Website User Agreement

Last Updated: April 2018.

Agreement

This Website User Agreement (“Agreement”) governs the use of the website www.thenannyshare.com.au (“Website”) by all visitors to the Website (“User”).  The Website is owned by Kennedypeck Enterprises Pty Ltd t/a TheNannyShare (ABN 50 622 084 413) (“the Owner” “us” “we” “our”).  This Agreement may be amended from time to time at the Owner’s discretion and without prior notice to you, so we recommend that you revisit this page when you visit the Website.

User Representations and Warranties

Users agree to use the Website in accordance with this Agreement, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to the Owner.  Users agree that you will not use the Website in a way that is fraudulent, unlawful, invasive of another’s privacy; infringes the intellectual or other proprietary interests of third parties; contains viruses or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment; or encourages or incites any other person to engage in any of the above behaviour.

Users also agree that you will not use technology or other means that is not authorised by the Owner to access the Website; use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Website; gain or attempt to gain unauthorised access to the Website including the networks or user accounts; or attempt to or engage in conduct that damages, disables, overburdens, or impairs the Website, servers or networks.

Limited Liability

Without limiting the operation of the Australian Consumer Law, the Owner excludes all conditions, warranties, terms and guarantees otherwise implied by law.  Users use the Website at your own risk and the Owner is not liable for any misuse of the Website by a User.  The Owner is not liable to pay for any indirect, economic, special or consequential loss or damage including but not limited to loss of revenue, profit, production, business or claims made against it arising from the use of the Website.

Indemnity

Users agree to indemnify keep the Owner fully indemnified against all claims by any person whatsoever for injury, loss or damage suffered in connection with the provision of services through your use of the Website and any claim whether in tort or contract for any loss, damage, or delay in the provision of services, including any special, indirect or consequential loss, loss of profit or revenue, loss of expected savings, loss of business contracts, opportunity costs, loss or reduction of goodwill, and damage to reputation howsoever arising; all reasonable costs arising from the Owner defending a claim arising from the services that you provide and your use of the Website.  The Owner does not have to have incurred these costs to claim on this indemnity.

Intellectual Property Rights

The Owner retains all ownership rights over all intellectual property (registered or unregistered) available on the Website including, but not limited to, downloadable materials, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights.  The Owner claims copyright over all content on the Website or is using the content on the Website with the consent of the copyright owners, unless otherwise indicated.

License to You. 

The Website is provided to you through this license.  The Owner retains all ownership and proprietary rights in the Website and hereby grants you the non-exclusive, non-transferable, limited right to use the Website.  This license commences upon your visiting the Website and continues until termination by the Owner or you.  The Owner has the discretion to terminate your license immediately and without notice if you breach this license and reserve our rights to take action against you.  All rights not specifically granted under this Agreement are reserved by the Owner and, as applicable, its licensors.

This limited license excludes the right to frame or utilize framing techniques to enclose the Website or any portion of the Website; republish, redistribute, transmit, sell, or license the Website or any content (except as necessary to use the Website);  make any use of the Website or any and/or all Content other than for using our services; modify, reverse engineer or create any derivative works based upon the Website or any and/or all Content; collect account information for the benefit of yourself or another party; use any meta tags or any other hidden text utilizing any and/or all Website Content; use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server; download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.

Your licence to the Owner.

The User retains all ownership and proprietary rights in the content that the User uploads to the Website.  This includes photographs.  When you upload content to the Website you warrant and represent to the Owner that you are the owner of the content or are authorised by the owner of the content.  When you register with us, you grant TheNannyShare with a non-exclusive, non-transferable, limited right to use your Content for the sole purpose of facilitating your use of our services.  This license commences when you upload any content to the Website and continues until termination by the Owner or you.  The Owner has the discretion to terminate your license immediately and without notice if you breach this license and reserve our rights to take action against you.

The Owner’s Obligations.

The Owner reserves the right to make changes to the Website, its operation and application at any time without prior notice.  The Owner will take reasonable steps to ensure the ongoing effective operation and maintenance of the Website and take steps to repair technical issues that arise from within the Website within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.

Warranties and Indemnities. 

The Owner does not warrant that the functional aspects of the Website will be uninterrupted or error free or that the Website, its content or the server are free of viruses or other harmful components.  The Owner does not guarantee against third party interference nor that the Website or its content will be compatible with third party software or hardware.  The Owner is not liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the Owner’s reasonable control.

Prohibited Content 

The following content is prohibited, including in profiles created on the Website and in the User’s communications with other Users on the website:

  • Any content that infringes the law.
  • Contains foul, vulgar or obscene language
  • Is emotionally exploitative, controversial or that uses negative depictions of humans or animals
  • Is deceptive, false or misleading content.
  • Promotes any illegal or dangerous activity.
  • Contains or refers to illicit drugs, drug paraphernalia or products to beat drug tests.
  • Is obscene, defamatory, illegal, invasive of another’s privacy.
  • Contains hate speech – inciting or advocating violence or racial intolerance.
  • That is threatening, abusive, harassing, or that advocate or discriminate against a protected group, whether based on race, color, national origin, religion, disability, sex, sexual orientation, age or any similar or other category and whether express or implied.
  • Content or technology that infringes, encourages, or enables the infringement of, the intellectual property or personal rights of others.

Breaches of these terms and conditions

The Owner reserves the right to take any of the following action if we reasonably suspect that a breach of this agreement has occurred:

(a)        issue a formal warning;

(b)        suspend or prohibit access to the Website;

(d)        block access to the Website;

(f)         take legal action against you,

(g)        suspend or delete your account, and

(h)        report a matter to law enforcement.

If we suspend or prohibit or block your access to our Website, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of this agreement.

General

If any provision of this Agreement is invalid under any law the provision will be deleted from the Agreement and the remaining provisions will remain in full force and effect.  This Agreement shall be governed by and construed in accordance with the laws of Victoria and Australia and the parties agree that any claim arising out of this Agreement will be heard in Victoria.

Severability

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be effective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability in such provision in any other jurisdiction.