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BUSINESS OWNER TERMS AND CONDITIONS

Last Updated: This policy was last updated on 7-March-2021

1.  Introduction

(1)  The www.kidibizi.com.au website, (and any mobile application for the website) (the “Site”) is owned and operated by Kidibizi (“Kidibizi”, “we” , “us” or “our”).  You can find out more about how we share data in the Site’s Privacy Policy.

(2)  These terms and conditions (the “B2B Terms”) together with any other terms and conditions referred to within the B2B Terms (including the Privacy Policy), together forming (this “Agreement”) govern the relationship between Kidibizi and any party who accesses or uses the Site to offer or advertise any its business, (collectively “Business Owners” or “you”).

(3)  This Agreement constitutes a legally binding agreement between Kidibizi and the Business Owner. By using or accessing the Site or Kidibizi’s platforms or systems in the capacity of a Business Owner, you acknowledge that you agree to and are subject to this Agreement, including our Privacy Policy. If you do not fully agree to the terms of this Agreement, you are not authorised to access or otherwise use the Site.

(4)  If the Business Owner is a company, partnership or other entity, the person who uses the Site or agrees to the terms of this Agreement, on behalf of that Business Owner, represents that they have the authority to bind the entity to the terms of this Agreement.

(5)  Kidibizi does not authorise anyone to register with the Site unless they are able to enter into legally binding contracts.

(6)  Kidibizi may revise these B2B Terms at any time by posting an updated version to the Site. You should visit the Site periodically to view the most current B2B Terms because they are binding on you.

(7)  Business Owners who violate the terms of this Agreement may have their access and use of the Site suspended and their Listings removed from the Site, at Kidibizi’s discretion.

2.  The Site

(1) This Site allows Business Owners to advertise their businesses to potential customers (each, an “End User” and, collectively with a Business Owner the “users”).

(2) The Site provides an online forum for users to interact, and Kidibizi does not act as your agent in relation to properties, products or services that you advertise on the Site. Kidibizi is not a party to any contractual relationship between you and an End User or any other third party, even if the Site facilitates the purchase, paying for or use of one or more of your goods or services, or the use of other tools, services or products. Kidibizi does not mediate between the End User and the Business Owner in the event of any dispute arising between them. You enter into any transaction with a third party user entirely at your own risk.

3. Purchasing a Listing

Business Owners can agree with Kidibizi to place on the Site a paid-for advertisement for one or more of their specific business services (each, a “Listing”).

3.1    Monthly Subscription & Level changes

(1) Subscription Listings may be purchased by a Business Owner by agreement with Kidibizi. Listing fees paid for a subscription are non-refundable in the event that the Business Owner terminates the Agreement or wishes to remove a Listing before the end of the subscription term.

(2) Kidibizi will list monthly subscription Listings for the term agreed between Kidibizi and the Business Owner based on the rates then advertised on the Site.

(3) Subscription Fees will be charged to Business Owners for a ‘listing’ on a monthly basis. These are a rolling subscription which don’t need to be renewed each month. To opt out of your subscription, cancel future payments and/or update your subscriber details, login via the Kidibizi website and delete your listing/s. Your subscription will be terminated effective as and from the next monthly renewal and billing cycle.

(4) Level changes up or down will incur a $3 admin fee, this will be charged at the time the Business Owner upgrades or downgrades their listing.  

(5) Payments to Kidibizi for subscription fees can be made by BPAY, credit card payment or any other method authorised in advance by Kidibizi. All banking and other fees relating to a payment shall be borne by the Business Owner.

3.2    General terms of listing

(1) The Business Owner commits to provide only accurate and up to date information in each Listing and shall not impose different conditions on the End User than those set out in the Listing.

(2) Kidibizi reserves the right to decline to place, amend, or remove, any Listing that appears, at Kidibizi’s discretion, to infringe, be capable of infringing, or be associated with the infringement of, any provision of this Agreement, any applicable law or regulation or the intellectual property rights of Kidibizi or a third party. We may also amend your Listing to improve the quality of your Listing. * only one free listing per business

3.3    Sort order

(1) The results of searches for Listings depend on Kidibizi’s algorithms and may vary from time to time. As a result, Business Owners may notice ongoing fluctuations in their Listing’s position in search results.

(2) Kidibizi provides no guarantee on any position within search results, but the position of a Listing may be improved by the Business Owner by upgrading your subscription package (for example move from BiZi Basic to a BiZi Plus or a BiZi Premium subscription).

 

4.  Using the Site

(1) Upon registration, a Business Owner is given a user profile in which the data the Business Owner contributes is recorded and in which all the goods or services offered by that Business Owner are specified (“Owner Profile”).

