By registering, listing or reviewing an eatery or to use in any way the kidseatfreeguide.com.au website, it’s associated services and functionality (“website”) you agree to be bound by this agreement (“agreement”). Eatery refers to restaurants, cafes, food carts, bistros and any other business that sells food to the public.
This agreement is formed between you, the business/service promoted on this website (kidseatfreeguide.com.au, which may also be referred to as ‘KEFG’) and
Kids Eat Free Guide (ABN 74 332 736 018) (“Kids Eat Free Guide”, “we” and “us”).
Kids Eat Free Guide reserves the right to amend or modify this agreement at any time. These modifications/amendments shall become effective immediately once updated on the website. It is recommended that you keep up to date with the current agreement, especially when making changes and/or purchases.
Eatery Listing Guidelines
To participate in the KEFG, your eatery must be located and operated from within Australia. For the purposes of this website, Australia is defined as all areas contained within Australian Lands. This is not negotiable.
Those eateries found to not meet the location guidelines above will be removed immediately and no refunds will be offered.
To join The Kids Eat Free Guide web page and promote your business/service you must register online and pay all applicable fees.
We reserve the right to refuse participation of any businesses/ services/ community group at our discretion.
Membership Registration and Use
You will need to be a registered member of the site to submit an eatery to the directory listings or to add any other content. This includes making changes and accessing some features of the website.
You are solely responsible for any or all activity that occurs on your account. You are obliged to keep your account password secure.
You may not use another member’s account.
You agree to notify us immediately should you suspect or become aware of any unauthorised use of your account or password.
When registering your eatery, you must provide personal information such as your name and your current contact details. You agree to provide complete, and accurate information and to keep this information current.
Each listing is verified by us so you must provide enough information for us to speak to somebody at the eatery who can verify the kids eat free deal should we check it. We reserve the right to check these details at random intervals to ensure the correctness of the information.
It is your responsibility to ensure kids eat free days/times are kept current for your listing. We do not update these details.
Use Of The KEFG Website
You agree and acknowledge that
- All information you provide submitted to this website is true and correct.
- You will make every effort to keep all details of your listing as up to date and relevant as possible. You will remove any materials that are no longer applicable/ accurate i.e. lids eat free days and hours which you have previously provided.
- Any pictures used on your page must be a true representation of your business, your product or service and shall not be misleading in any way
- You agree and acknowledge that, unless indicated otherwise, Kids Eat Free Guide are not the supplier of the goods and/or services that you are promoting via the KEFG website.
- You are the provider of the goods / services for which the discounts and special offers are redeemable. As such, it is your responsibility to provide the services promoted through the KEFG.
- You are not under any obligation to offer preferential treatment to Kids Eat Free Guide members. However, you agree to offer equal service / products to KEFG members accessing any applicable or advertised discounts offered via the KEFG website.
- The prices of services, delivery and other charges shown are to be in Australian dollars and shall include 10% GST where applicable unless otherwise stated.
- You understand if you change your listing on the KEFG website the changes may not take immediate effect and we take no responsibility for this. Changes may take up to 24 hours to be visible for website visitors due to caching.
- All changes/ material submitted is subject to final approval by Kids Eat Free Guide.
- Kids Eat Free Guide reserves the right to disapprove without explanation the publishing of any materials submitted for inclusion in the KEFG website.
You agree not to access (or attempt to access) any part of the website by any means other than through the interface provided by us.
You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with written consent from Kids Eat Free Guide.
You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the KEFG website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the KEFG or the content therein.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
To the extent allowed by law and except as expressed to the contrary in this agreement, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) including consequential loss relating in any way to the content and/or website including, but not limited to, loss or damage you might suffer as a result of:
- errors, mistakes or inaccuracies on the website;
- you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
- defamatory, harmful, offensive or unlawful conduct of any user of the website;
- personal injury or property damage of any nature resulting from your access to, and use of, the website.
- any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from our website;
- any bugs, viruses, Trojan horses or other malevolent code or communications which may be transmitted to or through our website by any third party; and/or
- failures in relation to the merchantability or fitness for any purpose of any goods or services offered or provided on any linked sites.
- We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of goods and /or services.
- Except if and to the extent only required by law, we do not warrant to you, endorse, guarantee or assume responsibility for any goods or services advertised, offered by or acquired from a third party through the website or any linked website or featured in any banner or other advertising. Where any law (including the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth)) implies a warranty into this agreement which may not be lawfully excluded, then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law. To the extent permissible at law that liability will not exceed the price paid to Kids Eat Free Guide by you for the product in question.
If you are found to be in breach of any of the terms and conditions of this site your page can be removed without notice. No refunds will be given.
Supply/Termination Of Website Services To You
We will provide the services with due care but do not warrant to you that the website will be provided without fault or disruption.
Kids Eat Free Guide reserves the right to change any aspect of the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software that you used prior to the change.
