Terms of Service

These terms of service apply to all users of the Happy Kids Festival website.

PARENTS AND GUARDIANS: Please read these Terms and Conditions carefully before using and allowing your children to use the Happy Kids Festival website. If you provide consent to your child’s use of the Happy Kids Festival website, you agree to ensure your child abides by these Terms and Conditions.

1. Introduction By using any part of the Happy Kids Festival website located at www.happykidsfestival.com (‘the Site’), you agree to be bound by these Terms and Conditions (‘the Agreement’). This applies regardless of whether you have registered to access the Site, hold a subscription to the Site, or if you are simply surfing or browsing the Site. This Agreement constitutes a binding agreement between you and Happy Kids Festival, a business name of Success in Learning Pty Ltd atf Success Trust (‘us’ or ‘we’). We may modify these Terms and Conditions from time to time and will publish the modified Terms and Conditions on the Site. We recommend that you review this page from time to time to note any changes. Your continued use of the Site constitutes your acceptance of the modified Terms and Conditions.

2. Registration You must register for a Family Fun Pass in order for you and your children to access the Site. Do this by completing the information requested on the ‘Registration Page’. You will nominate a user name and a password and will be sent your Login Name via email.  You may not use the Site, or allow your child to use the Site, beyond the home page, if you have not registered. Registering to access the site without a subscription payment will allow you to access only certain areas and engage in only certain activities on the Site. We reserve the right to modify which parts of the Site are freely accessible upon registration.

3. Subscriptions Many parts, functions and activities of the Site (‘Subscriber Sections’) will only be accessible if you subscribe to Happy Kids Festival, by obtaining a Golden Ticket. You may choose to subscribe to Happy Kids Festival by completing the ‘Subscribe to Happy Kids Festival’ registration process.  You may not access Subscriber Sections if you are not a Subscriber. You may nominate which type of subscription you wish to hold from the options outlined on the Subscription Page, if more than one option is available, and you authorize us to withdraw funds via electronic transfer via Paypal  in accordance with the subscription you have chosen. If you opt for a fixed term subscription and are required to pay the monthly subscription fee in advance for each month of the fixed term, you authorize us to automatically withdraw funds via electronic transfer via Paypal monthly in advance for the duration of your nominated subscription period, commencing on the date you register for a subscription. If you opt for an annual subscription, if available, you must pay the total subscription fee for the year upon registration. We are not responsible for any bank fees charged to you by your bank or financial institution, including any fees levied in the event of a declined payment or fees for foreign currency exchange. We recommend that you contact your banking institution about any applicable fees and charges. The subscription fee will be published on the Site. We reserve the right to vary the subscription fee, or provide special promotional offers for subscriptions (‘Promotions’), at our discretion. Any variation to the subscription fee will be published on the Site. Variations to the subscription fee and Promotions will not affect any existing Subscriptions prior to expiry. If you wish to renew a Subscription, the subscription fee published on the Site at the time of renewal will apply. The subscription fee is payable by using PayPal. You must ensure that you have a PayPal account before registering to become a member. The subscription fee for Australian subscribers is inclusive of Goods and Services Tax. All payments are non-refundable. You agree to promptly notify us of any errors or discrepancies in relation to billing that appear on your account statement.

  

4. General The Site is for your private, non-commercial and individual use only. Unauthorised linking to the Site, or the extracting of frames from the Site for publishing in any third party medium, is prohibited. You may only register to access the Site or become a subscriber for yourself and/or on behalf of your child/children. You agree to supervise your child/children at all times while accessing the Site. You may not create a false identity in order to access the Site and you agree to provide and maintain information that is accurate and up-to-date, including, without limitation, up to date and accurate billing information if you are a Subscriber. You agree that if you elect to register or become a subscriber to the Site, you will be automatically added to the Happy Kids Festival mailing list and may receive communications from time to time via the email address provided. Only adult  members are permitted to use a User Name and password. You must not give your User Name and/or password to any other person,  or use another person’s User Name and password. You are responsible for keeping your User Name and password secure and confidential. You agree to notify us if you suspect any unauthorised use of your User Name or account information. You are solely responsible for all use of your User Name and password. Certain areas of the Site may only accessible to parents and guardians of child-users of the Site (‘Parent Sections’). Parents and Guardians are responsible for keeping their Login Name and password secure from their children, and to ensure that their children do not access the Parent Sections.

5. Renewals and Cancellation Your subscription will automatically renew in one (1) month terms unless either party notifies the other party of its desire to terminate the agreement at least ten(10) days in advance of the end of the initial term or ten (10) days in advance of the end of any renewal term. Registering to access the Site without becoming a Subscriber will provide you access to the Site (except for Subscriber Sections) indefinitely, unless you cancel your registration or unless we cancel your registration according to this section. We reserve the right to cancel your access or subscription at any time in our sole discretion. Unless we cancel your access because you breached this Agreement, if you hold a subscription, you will be entitled to a refund of that part of any subscription fee already billed that you will not be able to use due to the cancellation.