(2) Owner Profile provides various functions which are intended to assist Business Owners to manage their Listings through the Site. These functions, and Owner Profile, are made available on an as-is basis, and Kidibizi does not undertake that its functions will be complete or error-free.

5.  Add On Services

Kidibizi also uses Google Analytics to gather statistics on site usage. There are more details in the Privacy Policy and in Google’s own privacy policy. Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube. Business Owner accepts that Kidibizi Group has no control over Google’s data collection.

6.  Additional Paid Services

Kidibizi may from time to time make available and may from time to time add to or remove, additional paid for services to Business Owners (“Additional Paid Services”). More information about Additional Paid Services can be found on the Site. Each Additional Paid Service may be subject to additional terms and conditions which will be available to the Business Owner at the time when the Business Owner agrees to take the relevant Additional Paid Service.

7.  Termination of Contract 

If Kidibizi determines, or an allegation is made, that:

  1. Listings or other content associated with a Business Owner contain any material that infringes any law, applicable regulations or the rights of any person or entity;
  2. a Business Owner has submitted unsuitable material to, or misused, the site;
  3. a Business Owner’s Listing business practices are unacceptable or unfair (for example, if a Business Owner engages in any practice that would be considered unfair or improper);
  4. the Business Owner is in material breach of this Agreement or any other obligations owed to Kidibizi or an End User;
  5. a Business Owner has been abusive or offensive to any employee or representative of Kidibizi;
  6. a Business Owner used a false identity; or
  7. a Business Owner has otherwise misused Kidibizi’s systems or communications platforms;

then Kidibizi shall be entitled to, at its sole discretion, (i) suspend, (ii) amend, (iii) down-tier, or (iv) terminate either (a) any affected Listings, or (b) all Listings associated with that Business Owner (including, for the avoidance of doubt, any Additional Paid Services relating to those Listings), immediately and without refund of Listing Fees or any other fees or charges paid by the Business Owner.

8.  Rights and Obligations of Kidibizi

(1) Kidibizi may change, suspend or discontinue any aspect of the Site at any time, including the layout and the availability of any Site features, database or content without any prior notice or liability.

(2) Kidibizi may occasionally undertake upgrades of the Site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the Site. Kidibizi will, where possible, aim to ensure that maintenance of the Site that causes any such restriction is undertaken at a time when most End Users’ usage is least affected.

(3) Kidibizi may conduct identity checks and ask for proof to establish the existence and ownership of a business and the identification of a Business Owner. The Business Owner agrees promptly (and in any event within any period requested by Kidibizi) to supply to Kidibizi such proof of identity or of a business’s existence or its ownership as Kidibizi requests. Each Business Owner acknowledges that failure to comply with any such request constitutes a breach of these B2B Terms.

(4) Kidibizi complies with its Privacy Policy. The Privacy Policy provides further details. Kidibizi may where necessary (including to prevent fraudulent behaviour of a third party) give a Business Owner's phone number to an End User. The Business Owner accepts that it has read the Site’s Privacy Policy and consents to the processing of data as outlined in those policies.

9.  Intellectual Property

All content that appears on this site, and the Site itself, is owned by KidiBizi and is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.

10.  Rights and Obligations of Business Owner

(1) The Business Owner must submit accurate data about their personal identity and payment details and warrants that it has the authority to advertise the business and its goods or services in the Listing.

(2) The Business Owner warrants that all of the information they provide to Kidibizi is accurate and up-to-date, including, but not limited to any and all representations about its goods or services.

(3) The Business Owner must not include in any Listings or communications with an End User any links or references to any other websites, or anything directing traffic away from the Kidibizi platform, the Site or the Property that is the subject of a Listing, unless agreed with Kidibizi in advance.

(4) Business Owners are required to keep their account login details secret and not to pass them on to third parties or use them to provide shared access for example over a network. Business Owners should use a password which is unique to their use of the Site – they must not use the same password as is used for another site or email account. Should any Business Owners notice that their account is being used by an unauthorised third party, they should immediately report the matter to Kidibizi and change their password.

(5) The Business Owner must check the Listing before submitting it to Kidibizi to ensure that it does not violate any applicable laws or regulations. The Business Owner is solely and exclusively responsible for the consequences of non-compliance with any law applicable with respect to the content of the Listing. Kidibizi hereby disclaims any liability for the verification of compliance with any laws applicable in advertisements published by a Business Owner.

(6) The Business Owner is solely responsible for billing, accounting and settlement to the competent authorities for any tax, fee or fees (including GST, where applicable) on income received. All fees we charge to Business Owners include GST unless otherwise stated.

(7) The Business Owner must have current public liability insurance as appropriate for their business.

