This Agreement applies as between you, the User of the Positive Co-Parenting Website (this Website) and Positive Co-Parenting Pty Ltd, the Owner(s) of the Positive Co-Parenting Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Positive Co-Parenting Website. Clauses 3 and 12 – 14 apply only to the sale of Positive Co-Parenting Pty Ltd's Products and / or Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Positive Co-Parenting Website immediately.
No part of the Positive Co-Parenting Website is intended to constitute a Contractual Offer capable of acceptance. Your Purchase constitutes a Contractual Offer and Positive Co-Parenting Pty Ltd's acceptance of that Offer is deemed to occur upon Positive Co-Parenting Pty Ltd sending a confirmation email to you indicating that your Purchase has been accepted.
In this Agreement the following Terms shall have the following meanings:
"Account": means collectively the personal information, payment information and credentials used by users to access paid content and / or any communications system on the Positive Co-Parenting Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Positive Co-Parenting Website;
"Facilities": means collectively any online facilities, tools, Products and / or Services or information that Positive Co-Parenting Pty Ltd makes available through the Positive Co-Parenting Website either now or in the future;
"Products": means collectively any online courses, whether facilitated face to face courses or self paced courses, templates, e-books, books, blogs, resources or other digital or tangible item sold by Positive Co-Parenting Pty Ltd on the Positive Co-Parenting Website.
"Services": means the Services available to you through the Positive Co-Parenting Website, specifically your use of Positive Co-Parenting Pty Ltd's proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Products and / or Services from the Positive Co-Parenting Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Positive Co-Parenting Pty Ltd's place(s) of business located in Australia;
"System": means any online communications infrastructure that Positive Co-Parenting Pty Ltd makes available through the Positive Co-Parenting Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Positive Co-Parenting Website and is not employed by Positive Co-Parenting Pty Ltd and is acting in the course of their employment;
"Website": means the Positive Co-Parenting Website that you are currently using (www.positiveco-parenting.com) and any sub-domains of the Positive Co-Parenting Website, unless expressly excluded by Positive Co-Parenting Pty Ltd's own Terms and Conditions; and
"We/Us/Our": means Positive Co-Parenting Pty Ltd, a Company incorporated in Australia with Australian Company Number 677138680, located in Sydney, NSW, Australia.
Persons under the age of 18 should use the Positive Co-Parenting Website only with the supervision of an Adult. Payment information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Positive Co-Parenting Pty Ltd's Products and / or Services in the course of business.
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4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all content included on the Positive Co-Parenting Website, unless uploaded by users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Positive Co-Parenting Pty Ltd, Positive Co-Parenting Pty Ltd's Affiliates or other relevant third parties. By continuing to use the Positive Co-Parenting Website you acknowledge that such material is protected by applicable Australian and International Intellectual Property and other Laws.
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4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Positive Co-Parenting Website unless otherwise indicated on the Positive Co-Parenting Website or unless given express written permission to do so by Positive Co-Parenting Pty Ltd.
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5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to Positive Co-Parenting Pty Ltd and / or the manufacturers or distributors of such products as may be applicable.
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5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Positive Co-Parenting Website or unless given express written permission to do so by Positive Co-Parenting Pty Ltd or the the relevant manufacturer or supplier.
Material from the Positive Co-Parenting Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
The Positive Co-Parenting Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Positive Co-Parenting Pty Ltd or that of Positive Co-Parenting Pty Ltd's Affiliates. Positive Co-Parenting Pty Ltd assumes no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on the Positive Co-Parenting Website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to the Positive Co-Parenting Website on other sites may do so only to the home page of the Positive Co-Parenting Website (www.positiveco-parenting.com) without Positive Co-Parenting Pty Ltd's prior permission. Deep linking (i.e. links to specific pages within the Positive Co-Parenting Pty Ltd Website) requires Positive Co-Parenting Pty Ltd's express written permission. To find out more please contact Positive Co-Parenting Pty Ltd by email at hello@positiveco-parenting.com.
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9.1 When using any System on the Positive Co-Parenting Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
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9.1.1 You must not use obscene or vulgar language;
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9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
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9.1.3 You must not submit Content that is intended to promote or incite violence;
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9.1.4 It is advised that submissions are made using the English language as Positive Co-Parenting Pty Ltd staff may be unable to respond to enquiries submitted in any other languages;
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9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any Applicable Laws;
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9.1.6 You must not impersonate other people, particularly employees and representatives of Positive Co-Parenting Pty Ltd or Positive Co-Parenting Pty Ltd's Affiliates; and
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9.1.7 You must not use any System for unauthorised mass-communication such as "spam" or "junk mail".