We will not be liable to you for the termination of the KEFG website for any reason whatsoever.
Should you fail to comply with these Terms and Conditions; provide misleading information or make any misrepresentation to us or to any participant in connection with the KEFG; are abusive or offensive to any of our or our participants or staff, we may terminate your account or restrict your access to the website. If happens you may, to the extent permissible at law, be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so and no refunds will be offered.
You may cancel this service at any time with 30 days’ notice in writing. Cancellation requests are to be made in writing to email@example.com. No cancellation fees are charged, however no refunds will be offered for accounts paid in advance.
Additional Information About This Website
You understand and agree that, barring the extent required by law, we do not accept liability for erroneous or inadequate information supplied to us by you.
You are responsible for the material provided to us for display on the website. Kids Eat Free Guide in good faith relies upon the information supplied by you and is not obliged to independently check the accuracy of the content submitted.
All content submitted may be reviewed prior to being uploaded to the KEFG website. We reserve the right to deny the publishing of content as we see fit.
Advertising on the KEFG website
Children under the age eighteen (18) years cannot advertise on the KEFG. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should Kids Eat Free Guide suffer any damage or other losses as a result of a transaction entered into by a minor, Kids Eat Free Guide reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Kids Eat Free Guide.
Prices of goods and services are current at time of display but are subject to change without notice.
All payments must be received in full prior to a listing being published.
Refunds or other Problems
KEFG promotional packages are to the extent permissible at law, non-refundable and cannot be exchanged or redeemed for cash because you have changed your mind or are unable to use the KEFG promotional package.
Kids Eat Free Guide accepts no liability (including for loss or damage, whether direct or indirect) for any act, omission or default, whether negligent or otherwise of any provider or third party.
Users of our products, services and web site are advised to do their own due diligence when it comes to making business decisions and all information, products, and services that have been provided should be independently verified by your own qualified professionals. Our information, products, and services on this web site should be carefully considered and evaluated, before reaching a business decision, on whether to rely on them.
You agree that our company is not responsible for the success or failure of your business decisions relating to any information presented by our company, or our company products or services.
You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated. Any offensive content will be removed.
You understand that we do not control and are not responsible for content made available through the website unless it originates from us. By using the website, you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk and to the extent permissible at law we do not accept liability in this regard. We request you report such content to us if possible.
As a member, you agree that you are responsible for any content submitted, posted or made available through the website via your account. You may not post (or allow) content to be posted through your account that:
- you do not have the right to post;
- is defamatory or in contempt of any legal or other proceedings;
- is misleading or deceptive;
- incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
- denounces religious or political beliefs;
- includes religious or political material which is or is likely to be offensive;
- is indecent, obscene, hateful, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
- infringes any copyright, trade mark, patent or other intellectual property right of another person;
- contains any unsolicited or unauthorised advertising or promotional material;
- contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
- impersonates any person or misrepresents your relationship with any person.
We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the website without giving any reasons.
You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
Links To Third Party Websites
Our website may include links to other websites, content or resources. These links may be operated by third parties and we may have no responsibility or control over them.
KEFG does not endorse these linked websites, content or resources. You acknowledge that we may not have reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. You are not permitted to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features without our prior consent.
Other trademarks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.
We do not claim ownership of content members submit. However, by corresponding with us or contributing content to the website in circumstances where it is reasonable from the context of your communication to expect that you intend the correspondence or communication to be made accessible to other users of the website, then you automatically grant, and you represent and warrant to Kids Eat Free Guide that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, perform, display and distribute the content and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content.
Transfer And Assignment
Should Kids Eat Free Guide merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
Privacy And Personal Information
- We collect personal information through the member registration process and when you place an order with us.
- Online payments are handled by PayPal, or stripe which are both secure external third party service providers. We do not see or store your credit card or banking details. Please check the paypal.com.au website for their privacy and security policies.
- Our server may log (and we may have access to) details about any computer used to access the website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.
- Your personal information will only be used for the purpose for which it was provided. You agree to us using your email address to send you messages concerning your membership account, any orders you place and (where you have opted in to receive it) information generally about the products sold by us.
- Please indicate if you would like to discontinue receiving promotional emails about the KEFG. There will also be an unsubscribe option on each email.
- We do not give information about you to government agencies, organisations or anyone else with the following exceptions:
- you have consented;
- you would expect us to;
- it is required or authorised by law;
- it will prevent or lessen a serious and imminent threat to somebody’s life or health; or
- the disclosure is reasonably necessary for law enforcement.
- You may request we remove your personal information from our database by either emailing us or using the contact form on the website.
- You consent to the transfer of personal information in the circumstances set out in “links to third party websites”
Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. You may do this by sending us an email to firstname.lastname@example.org
We will not be held liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
Nothing in these Terms and Conditions limits your rights under the Australian Consumer Law.
If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.