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1. Welcome to Child Nation
1.2 Jessica Wilson (ABN 39657347492) (Child Nation) owns and provides all the Adventures. In these Terms any reference to “we”, “us” and “our” means Child Nation.
(a) access or use the Adventures
(b) or otherwise deal with the Adventures or Child Nation.
1.4 Any reference to, “you” or “your” means the person that is taking one of the Adventures or anyone supervising a child who is taking one of the Adventures. You are responsible for the safety and well-being of any child taking one of the Adventures who is under your care and supervision.
1.5 If you are not over the age of 18, before you start, we require that you let an adult know that you are about go on an Adventure and that the adult agrees to these Terms.
1.6 It is your responsibility to protect yourself and the people around you. You must also protect your own property, things that belong to other people, devices, systems and your data usage when going on an Adventure. We are not responsible for any damage caused by you going on an Adventure.
1.7 We may need to change these Terms. If we do, any changes or updates will be published at our website www.childnation.com.au/terms-privacy and they will be binding on you.
2. Safety, Access and Use
2.1. Before going on an Adventure please look around you and identify anything that may be damaged or cause harm to you when using our services. We remind you to be careful at all times of yourself, other people, property and things around you.
2.2. While going on an Adventure you may think of things that make you uncomfortable, unhappy or unwell. If this happens, we recommend you see a qualified professional as soon as possible.
2.3. We try our best to make sure that all content, information, safety messages and warnings displayed in the Adventures are accurate and correct. Unfortunately, given their nature, we cannot warrant that they are accurate, adequate or complete at any particular point in time.
2.4. By accepting these Terms and going on an Adventure, you acknowledge and accept that:
(a) the Adventures, content, information, safety messages and warnings may include incorrect information, technical inaccuracies and typographical errors;
(b) the Adventures, content and information will change from time to time without notice to you; and
(c) you will not use Child Nation’s brand or Adventures for commercial purposes unless you have our prior written approval.
2.5. We unfortunately cannot guarantee that your access to the Adventures will be uninterrupted or that an Adventure is free from viruses or any other malware which may damage any computer, device, computer software or data using the Adventure.
3. Intellectual Property
3.1. Everything displayed on the Adventure and our website, including without limitation all content, information, images, audio files, graphics, illustrations, artwork, names, logos, trademarks, copy writing, and design features are our property, or property that we have been licenced or assigned the right to use (Child Nation Intellectual Property).
3.2. The Child Nation Intellectual Property is protected by copyright, trademark and other intellectual property laws. You may not use the Child Nation Intellectual Property for any purpose other than to use and go on an Adventure in accordance with these Terms.
3.3. You acknowledge that if you copy, imitate, reproduce, reverse engineer, sell, retransmit, distribute, disseminate, publish, broadcast, circulate or exploit any Child Nation Intellectual Property, you will be in breach of these Terms and we will suffer loss and damage.
3.4. You agree to account to us for any profit that you make and compensate us for any damage and loss arising out of a misuse of Child Nation’s Intellectual Property.
4. Your Creations
4.1. As part of going on a Adventure, you may create stories, written works, drawings, ideas, characters, insights and experiences (Your Creations)
4.2. You grant Child Nation a perpetual, worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Creations (Child Nation’s Licence).
4.3. If you do not wish to provide us with the Child Nation’s Licence you will need to let us know by sending us an email to firstname.lastname@example.org prior to commencing your Adventure.
4.4. It will be up to us if we provide attribution for your creations, if we use them elsewhere. We will only use a child’s first name if giving attribution.
5. Limitation of Liability
5.1. Your use of the Adventures is subject to you acknowledging and agreeing that:
(a) to the full extent permitted by law, Child Nation and the Abbotsford Convent Foundation (ABN 60 098 462 474) (ACF) isn’t responsible for any injury, harm, loss or damage suffered or caused directly or indirectly arising from the use or access of the Adventures by you.
(b) your use of the Adventures and you will hold Child Nation and ACF harmless for any loss or damage that you or any third party suffers in connection with the use of the Adventures.