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9.2 You acknowledge that Positive Co-Parenting Pty Ltd reserves the Right to monitor any and all communications made to Positive Co-Parenting Pty Ltd or using the Positive Co-Parenting System.
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9.3 You acknowledge that Positive Co-Parenting Pty Ltd may retain copies of any and all communications made to Positive Co-Parenting Pty Ltd or using the Positive Co-Parenting System.
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9.4 You acknowledge that any information you send to Positive Co-Parenting Pty Ltd through the Positive Co-Parenting System may be modified by Positive Co-Parenting Pty Ltd in any way and you hereby waive your moral Right to be identified as the author of such information. Any restrictions you may wish to place upon Positive Co-Parenting Pty Ltd's use of such information must be communicated to Positive Co-Parenting Pty Ltd in advance and Positive Co-Parenting Pty Ltd reserves the Right to reject such terms and associated information.
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10.1 In order to procure Products and / or Services on the Positive Co-Parenting Website and to use certain other parts of the Positive Co-Parenting System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Positive Co-Parenting Website as Positive Co-Parenting Pty Ltd may not require Payment Information until you wish to make a purchase. By continuing to use the Positive Co-Parenting Website you represent and warrant that:
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10.1.1 all information you submit is accurate and truthful;
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10.1.2 you have permission to submit Payment Information where permission may be required; and
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10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
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10.2 It is recommended that you do not share your Account details, particularly your Username and Password. Positive Co-Parenting Pty Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
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10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Positive Co-Parenting Pty Ltd immediately to suspend your Account and cancel any Unauthorised Payments for Products and / Services that may be pending. Please be aware that Purchases can only be cancelled up until provision of Positive Co-Parenting Pty Ltd's Services have commenced or any physical item / product has been sent. In the event that an unauthorised provision commences prior to your notifying Positive Co-Parenting Pty Ltd of the unauthorised nature of the Purchase then you shall be charged for the period from the commencement of the provision of Positive Co-Parenting Pty Ltd's Products and / or Services until the date you notified Positive Co-Parenting Pty Ltd and may be charged for a Billing Cycle of one month.
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10.4 When choosing your Username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
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11.1 Either Positive Co-Parenting Pty Ltd or you may terminate your Account. If Positive Co-Parenting Pty Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, Positive Co-Parenting Pty Ltd reserves the right to terminate without giving reasons.
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11.2 If Positive Co-Parenting Pty Ltd terminates your Account, any Current or Pending Purchases on your Account will be cancelled and provision of Positive Co-Parenting Pty Ltd's Products and / or Services will not commence.
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12.1 Whilst every effort has been made to ensure that all general descriptions of Products and / or Services available from Positive Co-Parenting Pty Ltd corresponds to the actual Products and / or Services that will be provided to you, Positive Co-Parenting Pty Ltd is not responsible for any variations from these descriptions as the exact nature of the Products and / or Services may vary depending on your individual requirements and circumstances. This does not exclude Positive Co-Parenting Pty Ltd's liability for mistakes due to negligence on Positive Co-Parenting Pty Ltd's part and refers only to variations of the correct Positive Co-Parenting Pty Ltd's Products and / or Services, not different Positive Co-Parenting Products and / or Services altogether. Please refer to sub-Clause 13.8 for incorrect Positive Co-Parenting Pty Ltd's Products and / or Services.
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12.2 Where appropriate, you may be required to select the required Plan of Products and / or Services.
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12.3 Positive Co-Parenting Pty Ltd neither represent nor warrant that all Products and / or Services will be available at all times and cannot necessarily confirm availability until confirming your Purchase. Availability indications are not provided on the Positive Co-Parenting Website.
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12.4 All Pricing information on the Positive Co-Parenting Website is correct at the time of being published online. Positive Co-Parenting Pty Ltd reserves the Right to change any Pricing and alter or remove any Special Offers from time to time and as necessary.
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12.5 In the event that Pricing is changed during the period between an Purchase being made for Products and / or Services and Positive Co-Parenting Pty Ltd processing that Purchase and taking Payment, then the Pricing that was valid at the time of the Purchase shall be used.
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13.1 No part of the Positive Co-Parenting Website constitutes a Contractual Offer capable of Acceptance. Your Purchase constitutes a Contractual Offer that Positive Co-Parenting Pty Ltd may, at Positive Co-Parenting Pty Ltd's sole discretion, accept. Positive Co-Parenting Pty Ltd's acceptance is indicated by Positive Co-Parenting Pty Ltd sending to you a Purchase Confirmation email. Only once Positive Co-Parenting Pty Ltd has sent you an Purchase Confirmation email will there be a Binding Contract between Positive Co-Parenting Pty Ltd and you.
