KIDZ MENU – WEBSITE TERMS OF USE
Welcome!
Kidz Menu provides a collection of recipe and venue listings developed with children and families in mind. The website provides access to a broad range of recipe and venue listings, including categories for ‘free from’ foods, family friendly recipes, lunch box ideas and puree suggestions, eating out and party venues.
This website (Site) is operated by M.L Bassily & R Bassily (ABN 33 992 860 633) trading as Kidz Menu (we, our or us). It is available at: kidzmenu.com.au and may be available through other addresses or channels.
How you consent to these terms of use
If you access and/or use our Site, you are taken to have agreed to these terms of use (Terms) and you are taken to agree you have read our Privacy Policy (available on our Site) and which sets out how we will collect and handle your personal information. Please read these Terms carefully – if you don’t agree to them, then you must cease using our Site immediately.
Information on our Site
Please note that any information and materials on our Site (our Content) is not comprehensive and is for general information purposes only, this includes any statements that a recipe or venue is suitable for a particular dietary requirement or age group.
Content does not take into account your specific needs, objectives or circumstances, and it is not advice. It is your responsibility to review the Content, in the context of your and your family’s requirements and to make your own assessment of whether a particular recipe or venue is suitable for you or anyone else. Before acting on any Content on the Site, or third party material you should consider (if necessary, with the assistance of a medical professional such as your general practitioner or a dietician) whether the information is appropriate for you in light of your particular objectives, situation and needs.
While we use reasonable attempts to ensure the accuracy and completeness of our Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Your licence to use our Site
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Please share our Content but please don’t take it!
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of our Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or our Content. We grant you a licence to view, access, download for your personal use and share our content with others, including via social media platforms as long as you include an attribution and link back to our Site.
Other than as expressly permitted by these Terms, you must not:
(a) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party without correctly attributing that Content to us and linking back to our Site; or
(b) otherwise breach any intellectual property rights connected with our Site or our Content.
Competitors are excluded from using our Site
You are prohibited from using our Site, including our Content, in any way that competes with our business.
Our Site is for your personal use only
We’ve designed our Site for you to use it personally, and not on a commercial basis. You must not use our Site, or any of our Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity.
Conduct we don’t accept
When you use our Site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Site, which we would consider inappropriate or which might bring us or our Site into disrepute. This includes (without limitation):
(c) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(d) using our Site to defame, harass, threaten, menace or offend any person;
(e) interfering with any user using our Site;
(f) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
(g) using our Site to send unsolicited electronic messages; or
(h) facilitating or assisting a third party to do any of the above acts.
Reviews and Comments
We may include functionality to allow you to review and comment on the Content on our Site (Review). Reviews can be viewed by any user.
You are encouraged to be specific and factual in your Reviews and you agree to provide true, fair and accurate information in your Review. If you have been offered an incentive to write a Review, you should include information about this in your Review.
If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. However, we do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
Advertising Content
You may notice third party advertisements on our Site (Advertising Materials). These Advertising Materials allow us to offer our Site to you free of charge. However, any Advertising Materials displayed on our Site have been created by a third party and are not our Content.
We do not endorse or approve, and are not responsible for any third party advertisement that may be displayed on our Site.
Third party sites
Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.
What happens if we discontinue our Site
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Site or our Content, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free or free from viruses; or
(c) our Site will be secure.
You read, use and act on our Site and our Content at your own risk.
Our liability is limited
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or our Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.
Indemnity
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Terminating these terms
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Dealing with a problem
If you would like to give us feedback, please contact us – we appreciate your input. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
If a part of these Terms isn’t right
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
When we make changes to these terms of use
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Content is subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Which laws govern these terms of use
Your use of our Site and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
M.L Bassily & R Bassily (ABN 33 992 860 633) trading as Kidz Menu
Email: admin@kidzmenu.com.au
Last update: 07 June 2021
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