(c) subject to any law, such as the Australian Consumer Law, Child Nation and ACF maximum liability to you will be limited to the amount you have paid to Child Nation to go on an Adventure.
6.1. You agree to indemnify Child Nation and ACF from and against any and all liabilities, costs, demand, causes of action, injuries, damages, claims and expenses (including legal fees) arising out of, directly or indirectly, your breach of these Terms, your use and access to the Adventures and any breach of Child Nation’s Intellectual Property rights, including any claims made by third parties.
If any clause/s in these Terms are deemed unenforceable or are invalid, such unenforceability or invalidity does not make these Terms unenforceable or invalid as a whole. Any unenforceable or invalid provisions can be deleted without affecting the remaining provisions in these Terms.
We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent to you. You are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
9. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Victoria, Australia. You submit yourself to the state and federal courts located in the State of Victoria, Australia for the resolution of any disputes.
1.2. We respect the rights and privacy of all individuals and are committed to complying with the Privacy Act 1988 (Cth) (the Act), the Australian Privacy Principles, and the General Data Protection Regulations (GDPR) for users in the European Economic Area (EEA).
● what personal information is;
● what personal information we collect and hold;
● what happens if we can’t collect your personal information;
● how and why we collect and use personal information;
● how we disclose your personal information;
● if your personal information will be disclosed overseas outside Australia;
● how we use direct marketing;
● how we make sure your personal information is secure;
● how we collect usage data and cookies;
● how you can complain about privacy breaches; and
● how to contact us about your personal information.
2. What is Personal Information?
3. What Personal Information we collect and hold?
3.1. We collect the Personal Information that is required to deliver and allow you to use our Services.
3.2. The Personal Information that we collect from you is:
● your name; and
● your email address.
4. What happens if we can’t collect your Personal Information?
4.1. You may not be able to use or access our Services effectively if you choose not to provide us with Personal Information.
5. How and why we collect and use Personal Information?
5.1. The primary purpose for collecting your Personal Information is to enable us to perform and deliver the Services.
5.2. We generally collect Personal Information so we can provide you with access to the Services, comply with our contractual and other legal obligations, or administer our relationship with you by responding to your enquiries and providing you with information.
5.3. We collect your Personal Information directly unless it is unreasonable or impractical to do so. We do this in ways including:
● when you access and use our Services;
● when you provide feedback about the use of our Services; and
● throughout the user experience when you are asked to respond to certain questions and prompts whilst using the Services
5.4. We may use your Personal Information for those purposes of developing, maintaining or updating the Services, or in any other way if we ask for your consent first and you provide consent.
6. How we disclose your Personal Information?
6.1. We may disclose your Personal Information to:
(a) payment processors;
(b) specific third parties that engage, contract with, or host Child Nation;
(c) the police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator. For example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary; or
(d) as required or permitted by any law (including the Act or the GDPR).
6.2. We may provide your Personal Information to external third-party service providers or external third-party hosts that we engage to perform functions on our behalf. This may include any of the following external third parties:
(a) database hosts;
(b) data storage and management facilities;
(c) IT services;
(d) payment processors; and
(e) any external third party you authorise to receive your Personal Information.
6.3. We make no representations or warranties in relation to the privacy practices of any external third party service providers or third party hosts and we are not responsible for the privacy policies or the content of any external third party service provider.
7. Will Your Personal Information be Disclosed Overseas outside of Australia?
7.1. If we are required to disclose personal information to other overseas persons or entities, we will take reasonable steps to ensure that the overseas recipients of your Personal Information do not breach the privacy obligations relating to your Personal Information.
7.2. We use some of the following external third-party service providers that may receive your Personal Information that are located outside of Australia:
● Type form
8. Direct Marketing Materials
8.1. We may use your Personal Information to contact you with updates that may be of interest to you, news or promotional materials. You can opt out of receiving these communications from us at any time by clicking the “unsubscribe” link in the email.