(8) Photographs included in a Listing should not include children or adults if you do not have their legal consent, or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party.

(9) We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse Kidibizi’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.

(10) No Listing may be transferred to another party. In the event of a property sale or change in property management, Kidibizi will provide guidance on options for creating a new Listing.

(11) Kidibizi reserves the right to transfer this Agreement, and to assign or subcontract any or all of its rights and obligations under this Agreement, to a third party but will not do so in such a way as to reduce any guarantees given to the Business Owner under this Agreement.

(12) If any Listing is in breach of this Agreement, Kidibizi reserves the right to suspend or terminate the relevant Listing or all Listings associated with the Business Owner in accordance with this Agreement.

11.  Proprietary Rights of the Content

(1) Where a Business Owner submits to or transmits through the site or Kidibizi’s platform or systems any content of any type, including text or images, the Business Owner undertakes that it has the right to do so, and has been granted the necessary consents.

(2) To the extent that Business Owners’ Listings and other submissions may contain trademarks, Business Owners warrant that they have the right to use them, including sublicensing rights.

(3) By submitting any form of content to the Site (including photographs), the Business Owner authorises Kidibizi and each of its Kidibizi Affiliates to reproduce in whole or in part, display and disseminate the content in connection with the performance of this Agreement and in the promotion of the Site. Kidibizi may also provide such content to its affiliates and third party service providers for the same purpose.

12.  Prohibitions

(1) The Business Owner shall not directly or indirectly:

(a)  With respect to the Site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
(b)  Monitor content on the site or communications with End Users by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site;
(c)  Use the Site or Kidibizi’s platform or systems for purposes other than those referred to in these B2B Terms;
(d)  Reproduce any portion of the Site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
(e)  Upload or send to the Site any content or programs, which on account of their size or nature, might damage Kidibizi’s computers or networks;
(f)   Include content on the Site or Kidibizi’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
(g)  Use or access the Site or Kidibizi’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, "virus" includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);
(h)  Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered "phishing" (whether primary, secondary or other) or that would give rise to criminal or civil liability;
(i)  Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
(j)  Refer to Kidibizi or any Kidibizi Affiliate in any way that might lead someone to believe that the Business Owner, goods or services, Listing or website is sponsored by, affiliated with, or endorsed by Kidibizi or any Kidibizi Affiliate; or
(k) Take any actions that may have a negative impact on a Listing of another Business Owner;
(l)  Substitute a Property in a Listing for another Property without the prior consent of Kidibizi.

(2) In the event of any breach of this clause by a Business Owner, including a failure to pay any fees when due, Kidibizi reserves the right to suspend, amend, down-tier or terminate the relevant Listing or all Listings associated with the Business Owner in accordance with these B2B Terms.

13.  Right of Blocking, Suspension or Withdrawal of Listings

If the Business Owner is in breach of this Agreement, or is late in paying the subscription fee or any other charges, or if a third party requests the removal of a Listing on the basis of an alleged violation of trademarks, copyrights, or legislation relating to the protection of privacy and / or personal data, or for any other valid reason and that the Business Owner cannot prove to Kidibizi that it has the right to publish this content (including images and / or photographs), Kidibizi has the right to amend, block or delete a Listing, temporarily or permanently, without any notice to the Business Owner and without prejudice to any other legal measure.

14.  Links to Third Party Sites

This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third party site, such as a social media site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.

15.  Responsibility of Business Owner

The Business Owner will be held solely and exclusively responsible for all the financial consequences resulting from damage to Kidibizi due to content or any program transmitted or sent by the Business Owner that results in any damage to the hardware of Kidibizi, including damaging the system or data or by causing the failure of such system or faults therein. The financial consequences mentioned above include reasonable legal fees.

16.  Indemnification

Business Owner agrees to defend, indemnify and hold harmless Kidibizi and each Kidibizi Affiliate, and their respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties against Kidibizi or any Kidibizi Affiliate alleging or arising out of or in connection from:

(a) any content or material the Business Owner submits or provides for inclusion on the Site;

(b) any use by the Business Owner of the Site;

(c) your dealings with any End Users or prospective End Users; and

(d) any breach of this Agreement on the part of the Business Owner.

17.  Limitation of Liability of Kidibizi

(1) In the event of a breach by Kidibizi of this Agreement, its total liability will be limited to the amount paid by the Business Owner to Kidibizi in connection with the publication of the Listing on the Site.

(2) Kidibizi accepts no liability whatsoever relating to the content of your Listing on the Site, your goods or services or your business or your dealings with any End Users or prospective End Users.

