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WEBSITE TERMS AND CONDITIONS

Effective Date: 28th October 2023

These terms and conditions (hereinafter “Terms”) govern Your use of the following website (which is hereinafter referred to as “the Product”): www.cloverdaleeec.com.au

The Product is owned and operated by: Cloverdale Early Education and Care (ABN 72 097 877 346)

These Terms constitute a binding contract between You and: Cloverdale Early Education and Care (ABN 72 097 877 346).

In connection with Your use of the Product, we may also provide You with access to various other content, documentation, materials, information, goods, or services. In these Terms, we refer to all of these items collectively as “the Items.”

These Terms will govern Your use of all pages of the Product, as well as Your use of the Items.

If You continue to use the Product, You acknowledge that You have been given the chance to review the Terms. You acknowledge that You understand the Terms and that You agree to be bound by the Terms.

If You do not understand the Terms, if You do not agree to be bound by the Terms, or if You need more time to review and consider the Terms, then You must stop using the Product immediately.

1. DEFINITIONS

“Company IP” includes, but is not limited to, the contents, layout, design, colours, appearance, graphics, and imagery of the Product, Content, and Materials as well as all copyrights, trademarks, trade secrets, patents, and other intellectual property contained in the Product, Content, and Materials.

“Content” means any content, writing, images, audiovisual content, or other information published on the Product.

“Contract” means these terms and conditions.

“Dispute” means any dispute, controversy, or claim arising out of or in relation to these Terms, including any dispute, controversy, or claim relating to the existence, validity, or termination of these Terms.

“Effective Date” means the date that these Terms come into force.

“Identifying Information” means the information provided by You when registering to use the Items, including but not limited to Your name and email address, a user name, and a password.

“Items” means any and all of the Product, Content, and Materials collectively.

“Materials” means any materials, information, or documentation that We may provide to You in connection with Your use of the Product, including documentation, data, information developed by Us or owned by Us, and other materials that may assist in Your use of Product.

“Parties” means both You (the user of the Product) and Us (the owner of the Product) collectively.

“Product” means the website, including all pages, all sub-pages, all blogs, all forums, all other connected pages, and all other connected internet content whatsoever, the home page or main page of which is located at: www.cloverdaleeec.com.au

2. INTERPRETATION

In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:

I. Words referring to one gender include every other gender.

II. Words referring to a singular number include the plural, and words referring to a plural include the singular.

III. Words referring to a person or persons include companies, firms, corporations, organizations, and vice versa.

IV. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

3. YOUR AGREEMENT AND REPRESENTATIONS

a. By continuing to use the Product and the Items You warrant and acknowledge that You have had the chance to review and consider the Terms, that You understand the Terms and that You agree to be bound by the Terms. If You do not understand the Terms or do not agree to be bound by them then you must stop using the Items immediately. We only agree to provide use of the Items to You if You agree to these Terms.

b. By continuing to use the Product and the Items You represent and warrant to Us that You have legal capacity to enter these Terms.

c. By continuing to use the Product and the Items You represent and warrant to Us that You have complied with all of these Terms.

4. AGE RESTRICTION

a. In order to use the Items, You must be aged at least 15 years.

b. By using the Items, You represent and warrant that You are aged at least 15 years.

c. We accept no responsibility or liability for any misrepresentation of Your age.

5. LICENCE TO USE PRODUCT, CONTENT AND MATERIALS

a. We may provide You with certain other Items in connection with Your use of the Product.

b. Subject to these Terms, We grant You a license to use the Product, Content, and Materials solely in connection with Your use of the Items. The license created under these Terms is non-exclusive, limited, non-transferable, worldwide, and revocable.

c. You may not use the Product, Content, or Materials for any purpose other than in accordance with the license that is provided under this clause, and this license to use the Product, Content, and Materials terminates upon Your cessation of use of the Items or upon termination of this Contract.

6. EXCLUSION OF LIABILITY

a. The Product, Content, and Materials are provided for general information only and may change at any time without prior notice.

b. You accept and acknowledge that the Items may contain mistakes, errors, and inaccuracies.

c. Your use of the Product, Content, and Materials is entirely at Your risk. It is Your responsibility to make sure that any Goods, Services, Materials, Content, or other information available through the Product suits Your particular purpose.

d. Neither We, nor any third parties, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of the Items.

e. To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations, or terms (whether express or implied) except for those expressly set out in these Terms.

f. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose

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