8.2. These communications may be sent by email in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth).
9. How Can You Access and Correct Your Personal Information?
9.1. You may request access to any Personal Information we hold about you at any time by contacting us at email@example.com.
9.2. Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We will not charge you for making a request and will not charge you for making any corrections to your Personal Information.
9.3. If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the Personal Information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
9.4. If you believe that the Personal Information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the Personal Information stating that you disagree with it.
10. How we make sure your Personal Information is secure?
10.1. We will take all reasonable steps to protect the Personal Information that we hold from misuse, loss, or unauthorised access including by means of firewalls, password access, secure servers and SSL transmission.
10.2. If you suspect any misuse or loss of, or unauthorised access to, your Personal Information, please let us know immediately.
10.3. If we suspect any misuse or loss of, or unauthorised access to, your Personal Information we may inform you of that suspicion and take immediate steps to limit any further access to, or distribution of, your Personal Information. If we determine that the breach is likely to result in serious harm to you or the child under your supervision and we are unable to prevent the likely risk of serious harm with remedial action, we will take action in accordance with the Act.
10.5. We will destroy or attempt to de-identify your Personal Information if we no longer require it to deliver our services as soon as practicable if it is lawful and reasonable to do so.
11. How we collect Usage Data and Cookies?
11.1. When you use our Services, we may encode or anonymise information or aggregated data we collect about a group or category of services or features (Usage Data). This Usage Data does not contain Personal Information.
11.2. Usage Data helps us to solve business issues and improve our operations.
11.3. We or our external service providers may obtain information using technologies such as cookies, tags, web beacons, and navigational data collection (log files, server logs, and clickstream data) to better understand your user experience. For example, we or our service providers may collect information like the date, time and duration of visits and which webpages are accessed.
11.4. We may also log IP addresses to analyse trends, administer the website, track user movements, and gather broad demographic information.
11.5. This information is generally not linked to your identity. We may also collect anonymous data (which is not Personal Information) relating to your activity on our Services (including IP addresses) via cookies. We generally use this information to report statistics, analyse trends, administer our services, diagnose problems and target and improve the quality of our Services.
12. Information for users that are residents in the European Economic Area (EEA)
12.2. In this clause, the Personal Information we may collect as outlined in clause 3.2 above is referred to as personal data and takes the meaning of personal data under Article 4 of the GDPR (Personal Data).
12.3. In this clause the terms data subject, processing, controller and processor take the meaning under Article 4 of the GDPR.
12.4. We are the controller of any Personal Data that you directly provide to us. We are the processor of any Personal Data that it receives from a party that is not the data subject, for example an external service provider.
(a) where you have consented to our collection and use of your Personal Data (you can withdraw this consent at any time); and/or
(b) where we are required to collect and use your Personal Data to provide you with access to the Services or to facilitate a Project, or to provide you with other services that we have contractually agreed to provide you; and/or
(d) to comply with the law.
12.6. Your Personal Data will be transferred outside of the EEA when using the Services. We use appropriate safeguards by entering into the required agreements using the standard clauses to protect any Personal Data being transferred. If you do not consent to your Personal Data being transferred outside of the EEA, you are unable to use our Services.
12.7. You have additional rights about your Personal Data including:
(a) the right to be informed – you have the right to be clear about what Personal Data is processed, who processes it and why.
(b) the right to access – you have the right to request copies of any of your Personal Data that we have collected.
(c) the right to rectification – you have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete information that you believe is incomplete.
(d) the right to erasure – you have the right to request that we erase your Personal Data. You can request deletion of your Personal Data, sometimes this may not be possible yet we will take reasonable steps to erase your Personal Data.
(e) the right to restrict processing – you have the right to object to us processing of your Personal Data.
(f) the right to data portability – you have the right to request that we transfer the Personal Data we have collected to another organisation or directly to you.
13. How Can You Complain About Privacy Breaches?
13.3. If you are not satisfied with the outcome of our investigation, then you may request that an independent authority investigate your complaint.
14. Contact us