(3) To the extent permitted by law, we exclude all conditions and warranties relating to the Site. In particular, we do not make any representations or warranties that the Site will be uninterrupted or error free. Nor do we make any representation or warranty about the success of the Site or likely success of advertising your business and its good or services on the Site. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, it will be limited, at our option, to the re-supply, repair or replacement of the goods or services or the payment of the cost of having them re-supplied, repaired or replaced.

(4) In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, goodwill, data or opportunity) arising out of, based on, or resulting from the Site, your use of the Site and/or any transaction between users, even if Kidibizi has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the Site or Kidibizi’s platform or systems, or you do not agree with any part of this Agreement, then your sole and exclusive remedy against Kidibizi is to discontinue using the Site. In all events, our liability to you or any third party in any circumstance arising out of or in connection with the Site is limited to the greater of (a) the amount of fees you pay to us in the six months prior to the action giving rise to liability, and (b) $1000.00 in the aggregate.

(5) Nothing in this Agreement shall exclude or restrict Kidibizi liability for death or personal injury resulting from its negligence; for Kidibizi’s fraud or fraudulent misrepresentation; or any other liability of Kidibizi's that cannot be excluded at law.

18.  Contacting Us

(1) Any messages should be sent to Kidibizi at: hello@kidibizi.com.au

(2) Notices regarding infringements of copyright must specify the following:

a. your address, telephone number and email;
b. detailed information about the content concerned (display of the image or text), including a link to the Site; and
c. a formal declaration showing that you: (i) are the holder of the exclusive user right to the work; and (ii) have not authorised the use of the relevant material in this form.

19.  Applicable Law 

This agreement is governed by the laws in force in New South Wales, and you submit to the exclusive jurisdiction of the courts in that State.

20.  Other Provisions

This Agreement comprises the entire agreement between you and us and supersedes all prior understandings, agreements or representations. You may not assign this Agreement without our prior written consent. No delay or waiver by us in enforcing any provision of this agreement will be deemed a waiver of our rights. If a term of this Agreement is or becomes invalid or unenforceable, the validity and enforceability of the remainder of this Agreement will not be affected.

END USER TERMS AND CONDITIONS

 

Last Updated: This policy was last updated on 26-April-2020

 

 1.  Introduction

 

1.1 Kidibizi Pty  (“Kidibizi”) provides an on-line platform and various tools, services, and functions which enable Business Owners to list their business and allow end users to contact such businesses (together the “Services”).  Services are provided via www.kidibizi.com.au and also via mobile applications (for mobile phone, tablet and other devices or interfaces) (collectively, the "Site").

 

1.2 These terms and conditions (the “End User Terms”) together with the Privacy Policy govern the relationship between Kidibizi and any individual using or accessing the Site and any of the content or services available through it as a user or potential user, and who is not using it in their capacity as a Business Owner (each, a “User” or “you”). Users include people who use the Site to access information about businesses, whether for business or leisure purposes from Business Owners.

 

1.3 The End User Terms constitute a legally binding agreement between Kidibizi and the User. By using or accessing the Site or Kidibizi’s platforms or systems, you acknowledge that you agree to and are subject to these End User Terms as well as our Privacy Policy on behalf of yourself. If you do not accept and agree to the End User Terms without modification, you are not authorised to access or otherwise use the Site.

 

1.4 Kidibizi does not authorise anyone to register with, or to otherwise use, this Site unless they have the capacity to enter into legally binding contracts.

 

1.5 Kidibizi may revise these End User Terms at any time by posting an updated version to this web page.  You should visit this page periodically to view the most current End User Terms because they are binding on you. Any changes made after you have made a booking will not affect that booking unless we are required to make the change by law.

 

2.  Overview

 

2.1 This Site is a place where Users can view listings of, and obtain information about, businesses (each a "Business" and together the “Businesses”) by others, including Business Owners (each, a “Business Owner” and collectively with a user, the “Users”).

 

2.2 The Site acts only as a platform for users to interact with Business Owners. Kidibizi is not, and does not become, a party to any contractual relationship between the User and the Business Owner in respect of any business transaction or payment, and does not mediate between the User and the Business Owner in the event of any dispute arising between them. You acknowledge and agree that the User and the Business Owner will be responsible for performing the obligations of any such agreements, that Kidibizi is not a party to such agreements, and that, Kidibizi disclaims all liability arising from or related to any such agreements. This is true even if the Site facilitates a transaction with a Business Owner or the use of other services, as Kidibizi is not a party to any agreement between Users and Business Owners.

 

2.3 Users are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any Services and any transaction they enter into either on the Site or in connection with their use of the Site. Users should please note that Business Owners are responsible for and agree to abide by all laws, rules and regulations applicable to the listing of their Business and the conduct of their business. Please be aware that even though we are not a party to any transaction and assume no liability for legal or regulatory compliance pertaining to any Business Listed on the Site, there may be circumstances where we are nevertheless obligated or required (as we may determine in our sole discretion) to provide information relating to any listing in order to comply with governmental or regulatory body  investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.

