Legal effect of this Disclaimer

These terms and conditions, together with any additional terms and notices contained elsewhere on this Torrensville Community Childcare Centre trading website (Website) govern the way in which you may use, access, download, or link to this Website including any content made available to you on this Website (Terms). If you do not accept these Terms, you must refrain from using this Website.

This Website is owned and operated by Torrensville Community Childcare Centre trading, registration number VIC A0007628K and ABN 34 192 751 897 (AAVwe or us).

Changes to these Terms

We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of this Website following such notification will represent an agreement by you to be bound by these Terms as amended.

Access to this Website

We do not guarantee that this Website or any content on it, will always be available or be uninterrupted. Access to this Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of this Website without notice. We will not be liable to you if for any reason this Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to this Website.

Content

This Website and its content (including that provided by third parties) is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Website.

Although we make reasonable efforts to maintain and update the content and information on this Website, we make no representations, warranties or guarantees, whether express or implied, that this Website will be available or free from infection by viruses or that the content and information displayed on this Website is accurate, up to date, complete or fit for purpose.

We may update this Website from time to time and may amend, modify, delete or update the content at any time.

Third party information and links to third party websites

This Website may include information produced by organisations or individuals other than us. Where possible and appropriate, we will indicate and acknowledge content and other materials that have not been produced by us. The content may include views or recommendations of third parties that do not necessarily reflect our views or indicate our commitment to, or approval of, a particular course of action.

This Website contains hyperlinks to websites operated by third parties. Those links are provided for convenience only and may not remain current or be maintained. Those websites are not part of this Website and, unless otherwise indicated, are not under AAV’s control. We have no responsibility for the contents of any such linked websites, and you access them at your own risk.

We have not checked the accuracy or completeness or the fitness for purpose of the information or the suitability or quality of the content of any such linked websites. You must make your own enquiries with the relevant third party before relying on the third party information or entering into a transaction in relation to any such linked websites. You should check with the third party whether there are additional charges and terms which may apply.

Inclusion of third party information or links to third party websites do not indicate endorsement, approval, or sponsorship by us of any organisation, their products, their services, or their published content.

Content Providers

AAV encourages organisations to advertise their inclusive and accessible arts programs and events on this Website. In order to be able to provide us with such content, you must register an account with us in accordance with these Terms. To register an account, you must complete and upload the applicable account registration form available on this Website. Registration is free but non‑transferable.

[Once you have created an account and submitted all requested information about your program, event or other offering], we will review your submission and, if the proposed content meets the criteria specified on this Website, your content (including a link to your website, if applicable) will be included on this Website and you will become a registered content provider.

We do not warrant that we will post content or material of a registered content provider on this Website. If we elect in our sole discretion to post your content, we do not warrant that the material or information you submit will be posted within a certain timeframe.

Your account

You must provide all information required by AAV when registering an account, including your name, email address, phone number and details of your proposed program, event or other offering. You warrant that all information you provide to us is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep the information true, accurate, current and complete.

You acknowledge that your username and password is secret and confidential. You must maintain the confidentiality of both your username and password. You are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorised use, or suspected unauthorised use, of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

You must not allow any other person to use your account to use this Website or submit content for this Website.

You agree not to create more than one account.

We reserve the right to terminate your account at any time if you breach these Terms.

Obligations of Content Provider

By becoming a registered content provider you agree that:

  • you will be responsible for all aspects of the production of the content;
  • you will ensure that your content is up to date, accurate and not misleading;
  • you warrant that your content is not fraudulent, defamatory and does not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person;
  • you must procure on behalf of yourself and on behalf of us all proper licences, clearances, permissions and releases in writing in respect of any copyright material included in your content so that your content can be distributed on line from our database to our subscribers.

Security

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

We use reasonable efforts to ensure the integrity of this Website. However, we do not and cannot warrant that your use of this Website will be error free or uninterrupted, or guarantee or promise that the delivery, safety or security of communications over the Internet, this Website or your computer systems will be error free, uninterrupted or totally secure. We provide this Website on an “as is” basis and while we use reasonable efforts to ensure accuracy, we cannot guarantee that the information on this website is complete, current or error-free.

We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of this Website unless it was directly and solely caused by us.

Translations

We make no representations, express or implied, as to the accuracy or usefulness of any translation of the information published in our electronic mail or on this Website.

If you use automatic language translation services in connection with content published by us, you do so at your own risk.

Your conduct

You must use this Website in a responsible manner and in compliance with all applicable laws, regulations, standards, and codes, including these Terms. In particular, and without limiting any other provision of these Terms, you must not:

  • use this Website other than for its intended purpose and in accordance with its intended operation;
  • use this Website for any activities, or post or transmit to or via this Website any information or materials, which breach any laws or may encourage the breaching of any laws, infringe a third party’s rights, or are contrary to any relevant standards or codes;
  • use this Website in a way or post to or transmit to or via this Website any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying this Website;
  • use the content on this Website to identify recipients and send unsolicited bulk electronic mail messages or chain letters in any way that would constitute a contravention of the Spam Act 2003;
  • use another person’s name, username or password without permission;
  • tamper with, hinder the operation of or make unauthorised modifications, amendments, manipulation, distortions, or enhancements to this Website, or reverse engineer this Website in any way;
  • knowingly transmit any virus or other disabling feature to this Website or via this Website; or
  • attempt any of the above acts, or permit another person to do any of the above acts.

We may, but have no obligation to, monitor your use of this Website.

You are responsible for all equipment and software used to access this Website and information or services on it, as well as any activity that occurs under your username and account

Copyright

Copyright in this Website is owned in whole by us, or owned by third parties and used with permission or under license by us.

You agree that you immediately transfer all intellectual property rights in your content to AAV at the time such content is submitted to us for the purposes of advertising your event, program or other offering.

AAV grants you a non-exclusive and non-transferable licence to use this Website for your own personal use only and subject to these Terms and any other terms and conditions on this Website.

You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our prior written permission on-sell or resupply for commercial purposes information obtained from this Website.

Trade marks

The trade marks used on the Website are our trade marks or the trade marks of a third party.

You must not use any of our trade marks:

  • in or as the whole or part of your own trade marks or business name or company name;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive;
  • in a manner that disparages us or our information, products or services (including this Website).

You must not authorise or assist any person to do any of the acts specified above.

Exclusions and limitation of liability

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this Website or any content on it, whether express or implied.

Neither AAV or any of its affiliated organisations or their respective employees will be liable for any damages, costs, loss or liability arising or in any way related to:

  • the use of this Website or any other site linked to this Website;
  • your use of, or reliance on, information contained on or accessed through this Website;
  • your participation in any event, program or other offering provided by a registered content provider; or
  • any failure by us to comply with these Terms where such failure is due to circumstance beyond our reasonable control.

These Terms are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law, including any of the consumer guarantees under the Australian Consumer Law. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

Privacy Policy

We undertake to comply with the terms of our privacy policy which is available here: read our privacy policy.

Termination

We may immediately terminate or suspend access to this Website at any time in AAV’s sole discretion and with prior notice if reasonable in the circumstances.

You may at any time deactivate your account or access to this Website at your sole discretion.

General

These Terms are governed by the law in force in Victoria, Australia. Both you and we irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them.

If any provision of these Terms is invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to subsequent or similar breaches.