Terms of Service (“Terms”) Last updated: 7th June, 2017
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://www.parentingsocial101.com.au website (the “Service”) operated by Parenting Social 101 (“us”, “we”, or “our”). By using the h the http://www.parentingsocial101.com.au Web Site, you agree to be bound by these Terms and Conditions which constitute a contract between you and Parenting Social 101 Pty Limited (A.C.N 600 803 889) of Po Box 7211, Hall Street, Bondi Beach, NSW, 2026, Australia.
If you do not agree to all of the provisions contained in these Terms and Conditions, DO NOT use the http://www.parentingsocial101.com.au Web Site. We reserve the right to revise and update these Terms and Conditions at any time. Please periodically review these Terms and Conditions. Your continued use of the http://www.parentingsocial101.com.au Web Site constitutes your acceptance of and agreement to any revised Terms and Conditions.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
This Website is provided solely to assist customers in gathering information, posting opinions, and searching for family friendly places to go, parent friendly information to view, fun activities to participate in and other parent focused content, and for no other purposes.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Parenting Social 101 cancels it. You may cancel your Subscription renewal by contacting Parenting Social 101 customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Parenting Social 101 with accurate and complete billing information including full name, address, state, postcode, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise Parenting Social 101 to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Parenting Social 101 will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Parenting Social 101 may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Parenting Social 101 until the Free Trial has expired, or until your Free Trial has been ended early at your discretion. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Parenting Social 101 reserves the right to:
i. modify the terms and conditions of the Free Trial offer, or
ii. cancel such Free Trial offer.
iii. any computer viruses, macro viruses, trojan horses, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or
iv. any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
v. may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired or
vi. violates or infringes the rights of any person, firm or company (including, but not limited to, intellectual property rights, rights of confidentiality or rights of privacy);
vii. the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and
viii. that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
ix. your access to or use of or inability to access or use the Service;
x. any conduct or content of any third party on the Service;
xi. any content obtained from the Service; and
xii. unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
xiii. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
xiv. any loss of goodwill or reputation; or
xv. loss of data or use of data
Parenting Social 101, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Parenting Social 101 will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by Parenting Social 101 on a case-by-case basis and granted in sole discretion of Parenting Social 101.
You must not:
(a) use the Website (or any part of it) for any illegal purpose and you shall use it in accordance with all relevant laws;
(b) upload or transmit through the Website (whether by way of User Submission or otherwise):
(c) use the Website in a manner which;
(d) create or publish a hypertext link to any part of the Website or attempt any unauthorised access to any part or component of the Website;
(e) copy or distribute any part of the Website in any medium without our prior written consent; and
(f) alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that:
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
Parenting Social 101 has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Service is the property of Parenting Social 101 or used with permission.
You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
You are to advise Parenting Social 101 immediately if you have any objections or complaints to any content or material, including but not limited to user messages/reviews posted on http://www.parentingsocial101.com.au website. Please notify us immediately if it is believed that any content or material posted on http://www.parentingsocial101.com.au website infringes on any copyright.
Reviews and User Submissions
We may now or in the future allow the submission to the Website of videos and/or other communications or materials by users of the Website (collectively "User Submissions").
User Submissions must comply at all times with these Terms and with any separate terms and conditions relating to such User Submissions that we may publish on the Website from time to time.
A review is your description of the experience you had with family, friends, loved ones or on your own at, and not limited to a restaurant, event, bar, venue, attraction or exhibition. We encourage reviews that are informative, entertaining and helpful for others and an explanation of what you enjoyed or didn’t.
By submitting a User Submission review to the Website you agree that the review is based on your own experience and is your genuine opinion, that you have no personal or business relationship with what you are reviewing and have not been offered any incentive or payment to write your review.
You agree that you understand that Parenting Social 101 has a zero-tolerance policy on fake reviews. By submitting User Submissions to the Website you hereby grant:
(a) to Parenting Social 101 a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive license and right to use, reproduce, share, copy, modify, publish, edit, translate, reformat, host, aggregate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees.; and
(b) to each user of the Website, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, licence to access the User Submissions through the Website.