 

2.4 The Site contains Listings (defined below) provided by Business Owners and content from other third parties. Such content is the responsibility of the Business Owner or third party creator of the content. We have no responsibility for such content as we merely provide access to the content as a service to you and provide you with the facility to communicate directly with the Business Owner to enquire about a Business and transact directly with the Business Owner. All bookings you make are made directly with the Business Owner and your contract will be with the Business Owner. Kidibizi has no liability to you for the Business Owner’s provision of any goods or services. We do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information in the Listings or any opinions/content posted by third parties.

 

3.  Business Listings and Interaction with Business Owners

 

3.1 Please note that Business Owners are entirely responsible for all of the information, including images, text and other content, relating to the Business, goods and or services they offer (“Listings”), for updating them and ensuring (where relevant) that they are correctly translated.

 

3.2 If a user finds a Business in which they are interested, they can send an information request to the Business Owner (an “Enquiry” or “Enquiries”) stating their surname, email address and telephone number, along with any requested information. Users that use the Site to send enquiries, or who register with us may receive our newsletter and other communications. Users may opt-in to receiving newsletters when sending enquiries or opt-out of receiving newsletters or cancel their subscription to these email newsletters at any time, although it may take a short while for the changes in your preferences to become effective.

 

3.3 The Business Owner may communicate with the User directly in connection with an inquiry and Users and Business Owners may also communicate with each other via the Site (and via other tools offered from time to time on the Kidibizi platform).

 

3.4 Enquiries sent by a user to a Business Owner on the Site, may include User’s personal information (including email address, phone numbers and other information the User provides) and the Business Owner may use such personal information in order to respond to the User.

 

3.5 Kidibizi has no responsibility for or otherwise stated involvement in, the communications between the Business Owner and User.

 

4.  Google Services

 

4.1 Kidibizi may use Google Analytics to gather statistics on Site usage.  There are more details in the Privacy Policy and in Google’s own privacy policy.  Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube.  You understand and accept that the Kidibizi Group has no control over Google’s data collection.

 

5.  Rights and Obligations of Kidibizi

 

5.1 Kidibizi will endeavour to reproduce accurately on the Site any photographs supplied by Business Owner. However, User acknowledges that deviations from original photos can occur when scanning non-digital images or due to individual screen settings, and that Kidibizi shall have no responsibility or liability for any such deviation.

 

5.2 Further, you acknowledge that each Business Owner and not Kidibizi is responsible for the accuracy with which the photos and descriptions depicting or describing the relevant Business.

 

5.3 Kidibizi may occasionally undertake upgrades and maintenance of the Site, its platforms and systems. These works may result in restrictions on usage. Kidibizi will, where possible, aim to ensure that such works are undertaken at a time when most Users’ usage is least affected.

 

5.4 User verification on the Internet is difficult and we cannot and do not assume any responsibility for verification of each user's purported identity. We encourage Users and Business Owners to communicate directly with each other through the tools available on the Site (however, even this cannot guarantee the identity of the person with whom you are communicating). We further encourage Users to take other reasonable measures to assure yourself of a Business Owner's identity and of the Business and relevant details of your booking or proposed booking.

 

5.5 You acknowledge and agree that Kidibizi is not responsible for checking the identity, or for the behaviour, of Business Owners or for establishing the nature, condition or existence of a Business.

 

5.6 Kidibizi reserves the right to transfer these End User Terms, and to assign or subcontract any or all of its rights and obligations under these End User Terms, to a third party or to any other entity belonging to the Kidibizi Group, but will not do so in such a way as to reduce any guarantees you are given under these End User Terms.

 

5.7 Search order for Listings will fluctuate based on a variety of factors such as search parameters, Listing quality, how frequently a calendar is updated, User preferences, Business Owner response times, our commission level, compliance with our published requirements, booking history, online booking capability and other factors that Kidibizi may deem important to the user experience from time to time. Kidibizi reserves the right to apply various search algorithms or to use methods to optimize search results for particular Users’ experiences and the overall marketplace.  Listings may not always appear in search results. Search results and order may appear different on Kidibizi’s mobile application than they appear on its website. To optimize the search experience for both Business Owners and Users and improve the search process, Kidibizi retains the right to run tests that will be limited in duration but may alter how we display Listings and search results.

 

6.  Intellectual Property

 

6.1 All content that appears on the Site is protected by copyright and other applicable intellectual property rights.  To the maximum extent permitted by law, reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.