6. Rights All right, title and interest (including copyright) in the material included on the Site (including literary, dramatic and musical works, sound recordings, films, trademarks and logos) (‘the Content’) remains the property of us or our licensors, advertisers and providers. You must not copy, rearrange, vary, adapt, communicate, distribute or publish any of the Content. If the Site allows you to download any of the Content (including without limitation, pictures to colour in, calendars or widgets) such Content is licensed to you for your personal, non-commercial use only. The provision of any of the Content to you does not transfer to you any propriety right, title or interest in such Content.

7. User-generated content The Parent Section may contain message boards and forums in which a subscriber may contribute messages, ideas, text, concepts, suggestions, stories or pitches (‘User-generated Content’). You warrant that any User-generated Content supplied by you will not be defamatory, obscene or infringe the rights of any third party. Any User-generated Content posted on the Site will belong to us. In consideration for the access to the Site provided by us to you, you hereby assign to us all right, title and interest (including present and future copyright) in any User-generated Content posted by you on the Site, throughout the universe in any and all formats and mediums in perpetuity. We may (but are not obliged to) monitor any posts and reserve the right to decline to publish any post. You agree not to post any material that is illegal or prohibited or any material that will contravene or violate the rights of any third party. You may not use the Site to advertise any product or service without our prior written permission. We do not warrant the accuracy of any information or suggestions supplied in the User-generated Content and do not endorse any User-generated Content. You acknowledge that your use and reliance of any information on the Site is at your own risk.

8. Accessing the Site via other Devices You may access the site via any computer technology including wireless devices and mobile phones. This Agreement applies to the access of the Site via any medium. Accessing the site via some devices may be subject to other third party fees (for example mobile phone carrier fees). You agree that you are solely responsible for the payment of any such third party fees.

9. Release To the extent permitted by applicable laws, you hereby release us from all claims, actions, suits and proceedings regarding the Site, any Content on the Site or any material and services otherwise related to or linked to the Site including (a) any incorrect or inaccurate Content or material published on the Site or linked to the Site including any User-generated Content; (b) the conduct of any user or subscriber of the Site; (c) any loss or damage caused by any material on the Site; (d) any theft, destruction or unauthorised access to or alteration of the Site or member communications; (e) any loss in connection to the Site, including technical malfunctions.

 

10. Disclaimer To the extent permitted by law, we (and our suppliers and licensors) expressly disclaim any and all representations, warranties and conditions of any kind or nature, whether express or implied, including, without limitation, representations, warranties and conditions regarding performance, merchantability, fitness for a particular purpose, title, accuracy and non-infringement. To the extent permitted by law, we make no representation or warranty: (a) regarding any specific results, developments or outcomes from the use of the Site; (b) that the Site may always be accessed on an interrupted basis; (c) that any information on the Site will be accurate or reliable; (d) that the Site and material on the Site is free of viruses, security risks or other harmful components. We do not assume any obligation to monitor the activities of users, subscribers or any third parties accessing or conducting any activity involving the Site.

 

11. No Representations We do not make any representations regarding child development as a result of using the Site, including for the avoidance of doubt, that a child using the Site will further their cognitive, physical or social development. The site content is not to be taken as medical advice and is not to be used as such.

12. Limitation on Liability To the extent permitted under applicable laws, we (and our suppliers and licensors) shall not be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages (including loss of profits and personal injury) arising from (a) your use of the Site (including excessive use or use over an extended period of time); (b) your inability to use the Site; and/or (c) the conduct or actions of any other member or user of the Site, even if we have been advised of the possibility of such damages. In all events, the total liability to you for all damages, losses and causes of action, whether in contract, tort, negligence or otherwise, shall be the greater of AUD$100 and the total of one(1) month’s subscription fees paid by you. For the avoidance of doubt, it is your responsibility to monitor your and/or your child’s use of the Site and to ensure that such use is not excessive. We disclaim any liability for any physical or mental injury arising out of excessive use of the Site and/or the Internet. Nothing in this Agreement is intended to exclude, modify or restrict any right that you may have under applicable legislation.

13. Governing Law This agreement shall be governed by the laws of  Queensland, Australia.

 

14. Indemnity You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site other than in accordance with this Agreement.

15. Entire agreement This Agreement constitutes the entire agreement between you and us in relation to the Site. In the event of provision or part of this Agreement being invalid, illegal, unlawful or otherwise incapable of enforcement, that provision or part of this Agreement shall be deemed to be severed from this Agreement and to be of no force and effect. All other provisions and parts of provisions shall nevertheless prevail and shall remain in full force and effect and no provision or part of a provision shall be construed to be dependent on any other provision or part of a provision unless stated in this Agreement.

 

16. Privacy Policy The privacy policy can be viewed at http://www.happykidsfestival.com/privacy-policy