Terms of service

Last updated: 14 July 2020

1.Introduction and your agreement to these Terms of Use.

1.1 Welcome to www.joykids.com.au (Website).

1.2 These terms and conditions of use (Terms of Use) are deemed to incorporate this Website's privacy policy (Privacy Policy) which is available on this Website and which you should read together with these Terms of Use. You acknowledge and agree that you consent to the Terms of Use and the Privacy Policy. The provisions of the Privacy Policy apply as if set out in full in these Terms of Use.

1.3 These Terms of Use, including the Privacy Policy, govern your access to and use of this Website, including any: (i) software, database, information, content or materials that are located on, form part of or are available through or in connection with this Website (Website Material); and (ii) services and products provided through or in connection with this Website (Services). If you visit, access or shop at this Website you are deemed to agree to these Terms of Use. If you do not agree to these Terms of Use, you must immediately exit and not access or use this Website. These Terms of Use create a legally binding agreement between you and the Company.

2.Changes to these Terms of Use
The Company may from time to time (with or without notice to you) amend or update these Terms of Use at its sole discretion. Accordingly, you should ensure that you regularly review them. We will endeavour to notify all Registered Users of any material or significant changes to these Terms of Use via the email address provided to us. However, the Terms of Use applicable to your access to and use of this Website is the current version displayed on this Website at the time you access or use this Website. By continuing to access or use this Website after such changes, you are deemed to agree to be bound by such changes.

3.Different types of Users

3.1 Subject to these Terms of Use, any person may access or use this Website via the internet without registering with or disclosing any personally identifying information to the Company (Unregistered User).

3.2 The Company may refuse any request for registration. Unregistered Users and Registered Users are referred to collectively in these Terms of Use as Users. The Company may make varying levels of functionality available to different Users, depending on whether they are Unregistered Users or Registered Users.

4.Registration

4.1 If you wish to become a Registered User, you must provide the Company with certain true and correct information about yourself (User Registration Information), as requested by the relevant registration page on this Website. Information requested may include some or all of the following information, your: email address; name; title; date of birth; home address; country of residence; telephone number; employer/organization name; and office address.

5.Intellectual Property Rights

5.1 All intellectual property rights (including copyright, database rights and trade mark rights) subsisting in, relating to or arising out this Website, the Website Material or the Services are owned by and vest in the Company (or its licensors).

5.2 You acknowledge and agree these Terms of Use do not transfer any right, title or interest in the Company's (or its licensors') intellectual property rights to you.

5.3 You agree that the Company may: (i) edit or delete your User Material; (ii) link your User Material to other material, including User Material submitted by other Users or material created by the Company and/or other third parties; (iii) use your User Material for its business purposes, including to promote, market or advertise this Website and the Company; and (iv) directly or indirectly commercially benefit from your User Material.

5.4The Company does not claim any ownership rights in your User Material, however, by submitting User Material you are deemed to grant the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to download, use, modify, distribute, copy, reproduce in a material form, publish, perform or cause to be heard or seen in public, communicate to the public, make an adaptation of and enter into commercial rental arrangements in respect of that User Material.

6.Prohibited activities

6.1 You must not submit, post, upload, email or otherwise send or transmit to this Website, or any User anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this Website.

6.2You must not interfere with this Website or the servers or networks underlying or connected to this Website or violate any of the procedures, policies or regulations of this Website or any networks connected to this Website.

6.3You must not impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose.

7.Cessation of services

The Company may (with or without notice to you) modify, restrict, prevent or withdraw your access to or use of this Website for any reason whatsoever or for no reason, including where the Company believes that you are in breach of these Terms of Use.

8.Indemnity by you

You must indemnify and hold harmless the Company (and its officers, employees and representatives) against all losses, liabilities and costs (including legal expenses) sustained, incurred or suffered by the Company (or its officers, employees and representatives) as a result of your breach of these Terms of Use or any violation by you of any laws or the rights of any person.

9.Other websites

The Company is not responsible for the policies and practices of internet websites operated by persons other than the Company, even if: (i) you access them using links on this Website; or (ii) are directed or link to this Website using links on such websites and recommends that you carefully review the terms and conditions of use and privacy policy of every internet website you access or use.

10. Changes to this Website

The Company may (with or without notice to you) make changes to this Website, the Website Material, and the Services.

11.Limitation of liability

11.1Nothing in these Terms of Use is intended to exclude, restrict or modify any rights that the User may have under the Competition and Consumer Act 2010 (Cth) (CCA) or any other applicable legislation which may not be excluded, restricted, or modified by agreement.

12.Delivery of Goods

You acknowledge and agree that delivery times in relation to products ordered through the Website are an estimate only.

13.Returns

The Company does not take title to returned items until the item arrives at the return address nominated by the Company.