 

6.2 Users are permitted to download, display or print individual pages of the Site to evidence any agreement with Kidibizi and to retain a copy of their bookings.

 

6.3 Where a user submits to or transmits through the Site (or Kidibizi’s platform or systems) any content of any type, including text or images, the User undertakes that it has the legal rights to do so.

 

6.4 By submitting any form of content to the Site (including but not limited to all text, descriptions, reviews, photographs, and the like), the User grants Kidibizi a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable (through multiple tiers) right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform any such content throughout the world in any media.

 

7.  User Communications and Reviews

 

7.1 Users must provide only accurate, complete and truthful information concerning communications on the Site.

 

7.2 Messages sent via Kidibizi’s systems should only relate to genuine inquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind.  It is prohibited to misuse Kidibizi’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. You agree that you will protect other users’ personal information with the same degree of care with which you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.

 

7.3 Kidibizi complies with its Privacy Policy. The User consents to the collection, use and handling of their data as outlined in the Privacy Policy. Users should note, Business Owners have generally authorised Kidibizi to forward the Business Owner’s contact details, including telephone number, to Users in connection with an enquiry and vice versa.

 

8.  Indemnification

 

You agree to defend, indemnify and hold harmless Kidibizi and its shareholders, officers, directors, employees and agents against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought or occasioned by third parties alleging, arising out of, or in connection with: (a) any material or content you provide in connection with the Site; (b) your use of the Site (including, without limitation, any content on the Site);  (c) any breach by you of these End User Terms; or (d) your use of the Business. Kidibizi will provide notice to you promptly of any such claims.

 

9.  Prohibitions

 

The User must not directly or indirectly:

 

  • with respect to the Site, its content, and databases comprised in the Site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
  • monitor content on the Site or Kidibizi’s platform or systems by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or adverts for Businesses available for booking, or any subset of the same or which is in the business of providing services that compete with the Kidibizi);
  • use the Site or Kidibizi’s platform or systems for purposes other than those referred to in these End User Terms;
  • reproduce any portion of the Site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or any other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
  • upload or send to the Site (or Kidibizi’s platform or systems) any contents or programs, which on account of their size or nature, might damage Kidibizi’s computers or networks;
  • include content on the Site (or Kidibizi’s platform or systems) that breaches any applicable criminal or other laws, or encourages any such breach;
  • use or access the Site or Kidibizi’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus” includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);
  • post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability; or
  • post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material.

 

10.  Right to Delete Content

 

Users are responsible for ensuring that their communications, and content posted, through or in connection with the Site, including User Reviews and communications with Business Owners, do not infringe applicable law, the rights of any person or entity, or contain false information, personal insults, anything libellous, slanderous or defamatory, anything that infringes copyright or data protection law.  Kidibizi may review any content on the Site or Kidibizi’s platform or systems and delete it or alter it when it is no longer accurate or up-to-date.  Without prejudice to any other available remedies, Kidibizi shall be entitled immediately to remove from the Site any communications or content that infringes these requirements.

 

11.  Notifications

 

Any messages to us may be sent to hello@kidibizi.com.au

 

12.  Liability of Kidibizi

 

12.1 The Site is merely a platform allowing you to view Businesses listed on the Site, communicate with Business Owners in respect of any queries or questions you may have, or to transact with a Business Owner for goods or services supplied by it. We accept no liability in relation to any contract you enter into with a Business Owner or for any goods or services you purcahse, nor do we accept liability for the acts or omissions of any Business Owners or other person(s) or party(ies) connected with the Business.  For all Businesses, your contract will be with the Business Owner and their terms and conditions will apply to your booking.  These terms and conditions may limit and/or exclude their liability to you and you should read them carefully before making a booking.

 

12.2 We do not provide liability insurance protection for Business Owners, business managers, or Users. Users are advised to obtain suitable insurance to cover their transactions with a Business Owner, including in the event they have to cancel their transaction. It is the User’s responsibility to ensure that the insurance it purchases is adequate and appropriate for the User’s particular needs.

 

12.3 To the extent permitted by law, but subject to clause 12.4, in no event will the Kidibizi Group or any of its subsidiaries, affiliates, officers, directors, consultants, agents and/or employees or any third party provider of a tool offered on any site of a member of the Kidibizi Group be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the Site or Kidibizi’s platform or systems, any materials or content you submit to the Site, and your use of the Site and/or any transaction between users, even if Kidibizi has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the Site (or the Kidibizi platform or systems) or you do not agree with any part of these End User Terms, then your sole and exclusive remedy against Kidibizi is to discontinue using the Site. Nothing in these End User Terms shall exclude or restrict Kidibizi Group’s liability for death or personal injury resulting from its negligence; nor for Kidibizi Group’s fraud or fraudulent misrepresentation.

