goods or services, or the payment of the costs of supplying equivalent goods or services.

7.Intellectual Property Ownership
A4K is the owner throughout the world of all rights in:
(a) the Website, including without limitation the copyright in:
(i) any and all software or databases associated with, or maintained in connection with the Website; and
(ii) the content of the Website as a whole, and
(b) the name ACTIVITIES4KIDS.
Information and material submitted by other providers and posted on the Website may be the property of those respective providers. You acknowledge and agree that you take no interest of any kind in any of the intellectual property referred to in this paragraph 7.