By submitting User Submissions to the Website you warrant, represent and undertake to us that you have full power and authority to grant the rights and licences relating to the User Submissions set out in this Agreement and of the User Submissions you submit:
(i) do not infringe any third party's intellectual property rights (including without limitation copyright and/or trademarks), other proprietary rights or rights of publicity or privacy; and;
(ii) do not violate any law, statute, ordinance or regulation; and
(iii) are not defamatory, libelous, unlawfully threatening or unlawfully harassing; and
(iv) are not obscene or pornographic; and
(v) do not violate any laws regarding unfair competition, anti-discrimination or false advertising
(vi) do not include e-mail addresses, urls or phone numbers
(vii) are not a report of someone else's experience
We encourage you to share your opinion about a feature we’ve written or a review that has been written by us or by one of our users. We like comments that are your view of another’s opinion and are constructive - be that agreeing or disagreeing.
We rely on both our reviews and other users reviews when looking for inspiration and how to get the best out of the city. Helpful reviews and comments should be:
a) User-friendly – No profanity, threats, prejudiced comments, hate speech, sexually explicit language, or other content that is not appropriate for other users
b) Those that detail first-hand experiences.
c) Unique and Independent – You should write one review on any given event, restaurant, or attraction.
d) Original – No substantially quoted material from other sources, including (but not limited to) websites, e-mail correspondence, other reviews, etc.
e) Non-commercial - No promotional material of any kind, including self-promotional URLs. We reserve the right to reject any URL, e-mail address, or phone number for any reason.
f) Submitted by persons over the age of 18.
g) Submitted with a valid e-mail address.
h) Submitted with no HTML tags and no excessive ALL CAPS, slang, or typographic symbols.
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities or any infringement of any other intellectual property rights on the Website. We reserve the right to remove the User Submissions without notice for any reason in our absolute discretion, including, without limitation, breach of the User Submission Conditions and/or breach of any intellectual property rights.
Parenting Social 101 allows the management or representatives of events, venues, restaurants or attractions to respond to reviews written by users on the Parenting Social 101 site and these should be identified by your user account. Parenting Social 101 reserves the right to remove a review or management response at any time for any reason.
If you believe any of the User Submissions on the Website are inaccurate, offensive, indecent, objectionable or infringe any intellectual property rights please contact us.
You acknowledge that when using the Website, you may be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Parenting Social 101 and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Parenting Social 101.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Parenting Social 101.
Parenting Social 101 has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Parenting Social 101 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Parenting Social 101, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of;
a) your use and access of the Service, by you or any person using your account and password;
b) a breach of these Terms, or
c) Content posted on the Service.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the terms by you or any other liabilities incurred by us arising out of your use of the website (including without limitation, in relation to User Submissions), or use by any other person accessing the website using your pc or internet access account.
Limitation Of Liability
In no event shall Parenting Social 101, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from;
The third party suppliers providing content information or other services on Parenting Social 101 website are not agents or employees of Parenting Social 101 and act as independent reviewers or independent subcontractors. Parenting Social 101 is not liable for the errors, acts, representations, omissions, breaches, warranties or and not limited to negligence of any such suppliers. Parenting Social 101 is not liable for any death, property damage, personal injuries or expenses resulting from of any such suppliers.
You agree and accept that we will not be liable in contract, tort (including, without limitation, negligence) or otherwise.
We do not guarantee the accuracy of information, descriptions, content or products displayed on this website, and to the maximum extent permitted by applicable law disclaim all liability for any errors or other inaccuracies relating to the content of Parenting Social 101 website. This includes and without limitation to listing locations, pricing, service offering, rating, reviews, amenities, descriptions or any content relating to other businesses listed on the Parenting Social 101 website.
We do not guarantee and without limitation that Parenting Social 101 website, and emails sent or its servers, are free of viruses or other harmful components.
If Parenting Social 101 is found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then Parenting Social 101 companies’ liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to Parenting Social 101 for the transaction(s) on this Website giving rise to the claim, or (b) Two-Hundred Dollars (AUD $200.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Parenting Social 101.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Parenting Social 101 its subsidiaries, affiliates, and its directors do not warrant that;
a) the Service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed and interpreted in accordance with the laws of each state, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.
If you have any questions about these Terms, please contact us.