 

12.4 Nothing in these End User Terms affects any rights you may have and which by law cannot be excluded, including under the Competition and Consumer Act 2010 (Cth) (including, without limitation, under the Australian Consumer Law, contained in Schedule 2 of that Act) and under State and Territory consumer protection legislation.

 

13.  Disputes

 

13.1 Kidibizi is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.

 

13.2 You agree to first give us an opportunity to resolve any disputes or claims relating in any way to the Site, these End User Terms, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting us. If we are not able to resolve your Claims within 60 days, you may seek relief through small claims court.

 

13.3 These Terms of Use are governed by the laws of New South Wales, Australia. Use of this Site is unauthorised in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

 

14.  Miscellaneous

 

14.1 These End User Terms and the Privacy Policy constitute the entire agreement between Kidibizi and User relating to their subject matter.

 

14.2 Kidibizi recommends that you save your own copy of these End User Terms in a separate file on your device or in print-out form.

 

14.3 Kidibizi’s failure to act with respect to a breach of these End User Terms by the User or others does not waive Kidibizi’s right to act with respect to subsequent or similar breaches.

 

14.4 The headings are for ease of reference only and do not affect the interpretation or construction of these End User Terms.

 

14.5 The invalidity of one or more provisions of these End User Terms shall not affect the validity of the other provisions.

 

KIDIBIZI PRIVACY POLICY

KIDIBIZI (the “company”) is committed to maintaining robust privacy protections for its users.  Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Service.  

For purposes of this Agreement, “Service” refers to the Company’s service which can be accessed via our website at kidibizi.com.au in which users can search for Kids Activities.  The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of Service. By accepting our Privacy Policy and Terms of Use (found here), you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

This Privacy Policy follows the standards of the Australian Privacy Principles set by the Australian Government for the handling of Personal Information under the Privacy Act 1988 (Cth) (Privacy Act).

By publishing this Privacy Policy we aim to make it easy for our customers and the public to understand what Personal Information we collect and store, why we do so, how we receive and/or obtain that information, and the rights an individual has with respect to their Personal Information in our possession.

1.  INFORMATION WE COLLECT  We collect “Non-Personal Information” and “Personal Information.”  Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks.  Personal Information includes your email and any preferences for which you submit to us if you choose to register on the Site.

1.1.  Information collected via Technology   To use the website you do not need to submit any Personal Information. If you choose to register on the site you will need to provide you email address.  To use the Service thereafter, you do not need to submit further Personal Information.  However, in an effort to improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you.  We track this information using cookies, or small text files which include an anonymous unique identifier.  Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive.  Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. 

The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.  

1.2.  Information you provide us by registering for an account  In addition to the information provided automatically by your browser when you visit the Site, to register a profile on the site and manage preferences you will need to create a personal profile.  You can create a profile by entering your email address, and creating a user name and a password. You can also Log in Facebook or Login with Google. By registering, you are authorising us to collect, store and use your email address in accordance with this Privacy Policy.

From time to time, we may ask you for more information so that we can make our content more relevant and valuable to you. We may ask you to provide demographic information such as the number of children and marital status and activity preferences. You will always be given a choice whether to provide such information.

2.  HOW WE USE AND SHARE INFORMATION

2.1 Personal Information:  Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with vendors who are performing services for the Company, such as the servers for our email communications who are provided access to user’s email address for purposes of sending emails from us.  Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy.

In general, the Personal Information you provide to us is used to help us communicate with you.  For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.

2.2 Non-Personal Information  In general, we use Non-Personal Information to help us improve the Service and customize the user experience.  We also aggregate Non-Personal Information in order to track trends and analyse use patterns on the Site.  This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion.

In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred.  You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy.  If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices.  We suggest that you check the Site periodically if you are concerned about how your information is used.

3. HOW WE PROTECT INFORMATION  We implement security measures designed to protect your information from unauthorised access.  Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use.  We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology.  However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.  By using our Service, you acknowledge that you understand and agree to assume these risks.

4.  YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION  You have the right at any time to prevent us from contacting you for marketing purposes.  When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail.  You can also indicate that you do not wish to receive marketing communications from us in the “Settings” section of the Site.  Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the Settings section of the Site, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policies.

5.  LINKS TO OTHER WEBSITES  As part of the Service, we may provide links to or compatibility with other websites or applications.  However, we are not responsible for the privacy practices employed by those websites or the information or content they contain.  This Privacy Policy applies solely to information collected by us through the Site and the Service.  Therefore, this Privacy Policy does not apply to your use of a third party website accessed by selecting a link on our Site or via our Service.  To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application.  We encourage our users to read the privacy statements of other websites before proceeding to use them.

