Aussie Kids Pty Ltd Standard Customer Terms and Conditions

  1. 1. User agreement
    1. 1.1. This Agreement is made between you and Aussie Kids
    2. 1.2. By entering and/or using the aussiekids.net.au website and the websites associated services ("website") you agree to be legally bound by this Agreement ("Agreement")
    3. 1.3. Aussie Kids is entitled to vary this Agreement at any time and such variations shall be effective immediately upon posting the varied Agreement on the website.
  2. 2. Legal Capacity
    1. 2.1. In the event of the user making a purchase through the website, the user warrants to Bargain Busters that the user is over 18 years of age.
    2. 2.2. In the event that Aussie Kids suffers any loss or damage, as a result of a transaction entered into by a minor, Bargain Busters reserves the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
  3. 3. Supply of Website Services to the User
    1. 3.1. Aussie Kids may change the website at any time and reserves the right to do so. There is no guarantee that the user will be able to access the website in the same way or with the same equipment or software which was available to the user prior to the change.
    2. 3.2. Aussie Kids may (temporarily or permanently) terminate access to the website by the user at the sole discretion of Aussie Kids and without giving any prior notice to the user.
  4. 4. Disclaimer
    1. 4.1. Aussie Kids will provide services with due care and skill but does not warrant to the user that the services will be provided without fault or disruption. To the extent allowed by law, Aussie Kids excludes all liability to the user or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the content and/or website including, but not limited to, loss or damage the user might suffer as a result of:
    2. 4.1.1. Errors, mistakes or inaccuracies on the website;
    3. 4.1.2. The user acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
    4. 4.1.3. Personal injury or property damage of any nature resulting from the user's access to, and use of, the website;
    5. 4.1.4. Defamatory, harmful, offensive or unlawful conduct of any user of the website;
    6. 4.1.5. Any unauthorised access to or use of the secure servers and/or personal information and/or financial information stored on those servers by Aussie Kids;
    7. 4.1.6. Any interruption or cessation of transmission to or from the website;
    8. 4.1.7. Any bugs, viruses, Trojan horses or other malevolent code or communications which may be transmitted to or through the website by any third party; and/or
    9. 4.1.8. The merchantability or fitness for any purpose of any good or service of any linked sites.
    10. 4.2. Aussie Kids does not warrant to the user, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. Bargain Busters will not be a party to or in any way responsible for monitoring any transaction between the user and third party providers of products and services.
    11. 4.3. Where any law implies a warranty into this Agreement which may not be lawfully excluded then to the extent allowed by law, the liability of Aussie Kids for breach of the warranty will at the option of Aussie Kids be limited to:
    12. 4.3.1. In the case of goods:
    13. 4.3.1.1. The replacement of the goods or the supply of equivalent goods;
    14. 4.3.1.2. The repair of the goods;
    15. 4.3.1.3. The payment of the cost of replacing the goods or of acquiring equivalent goods; or
    16. 4.3.1.4. The payment of the cost of having the goods repaired; and
    17. 4.3.2. In the case of services:
    18. 4.3.2.1. The resupply of the services of Bargain Busters, or
    19. 4.3.2.2. The payment of the cost of resupply of the services of Bargain Busters.
  5. 5. Use of the Website
    1. 5.1. The user agrees not to access (or attempt to access) any part of the website by any means other than through the interface provided by Bargain Busters.
    2. 5.2. The user agrees that the user will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. The user may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with the prior written consent and permission of Bargain Busters.
    3. 5.3. The user agrees not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
    4. 5.4. The user agrees not to use, copy, distribute or commercialise content except as permitted by this Agreement, by law or with the prior written consent and permission of Bargain Busters.
    5. 5.5. The user understands and agrees that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
  6. 6. Information on the Website
    1. 6.1. Any information about goods and services and other products on the website is based on material provided by suppliers and product manufacturers and Bargain Busters does not check or verify the truth or veracity of this information.
    2. 6.2. The user understands and agrees that Bargain Busters cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied to Bargain Busters by third party suppliers and/or product manufacturers.
    3. 6.3. The user agrees to make the user's own enquiries to verify information provided and to assess the suitability of products prior to the user placing an order or otherwise making a commitment to purchase such products.
  7. 7. Orders
    1. 7.1. The display of products on the website does not constitute an offer to sell to the user but is an invitation to treat only.
    2. 7.2. Orders placed by the user are offers to purchase a voucher for a particular product under the Terms and Conditions in this Agreement together with any supplier-specific terms and conditions at the price specified (including delivery and other charges).
    3. 7.3. Bargain Busters reserves the right to accept or reject the user's offer for any reason (or indeed for no reason at all) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in the user's order. In the event that Bargain Busters cancels the user's order, Aussie Kids will provide a full refund of any payment received.
    4. 7.4. After an order is placed by the user, the user cannot cancel such order.
  8. 8. Price
    1. 8.1. The prices of products, delivery and other charges shown on the website are in Australian dollars (unless indicated to the contrary) and include GST where applicable.
    2. 8.2. The prices shown on the website are current at the time of display but are subject to change.
  9. 9. Payment
    1. 9.1. A voucher shall not be issued unless payment in full is received from the user. Such payment will only be accepted via MasterCard and Visa. Aussie Kids shall accept no other form of payment.
    2. 9.2. If payment is not received in full from the user or payment is declined by the user's bank or credit card issuer, Aussie Kids shall not hold vouchers against the order.
  10. 10. Delivery of Aussie Kids Voucher
    1. 10.1. The user's Aussie Kids voucher will be emailed to the user via the email address supplied when the order is placed by the user.
    2. 10.2. Aussie Kids shall not be held liable nor responsible for any loss suffered as a result of a Bargain Busters voucher not being received by the user (e.g. because the email was blocked by a firewall or filter, or where the user has supplied an incorrect email address).
