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Website Disclaimer

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These Rules relate to the Jump Up for Kids website owned and operated by Jump Up Enterprises Pty Ltd as trustee for the Brewhaha Trust (“Jump Up”) and any other website that is part of the Jump Up website including any website that is owned or operated by or on behalf of Jump Up and any website available through the jumpupforkids.com.au domain name and any sub-domains related to the jumpupforkids.com.au domain name (collectively referred to as “this Site”).

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The material on this Site is copyright of Jump Up and other copyright owners. This Site may only be used in accordance with these terms and conditions (the “Rules”).

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This Site contains content and information including software, text, programs, interactive facilities, graphics, photographs, sounds, music and video (“Content”). Some Content may be arranged into documents, forms, articles and any other materials whatsoever (“Resources”).

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All Content and Resources provided on and through this Site may only be used in consideration of you agreeing to be bound by these Rules.

1. DISCLAIMER

Whilst we, at all times, endeavour to have the most accurate, reliable and up-to-date information on this Site, Jump Up does not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in this Site or as to its correctness, suitability, accuracy, reliability or otherwise.

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Jump Up makes no warranties or representations regarding:

  1. The accuracy, reliability or currency of any information contained on this Site or any linked websites;

  2. The merchantability, reliability or fitness for any particular purpose of any service or product contained or referred to on this Site or on any linked websites.

 

You acknowledge and agreed that:

  1. You must not rely on any of the information on this Site without first making independent enquiries to verify facts;

  2. The Content and the Site are for information only and are not intended to and do not contain or constitute professional advice;

  3. Access to the Site or Content may not be uninterrupted, virus free or error free;

  4. Jump Up will not be liable for any loss, liability or damage arising in any way in connection with this Site.

2. INTELLECTUAL PROPERTY RIGHTS AND LICENCE

  1. Jump Up and others own and reserve all intellectual property rights, including, but not limited to, copyright in the Content or services provided by this Site.

  2. Except as expressly provided in these Rules, nothing set out in these Rules confers any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

  3. You agree that the Content and this Site are protected by copyrights, trademarks, patents or other proprietary rights and laws.

  4. Except with Jump Up’s express consent, you must not use this Site or any Content for any of the following purposes:

    1. The reproduction of the Content in any form;

    2. The distribution of the Content in any form;

    3. Re-transmission of the Content by any medium of communication;

    4. Uploading or reposting the Content to any other site or location on the internet, online service or bulletin board; or

    5. Framing the material on this Site with other material on any other internet site or location, online service or bulletin board.

  5. You must not:

    1. Decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Site or the Content;

    2. Use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users;

    3. Use any software, device, or manual process to monitor or copy this Site or the Content. Any unauthorised use of this Site or its Content is prohibited. Without limiting the generality of this clause you must not cache the Content of this Site without the consent of Jump Up;

    4. Modify, mimic or copy:

      1. The layout of this Site; or

      2. Any computer software or code contained in this Site.

3. LINKS TO OTHER WEBSITES

  1. This Site contains links to sites on the internet owned and operated by third parties and which are not under the control of Jump Up (“External Sites”).

  2. In relation to External Sites which are linked to this Site, Jump Up:

    1. Provides the link or links to External Sites as a convenience to you and the existence of a link or links does not imply any endorsement by Jump Up of the External Sites;

    2. Is not responsible for material contained on those External Sites; and

    3. Makes no warranties and accepts no liability in relation to material contained on those External Sites.

4. LIABILITY

  1. Jump Up shall not be liable, under any circumstances, for any damages of any kind (even if Jump Up has been advised of the possibility of such damages) which are the consequence of you:

    1. Acting, or failing to act, on any information contained on or referred to on this Site or any of the External Sites; or

    2. Using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Site any External Sites.

  2. You agree that Jump Up is not liable to you for:

    1. Errors or omissions in the Site or on External Sites; or

    2. Delays to, interruptions of or cessation of the services provided in the Site, the Content, or External Sites.

  3. You agree to accept the full cost of any necessary repair, correction or maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing this Site or the Content.

  4. To the extent that the limitation of liability contained in this clause 9 is prohibited, you agree that Jump Up’s sole obligation to you for any loss, injury, claim, liability or damage of any kind resulting from your access or use of this Site shall be limited to the refund of the fees and charges paid by you to Jump Up, if any.

5. INDEMNITY

You will at all times indemnify, keep indemnified, defend and hold harmless Jump Up and its respective officers, employees and agents (referred to below as “Those Indemnified”), from and against any cost, expense, fee, loss or damage (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

  1. Your actions, inaction or negligence;

  2. Any breach of these Rules by you;

  3. A breach of a warranty given by you under these Rules; or

  4. Your use of or reliance on the Resources, Content or any information supplied to you under these Rules.

6. CONFIDENTIALITY AND USE OF INFORMATION PROVIDED BY YOU

  1. You agree that Jump Up may collect and use information that you provide to it (if any). You also agree that Jump Up may store certain information on your computer including, without limitation, cookies, that assists or enables Jump Up to provide access to this Site.

  2. Except as permitted in clause 6(c) below, Jump Up will treat as confidential information any information provided to this Site by you (if any). Jump Up will not disclose confidential information to any third party except where the third party is either contracted or licensed to Jump Up to assist Jump Up in fulfilling its obligations under these Rules or providing access to this Site.

  3. If you purchase products or services from Jump Up then you agree that Jump Up may disclose the material or information provided by you under these Rules to third parties for the purpose of providing you with the products or services.

7. SEVERANCE AND JURISDICTION

  1. If any part of these Rules is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Rules and the severed part will not affect the validity and enforceability of any remaining provisions.

  2. These Rules will be governed by and interpreted in accordance with the laws of the State of Queensland.

  3. You agree to the non-exclusive jurisdiction of the Courts of the State of Queensland to determine any dispute arising out of these Rules.

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