1.1 As used in this document:
“Content” means the content posted on and/or contained within the Website, including (but not limited to) designs, graphics, photographs, information, software, text, databases, images, audio files, trademarks, logos, company, event and Product names and all other materials;
“Kids Promotions” means the business conducted at and/or via the Website owned by Marianne T Tincknell and TBL Services Pty Limited as Trustee for the Tincknell Family Trust trading as Kids Promotions;
“Kids Promotions Event” means an event for which Kids Promotions sells tickets for entry;
“Products” means any and/or all types of goods or products (such as, but not limited to, merchandise);
“Terms of Sale” means Kids Promotions’ terms of sale, as available on the Website;
“T&Cs” means these Terms & Conditions;
“Website” means the website for Kids Promotions at URL www.kidspromotions.com.au.
2. TERMS & CONDITIONS
2.1 Acceptance of these T&Cs is required as a condition of visiting and/or using the Website. By using the Website you confirm that you have read and understood these T&Cs, and will comply with and be bound by the T&Cs.
2.3 Where Products or services are available for purchase from the Website, they shall be subject to Kids Promotions’ terms of sale, as posted on the Website from time to time. Where such goods and/or services are sold by a third party (as opposed to Kids Promotions) then such sale will be subject to the terms of sale of such third party.
2.5 GST applies to all sales through the Website. Prices shown on the Website include GST unless expressly stated to the contrary.
3. OWNERSHIP AND USE OF WEBSITE
3.1 As between you and Kids Promotions:
(a) all rights in and/or to the Website are wholly owned by Kids Promotions; and
(b) all rights in and/or to the Content are wholly owned by Kids Promotions
and you have no rights in and/or to the same.
3.2 Notwithstanding 3.1 above, the Website may contain Content provided to Kids Promotions by third parties. Ownership of such Content vests in Kids Promotions or such third parties, as agreed by Kids Promotions and the third parties, and you have no rights in and/or to the same.
3.3 You agree not to alter, remove, copy, store, reproduce or otherwise use or broadcast the Content in any way (whether owned by Kids Promotions or any third party), save with the prior written consent of Kids Promotions.
3.4 You agree that you are entitled to access and utilise the Website for your personal benefit to take advantage of the goods and services offered through the Website, solely in accordance with these T&Cs and the policies contained on the Website.
4.1 At each time that a competition is run through the Website the conditions of entry and other regulations governing that competition will be made available on the Website.
5. SALES AND PROMOTION THROUGH THE WEBSITE
5.1 Kids Promotions may make Products and/or event tickets available via the Website. In addition, the Website may include a link to a third party website or websites, relating to Product and/or ticket sales or specific competitions or events.
5.2 Kids Promotions’ Terms of Sale apply in addition to these T&Cs in respect of any Kids Promotions Event and any direct sales through the Website.
5.3 Wherever tickets for an event are sold by a third party, or a sale of Products or services is made or competition promoted via a third party and/or a third party website, these T&Cs shall apply solely to the extent of Kids Promotions’ advertising and/or promoting the relevant event, Product, service and/or competition, and the terms and conditions governing such sales by such third party, any such competition and any such event itself shall be determined and provided/made available by that third party, and Kids Promotions has no liability in respect of such actual sales, event and/or competition. Concerns regarding such third party’s goods and/or services, the relevant event and/or competition should be raised directly with the relevant third party.
6. THE WEBSITE
6.1 Kids Promotions does not guarantee that the Website and/or the Content included within the Website is complete, accurate, error-free or fit for purpose. Except to the extent that it cannot be excluded by law, Kids Promotions is not liable or responsible for loss or damage of any kind suffered by any party and arising from the Website, the Products, events, competitions and/or the Content. Kids Promotions does not warrant that the Website, use of the Website and/or access to Content will be free of technical malfunction, viruses, defects, bugs or other interference or damage, and Kids Promotions is not liable to you or any party for damage to your computer or other device resulting from use of the Website. Kids Promotions is not liable for any indirect, incidental, special or consequential loss or damage. Kids Promotions is not liable for damages of any kind, resulting from (a) the use (or inability to use) the Website and/or the Content; and/or (b) any event, Product or service listed on the Website, save to the extent such liability cannot be excluded by law.
6.2 Kids Promotions may from time to time make variations and/or alterations to the Website, the Content, the service and/or the policies of Kids Promotions (including these T&Cs). Any changes to the service and/or policies will be effective upon posting or going “live” on the Website.
6.3 The Website may contain links to third party websites. Kids Promotions is not liable or responsible for the content, Products and/or services contained in such websites. Concerns regarding the websites and such third party’s goods and/or services should be raised directly with the relevant third party.