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13.2 Purchase Confirmations under Sub-Clause 13.1 will be sent to you before Services begin and shall contain the following information:
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13.2.1 Confirmation of the Products and / or Services Purchased including full details of the main characteristics of those Services;
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13.2.2 Fully itemised Pricing for the Products and / or Services Purchased including, where appropriate, taxes, delivery and other additional charges;
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13.2.3 Relevant times and dates for the delivery of Products / provision of Services;
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13.2.4 User credentials and relevant information for accessing Products and / or Services.
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13.3 If Positive Co-Parenting Pty Ltd, for any reason, does not accept your Purchase, no Payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that Purchase will be refunded within 14 calendar days.
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13.4 Payment for Products and / or Services shall be taken via your chosen Payment Method as indicated in the Purchase Confirmation you received.
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13.5 Positive Co-Parenting Pty Ltd aims to fulfil your Purchase within a reasonable period following your Payment, unless there are exceptional circumstances. If Positive Co-Parenting Pty Ltd cannot fulfil your Purchase within a reasonable period, Positive Co-Parenting Pty Ltd will inform you at the time you place your Purchase by a note on the relevant Positive Co-Parenting Website Page or by contacting you directly after you make your purchase. Time is not of the essence of the Contract, which means Positive Co-Parenting Pty Ltd will aim to fulfil your Purchase within any agreed timescales but this is not an essential Term of the Contract and Positive Co-Parenting Pty Ltd will not be liable to you if Positive Co-Parenting Pty Ltd do not do so. If the Services are to begin within 14 calendar days of Positive Co-Parenting Pty Ltd's acceptance of your Purchase, at your express request, you will be required to expressly acknowledge that your Statutory Cancellation Rights, detailed below in Clause 14, will be affected.
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13.6 Positive Co-Parenting Pty Ltd shall use all reasonable endeavours to provide Services with reasonable skill and care, commensurate with best trade practice.
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13.7 In the event that Products and / or Services are provided that are not in conformity with your Purchase and thus incorrect, you should contact Positive Co-Parenting Pty Ltd immediately to inform Positive Co-Parenting Pty Ltd of the mistake. Positive Co-Parenting Pty Ltd will ensure that any necessary corrections are made as soon as possible.
- Additional Terms and Conditions may apply to the supply of certain products/provision of certain Services. You will be asked to read and confirm your Acceptance of any such Terms and Conditions when completing your Purchase.
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13.8 Positive Co-Parenting Pty Ltd provides technical support via email (hello@positiveco-parenting.com). Positive Co-Parenting Pty Ltd makes every effort possible to respond in a timely manner, however, Positive Co-Parenting Pty Ltd does not guarantee a particular response time.
Positive Co-Parenting Pty Ltd wants you to be completely satisfied with the Products or Services you purchase from the Positive Co-Parenting Website. If you need to speak to Positive Co-Parenting Pty Ltd about your Purchase, then please email Positive Co-Parenting Pty Ltd (hello@positiveco-parenting.com). All Purchases are final and are non-refundable once Positive Co-Parenting Pty Ltd has processed payment for the Purchase.
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14.1 If you are a consumer based within the European Union, you have a Statutory Right to a “Cooling Off” period for Services purchased. This period begins once your Purchase for Services is confirmed and the Contract between Positive Co-Parenting Pty Ltd and you is formed, and ends at the end of 14 calendar days after that date. If you change your mind about the Services purchased within this period and wish to cancel the Services purchased, please inform Positive Co-Parenting Pty Ltd immediately using the following email: hello@positiveco-parenting.com. Your Right to cancel during the Cooling Off period is subject to the provisions of Sub-Clause 14.2.
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14.2 As specified in Sub-Clause 13.6, Services Purchased begin within the Cooling Off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day Cooling Off period you acknowledge and agree to the following:
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14.2.1 If the Services are fully performed within the 14 calendar day Cooling Off period, you will lose your Right to cancel after the Services are complete.
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14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Positive Co-Parenting Pty Ltd that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 14 working days and in any event no later than 28 working days after you inform Positive Co-Parenting Pty Ltd that you wish to cancel.
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14.3 Cancellation of Services after the 14 calendar day Cooling Off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a Minimum Contract Duration.
Refunds for Items Purchased will be given only if the Item(s) Purchased is returned to Positive Co-Parenting Pty Ltd unopened and in it's original packaging within 14 days of receipt by the purchaser. The costs associated with the returns of any product(s) are the full responsibility of the customer to pay, unless an incorrect item has been sent to the customer in error, or the item was damaged upon arrival. No Refunds for Change Of Mind are provided.
