Power Up Terms and Conditions for Individual Users

This Agreement is made between you and Quirky Kid Pty Ltd, ABN 60 606 832 606 of  Unit 2, Level 1, 83 – 85 Queen Street, Woollahra NSW 2025.

By clicking on the “Register Now”, "Buy Now' or "Start Now" button and/or paying your registration, you are indicating your acceptance of the terms and conditions of this Licence Agreement and agree to be bound by it.

Introduction

These terms and conditions govern your use of this website and its content; by making a payment and using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Power Up website and/or associated materials.

About these website terms and conditions

License to use website

Unless otherwise stated, The Quirky Kid Clinic and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. The license to access the website is only valid for 6 months. You may view and download for caching purposes only the web pages and files within the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website)
  • sell, rent or sub-license material from the website
  • show any material from the website in public
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
  • edit or otherwise modify any material on the website
  • redistribute material from this website except for content specifically and expressly made available for redistribution.
  • Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable Use

  • You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  • You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Radio2ooo’s express written consent.
  • You must not use this website to transmit or send unsolicited commercial communications.
  • You must not use this website for any purposes related to marketing without Quirky Kid's  express written consent.

Restricted access

Access to certain areas of this website is restricted. Quirky Kid reserves the right to restrict access to other areas of this website, or indeed this entire website, at Quirky Kid’s discretion. Quirky Kid provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential and only used by you.

Quirky Kid will disable your user ID and password in after the 6 months expire date of your access.

User Content

  • In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
  • You grant to Quirky Kid a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Quirky Kid the right to sub-license these rights, and the right to bring an action for infringement of these rights.
  • Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Quirky Kid or a third party (in each case under any applicable law).
  • You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or another similar complaint. Quirky Kid reserves the right to edit or remove any material submitted to this website, or stored on Quirky Kid’s servers, or hosted or published upon this website.
  • Notwithstanding Quirky Kid’s rights under these terms and conditions in relation to user content, Quirky Kid’s does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

  • This website is provided “as is” without any representations or warranties, express or implied. Quirky Kid’s makes no representations or warranties in relation to this website or the information and materials provided on this website.
  • This material is not intended to treat a mental health presentation. If you experience any psychological difficulties you should consult with health professionals. This material does not guarantee that your performance will improve. It is intended as a psycho-educational material.

Without prejudice to the generality of the foregoing paragraph, Quirky Kid does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.
  • Nothing on this website constitutes or is meant to constitute, an advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.

Limitations of liability

Quirky Kid will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Quirky Kid has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

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