6.  CHANGES TO OUR PRIVACY POLICY  The Company reserves the right to change this policy and our Terms of Service at any time.  We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site.  Significant changes will go into effect 30 days following such notification.  Non-material changes or clarifications will take effect immediately. You should periodically check the Site and this privacy page for updates.

7.  CONTACT US  If you have any questions regarding this Privacy Policy or the practices of this Site, please contact us by sending an email to hello@kidibizi.com.au 

Last Updated: This Privacy Policy was last updated on 26/04/2020

 

KIDIBIZI COMPETITION TERMS AND CONDITIONS

  1. You must be 18 years of age or over and an Australian resident to enter this competition.
    An entrant must be an individual and not a company or organisation.
  2. Participation in this competition is deemed acceptance of these Terms and Conditions. The promoter reserves the right not to award the prizes if the entrant fails to meet these terms.
  1. No responsibility is taken for late, lost, misdirected or delayed entries.
  1. Prizes are not redeemable for cash or transferable and the promoter accepts no responsibility for any variation of these prizes.
  1. The entry method is by going to www.kidibizi.com.au and using the competition form to enter your details.
  1. Entry via fake Facebook profile will result in disqualification and you may be asked for proof of identification to verify this.
  1. Entry to the competition is free.
  1. Only one entry per person is accepted.
  1. Employees of the promoter, sponsors or any person associated with the prize are ineligible to enter.
  1. The judging will commence within 24 hours of the closing date and the winners will be notified by the email address they provided in the competition widget. If the email is returned undeliverable or there is no response is received or within 48 hours the competition will be rejudged and another winner identified. No responsibility will be accepted for emails which are misdirected or end up in the spam folder.
  1. The winner will have their full name published on the Kidibizi website www.kidibizi.com.au and on their Facebook and Instagram pages.
  1. Kidibizi reserve the right to use the winners name, image, text or voice for promotional purposes for an unlimited time period without remuneration.
  1. Kidibizi’s decision is final. No correspondence will be entered into.
  1. The Promoter accepts no responsibility for changes in Competition dates or dates, times or values of prize components, for any incomplete, late, lost or misdirected entries or for any inability for any entrant to access, view or load the Website. In the event the Promoter postpones or varies the Competition or any elements of a prize, it (and any party associated with the Competition) will not be liable to any person for any loss or damage of any kind (including but not limited to indirect or consequential loss or loss or damage caused by the Promoter’s or other party’s negligence) arising out of, or in connection with, the postponement or variation of the Competition or a prize, nor will the Promoter or other party be liable for any loss, damage, payment or expense of any kind (including but not limited to indirect or consequential loss or damage caused by the Promoter’s or other party’s negligence) or personal injury or other damage suffered or sustained as a result of entering, judging, running, cancellation or acceptance, enjoyment or use of the Competition or a prize or any aspect of or access to the Website. While the Promoter takes care to ensure all information relating to the Competition is correct, it does not warrant the accuracy or completeness of all information provided and will not be liable for any inaccuracy, omission or error. Entrants should make their own enquiries to verify all information provided.
  1. The Promoter reserves the right in its discretion, subject to any approval or directions from regulatory bodies, at any time during the Competition Period to vary, withdraw, postpone or cancel the Competition or any prize including where in the Promoter’s opinion no entry satisfies the entry requirements or it cannot conduct the Competition or grant a prize for any other reason beyond its control.
  1. Entrants should understand that they are providing their information to the promoter and competition sponsors and not to Facebook. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
  1. All entrants will automatically be subscribed to the Kidibizi newsletters. You can unsubscribe at any time.
  1. The competition organiser/promoter of this competition is Kidibizi, Moverly Road, South Coogee 2034. Phone 0413877166 ABN 22 736 949 502
  1. The sponsors are Kidibizi (www.kidibizi.com.au) and the competition sponsor as noted in the editorial.

Promotions are in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.

 

Why list with Kidibizi?

 

  • You can join our hub for FREE to try it out! You can choose at any time to upgrade to one of our plans to reach more of your target market.

  • We have an AMAZING search engine! Be found by your target audience + parents will love you

  • Exposure to our followers - increase your customers and online presence

  • Schools, OOSH and NFP join for free forever

Find out more...

Why list with Kidibizi?

  • You can join our hub for FREE to try it out! You can choose at any time to upgrade to one of our plans to reach more of your target market.

  • We have an AMAZING search engine! be found by your target audience & parents will love you!

  • Exposure to our followers - increase your customers and online presence

  • Schools, OOSH and NFP list for free forever