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TERMS OF USE

Child Nation

Terms of Use

 

1. Welcome to Child Nation at your school.

 

1.1 These Child Nation Terms of Use (Terms) are here to make sure that us and all Child Nation customers understand each other’s rights and obligations about using the Child Nation Product (Product) including its Digital Adventures (Adventures) at their school.

 

1.2 Jessica Wilson Pty Ltd (ABN 906 533 069 17) (Child Nation) owns the Product.  In these Terms any reference to “we”, “us” and “our” means Child Nation.

 

1.3 You agree to be bound by these Terms and acknowledge the terms of the Child Nation Privacy Policy when you:

  • access or use the Child Nation Platform or enable access to the Platform by children under your care,

  • access or use the Child Nation Adventures or enable access to the Adventures by children under your care,

  • or otherwise deal with the Platform or Adventures or Child Nation.

1.4 Any reference to, “you” or “your” means the person legally designated as supervisor of a child who is accessing the Platform or undertaking one of the Adventures. 

 

1.5 You are responsible for the safety and well-being of any child taking one of the Adventures who is under your care and supervision.

 

1.6 It is your responsibility to protect yourself, children in your care, and any 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 or children under your care going on an Adventure.      

 

1.6 We may need to change these Terms. If we do, any changes or updates will be published at our website www.childnation.com.au 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 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 or children under your care, may think of things that make you/them 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:

 

  • the Adventures, content, information, safety messages and warnings may include incorrect information, technical inaccuracies and typographical errors;

  • the Adventures, content and information will change from time to time without notice to you; and

  • 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 Platform or the Adventures will be uninterrupted or that they are 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 Adventures, the Platform 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 licensed 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.

 

4. Your Creations

 

4.1 As part of going on an Adventure, you or children under your care may create stories, written works, drawings, ideas, characters, insights and experiences (Your Creations).

 

4.2 Child Nation will never use Your Creations without first, seeking permission from you. Your permission may be withheld.

 

4.3 If we use Your Creations in any published form we will attribute the creator but only use a child’s first name if giving attribution.

 

5. Limitation of Liability

 

5.1 Your use of the Platform and the Adventures is subject to you acknowledging and agreeing that:

 

  • to the full extent permitted by law, Child Nation isn’t responsible for any injury, harm, loss or damage suffered or caused directly or indirectly arising from the use or access of the Platform or the Adventures by you.

  • your use of the Platform and the Adventures is at your own risk, and you will hold us harmless for any loss or damage that you or any third party suffers in connection with their use.

  • subject to any law, such as the Australian Consumer Law, our maximum liability to you will be limited to the amount you have paid to Child Nation for access to our service.

 

6. Indemnity

 

You agree to indemnify us 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 Platform and the Adventures and any breach of Child Nation’s Intellectual Property rights, including any claims made by third parties.

 

7. Severability

 

If any clause/s in these Terms are deemed unenforceable or are invalid, such un-enforceability 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.

 

8. Assignment

 

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.

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