Ownership

The Our Family Village website, http://www.ourfamilyvillage.com, the Our Family Village social media pages, including but not limited to Facebook, Twitter, Instagram and LinkedIn, and the OUR FAMILY VILLAGE device application (herein collectively referred to as “Application”) is owned by Our Family Village Pty Ltd (ABN 47 621 253 334) (“us, our or we”).

Please read these terms and conditions carefully before using the Application.

Acceptance

Your use of the Application constitutes your agreement to be bound by these terms and conditions and all other terms, conditions and disclaimers on the Application (the “Terms and Conditions”).  By continuing to use the Application, you agree to be bound by the Terms and Conditions.  If you do not agree to the Terms and Conditions, you must stop using the Application immediately.

We may vary, add, change or delete any part of the Terms and Conditions, or the Application, at any time, and for any reason without prior notification to you, and we will not be liable in any way for possible consequences of such changes. You are responsible for reviewing all information provided on the Application including these Terms and Conditions each time prior to using the Application.

Use of Application

You must comply with all laws in connection with your use of the Application. You must not do any of the following:

  • Data mine or conduct automated searches on the Application;
  • Transmit any virus or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information available through the Application;
  • Use the Application or any information made available through the Application to send unsolicited emails or other messages without our prior consent;
  • Use of any automatic device or manual process to monitor or copy any part of the Application;
  • Incorporate any of the content on the Application with any other material, including advertising or promotional material;
  • Create links from the Application to any other application or website on the internet, or frame or mirror the Application; or
  • Tamper with or make unauthorised modifications to the Application or the content of the Application.

Your Content

You may from time to time upload content onto the Application including photographs or recordings including of your voice or image, profile, other information about you  which does not fall within the definition of personal information (collectively all of the content referred to in this paragraph is herein referred to as “your content”).

Subject to the rights and licence under these Terms and Conditions and unless agreed otherwise, you retain all right, title and interest in your content. This means that copyright in your content will remain with you and that you can continue to use the material in any way, including allowing others to use it. By submitting your content to us, you automatically grant to us a worldwide, fully-paid, royalty-free, non-exclusive, fully sub-licensable, and transferable right and licence to use, reproduce and distribute your content (in whole or in part) as we, in our sole discretion, deem appropriate (acting reasonably). We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in your content.

You acknowledge and accept that your content may be published on the Application or on any of our social media pages or any other media (electronic or print). We have the right to edit, alter, delete, move or share any material, such as images, profiles, event listings, articles, blogs or comments submitted via or for upload onto the Application. We may review your content before publishing it or reproducing it and we reserve the right in our sole discretion, to reject any of your content (in whole or part) which we deem inappropriate.

We reserve the right to display advertisements in connection with your content and to use your content for advertising and promotional purposes.

You warrant that all content that you post, upload or provide to us:

  • is complete, factual, up to date and accurate;
  • does not contravene any law, regulations, industry codes or policies and in particular, does not infringe any third party right or any intellectual property right (and that you have the right to reproduce, distribute or otherwise use your content for the purposes set out in these Terms and Conditions and as otherwise agreed to between you and us);
  • is not of a nature that may directly or indirectly affect us, our Personnel or our other contributor’s reputations or bring us, our Personnel or our other contributors into disrepute.

If any of your content becomes out of date, is incorrect or inaccurate, or no longer complies with these Terms and Conditions, you must immediately notify us.

Disclaimer and exclusion of warranties and guarantees

No warranty or guarantee:  You use the Application at your own risk.  To the extent permitted by law, the Application is provided to you on an “as is” and “as available” basis without guarantee or warranty of any kind express or implied.  To the extent permitted by law we exclude any express or implied warranties or guarantees under statute or general law in connection with the Application and any associated goods or services.

Content Disclaimer: Information on the Application is compiled from various sources.  Accordingly, we warn you that information on the Application may not be true, accurate, up-to-date, complete and not misleading.  We do not invite reliance upon and does not accept responsibility, or liability for information provided within or associated with, the Application.

Third Party Information:  The Application may from time to time contain third party information and links to other websites or applications as a convenience to you.  We do not control, endorse, check or approve third party information or content or information or content on linked websites or applications.  A link to another website or application does not imply any endorsement of that website or application or its products or services.

No Guarantee of Uninterrupted or fault free use:  You acknowledge that access to the Application may be interfered with or affected by numerous factors, many of which are outside our control (including, without limitation malfunction in equipment or software, internet access difficulties or delay or failure in transmission).  Your access to the Application may not be continuous, uninterrupted, timely, secure, fault free or virus free.  You should ensure that your computer software and systems are protected against viruses and any other damage they might sustain as a result of using the Application.

Release

You unconditionally release us, our directors, employers and agents from all liabilities, actions, demanding loss, damage, costs and expenses (including legal costs on a full indemnity basis) incurred or suffered by you directly or indirectly in connection with your access to, or use of, the Application.

Indemnity

You are liable for and indemnify us and our directors, employees and agents against all actions, demands, liabilities, loss, damage, cost or expenses (including legal costs on a full indemnity basis) incurred or suffered by us or our directors, employees and agents directly or indirectly in connection with: (a) your use of the Application; (b) any information you post or permit to be displayed on the Application; or (c) your breach of these Terms and Conditions.

Liability for your third parties

You are responsible for the acts and omissions of your employees, contractors and agents as if they were your own acts or omissions.

Intellectual Property

© Our Family Village 2017. All rights reserved.

We own or are a licensee of all copyright and other intellectual property in the Application and its content (including, without limitation all information, text, graphic, software, advertisements and trade marks (if any) on the Application (the “Content”).  You must not modify, copy, reproduce, republish, frame or create derivative works, upload a third party, post, transmit or distribute the Content in any way except for your own personal, non-commercial, use, information, research or study (but only if you keep all Content intact and in the same form as presented on the Application).

OUR FAMILY VILLAGE™ is a trade mark of Samantha Szirom.

All other trade marks appearing on the Application are the property of their respective owners.

Entire Agreement

These Terms and Conditions and the Privacy Policy constitute the entire agreement between the parties hereto with respect to the subject matter hereof. Notwithstanding, these Terms and Conditions may be amended by us from time to time without notice to you.

Governing Law

These Terms and Conditions are governed by the laws of Victoria, Australia. You irrevocably submit to the jurisdiction of the courts of Victoria, Australia.

Enforceability and Legality

Any provision of, or the application of any provision of, these Terms and Conditions which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

Any provision of, or the application of any provision of, these Terms and Conditions which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction

To get in touch with Our Family Village or for any further information, please contact us.