  11. 11. Voucher Redemption / Supply of Product
    1. 11.1. The Aussie Kids voucher purchased by the user is redeemable for the specified product from the nominated supplier. The nominated supplier (and not Bargain Busters) is the seller of the product and is solely responsible for honouring any Aussie Kids voucher the user purchases.
    2. 11.2. Aussie Kids offers no guarantee, warranty or representation regarding the standard of any product to be provided to the user.
    3. 11.3. The Aussie kids voucher does not function as a stored-value card and is not capable of being redeemed incrementally.
    4. 11.4. Subject to the Terms of this Agreement relating to refunds, the Aussie Kids voucher is incapable of being exchanged or redeemed for cash.
    5. 11.5. The Aussie Kids voucher cannot be combined with any other gift certificates, vouchers or promotions unless otherwise specified by the supplier.
    6. 11.6. Neither Aussie Kids nor the supplier is responsible for lost or stolen vouchers or fraudulent use of the voucher's unique reference number.
    7. 11.7. Should the user have any complaints or problems with the supplier's service, the user must bring this to the supplier's attention as soon as possible. Aussie Kids is unable to assist in resolving disputes with suppliers.
    8. 11.8. Aussie Kids does not receive payments from suppliers whose products or services are promoted through the website.
  12. 12. Bookings and Cancellations
    1. 12.1. All services and products offered through the website are offered by suppliers subject to availability. Some small group or individual "experience" products may require booking in advance. Aussie Kids recommends that all product bookings should be made at least two (2) weeks in advance. Peak times (such as weekends or holidays) should be booked further in advance. Aussie Kids does not guarantee that services and products will be available at the preferred date and time of the user.
    2. 12.2. Bookings are made subject to any supplier policies.
    3. 12.3. Should the user cancel the booking the user may incur a cancellation fee payable to the supplier. Short notice cancellations may result in the cancellation of the user's Aussie Kids voucher if the supplier is unable to fill the user's space.
    4. 12.4. Suppliers reserve the right to cancel and reschedule the user's booking due to unforeseen circumstances. Aussie Kids cannot be held liable for such events and will not reimburse the user for any travelling, accommodation or other expenses incurred by the user or any other person.
    1. 13. Aussie Kids Voucher Expiry and Extension
    2. 13.1. The Aussie Kids voucher expires on the date shown on the voucher.
    3. 13.2. Expired vouchers are non refundable in whole or part. After a voucher has expired, Aussie Kids vouchers are no longer valid and shall not be honoured by the supplier.
  13. 14. Refunds
    1. 14.1. Aussie Kids vouchers are non-refundable and cannot be exchanged or redeemed for cash because the user has had a change of mind, is unable to use the voucher or the voucher has been damaged, lost or stolen.
    2. 14.2. Aussie Kids will refund the purchase price or exchange the Aussie Kids voucher where Aussie Kids has made an error (e.g. the voucher issued is not for the product or service that was advertised).
  14. 15. Limitation of Liability
    1. 15.1. Aussie Kids has no liability for losses or damages sustained by the user for any act, omission or default, whether negligent or otherwise, of any supplier or third party. In the event that the liability of Aussie Kids cannot be excluded (and this is not admitted by Aussie Kids) such liability is limited to the value of the Aussie Kids voucher which has been purchased by the user.
  15. 16. Links to Third Party Websites
    1. 16.1. The website may include links to other websites, content and/or resources. These linked websites, content and/or resources may be operated by third parties and Aussie Kids has no responsibility or control over them. The existence of these links does not imply that Aussie Kids endorses the linked website, content and/or resource. The user acknowledges that Aussie Kids has not reviewed any of these third party websites, content and/or resources and that Aussie Kids is not responsible for the material contained therein.
  16. 17. Intellectual Property
    1. 17.1. Aussie Kids reserves all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives the user a right to use the marketing material, business names, trademarks, logos, domain names or other distinctive brand features owned or used by Aussie Kids on the website.
    2. 17.2. Other trademarks which are used on the website that belong to third parties are used with permission of the third parties and remain the intellectual property of the third parties.
    3. 17.3. Aussie Kids does not claim ownership of content which members may submit. However, by contributing content to the website the user automatically grants, and represents and warrants to Aussie Kids that the user has the right to grant, to Aussie Kids an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, perform, display and distribute the content and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content.
    4. 17.4. In the event that the user corresponds or otherwise communicates with Aussie Kids, the user automatically grants to Aussie Kids an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of the user's correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the website of Aussie Kids and developing the user's ideas and suggestions for improved products or services provided by Bargain Busters.
  17. 18. Transfer and Assignment
    1. 18.1 In the event that Aussie Kids mergers, sells or otherwise changes control of its business or this website to a third party, Aussie Kids reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights collected by Aussie Kids from the user and any agreements Aussie Kids has made with the user.
  18. 19. Indemnity
    1. 19.1 The user will at all times indemnify, and keep indemnified, Aussie Kids and its directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by the user or by Aussie Kids arising from any claim, demand, suit, action or proceeding by any person against the user or Aussie Kids where such loss or liability arose out of, in connection with or in respect of the user's conduct or breach of this Agreement.
  19. 20. General Provisions
    1. 20.1. Aussie Kids shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Aussie Kids.
    2. 20.2. This Agreement will be governed by and interpreted in accordance with the laws of Queensland. The user irrevocably submits to the exclusive jurisdiction of the Courts of the State of Queensland in Australia and to the Federal Court of Australia sitting in Queensland.
    3. 20.3. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
    4. 20.4. In the event that Aussie Kids does not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by Aussie Kids.