Use of the Positive Co-Parenting Website is also governed by Positive Co-Parenting Pty Ltd's Privacy Policy (www.positiveco-parenting.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view Positive Co-Parenting Pty Ltd Privacy Policy, please click on the link above.
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16.1 All personal information that Positive Co-Parenting Pty Ltd may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your Rights under that Act.
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16.2 Positive Co-Parenting Pty Ltd may use your personal information to:
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16.2.1 Provide Positive Co-Parenting Pty Ltd's Products and / or Services to you;
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16.2.2 Process your payment for Positive Co-Parenting Pty Ltd's Products and / or Services; and
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16.2.3 Inform you of new Products and Services available from Positive Co-Parenting Pty Ltd. You may request that Positive Co-Parenting Pty Ltd stop sending you this information at any time.
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16.3 In certain circumstances (if, for example, you wish to purchase Positive Co-Parenting Pty Ltd'S Products and/or Services on credit), and with your consent, Positive Co-Parenting Pty Ltd may pass your personal information on to Credit Reference Agencies. These Agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
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16.4 Positive Co-Parenting Pty Ltd will not pass on your personal information to any other third parties without first obtaining your express permission.
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17.1 Positive Co-Parenting Pty Ltd makes no warranty or representation that the Positive Co-Parenting Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. Positive Co-Parenting Pty Ltd makes no guarantee of any specific results from the use of Positive Co-Parenting Pty Ltd's Products and / or Services.
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17.2 No part of the Positive Co-Parenting Website is intended to constitute advice and the content of the Positive Co-Parenting Website should not be relied upon when making any decisions or taking any action of any kind.
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17.3 No part of the Positive Co-Parenting Website is intended to constitute a Contractual Offer capable of Acceptance.
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17.4 Whilst Positive Co-Parenting Pty Ltd uses reasonable endeavours to ensure that the Positive Co-Parenting Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
Positive Co-Parenting Pty Ltd reserves the Right to change the Positive Co-Parenting Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Positive Co-Parenting Website following the changes. If Positive Co-Parenting Pty Ltd is required to make any changes to these Terms and Conditions by Law, these changes will apply automatically to any Purchases currently pending in addition to any Purchases made by you in the future.
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19.1 The Positive Co-Parenting Website is provided “as is” and on an “as available” basis. Positive Co-Parenting Pty Ltd uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. Positive Co-Parenting Pty Ltd gives no warranty that the Positive Co-Parenting Website or Facilities will be free of defects and / or faults and Positive Co-Parenting Pty Ltd does not provide any kind of refund for outages. Positive Co-Parenting Pty Ltd provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
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19.2 Positive Co-Parenting Pty Ltd accepts no liability for any disruption or non-availability of the Positive Co-Parenting Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
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20.1 To the maximum extent permitted by Law, Positive Co-Parenting Pty Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Positive Co-Parenting Website or any information contained therein. You should be aware that you use the Positive Co-Parenting Website and its Content at your own risk.
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20.2 Nothing in these Terms and Conditions excludes or restricts Positive Co-Parenting Pty Ltd's liability for death or personal injury resulting from any negligence or fraud on the part of Positive Co-Parenting Pty Ltd.
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20.3 Nothing in these Terms and Conditions excludes or restricts Positive Co-Parenting Pty Ltd's liability for any direct or indirect loss or damage arising out of the incorrect provision of Products and / or Services or out of reliance on incorrect information included on the Positive Co-Parenting Website.
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20.4 In the event that any of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that Term or Condition is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This Term shall apply only within Jurisdictions where a particular Term or Condition is illegal.
In the event that any party to these Terms and Conditions fails to exercise any Right or Remedy contained herein, this shall not be construed as a waiver of that Right or Remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the Provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any Rights upon any third party. The Agreement created by these Terms and Conditions is between you and Positive Co-Parenting Pty Ltd.
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24.1 All notices / communications shall be given to Positive Co-Parenting Pty Ltd by email to Positive Co-Parenting Pty Ltd (hello@positiveco-parenting.com). Such notice will be deemed received 7 days after sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
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24.2 Positive Co-Parenting Pty Ltd may from time to time, if you opt to receive it, send you information about Positive Co-Parenting Pty Ltd's Products and/or Services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Positive Co-Parenting Pty Ltd.
These Terms and Conditions and the relationship between you and Positive Co-Parenting Pty Ltd shall be governed by and construed in accordance with applicable local Laws, and Positive Co-Parenting Pty Ltd and you agree to submit to the exclusive Jurisdiction of Australia.
