Part A - Use of the Website

• 1 Capacity
• 1.1By visiting, browsing and/or using the Website, you warrant to Kid U Not that you:
• (a)are 18 years of age or older;
• (b)are entering into a legally binding agreement with Kid U Not;
• (c)will comply with and not breach, these Terms and Conditions;
• (d)will not continue your use of this Website if you do not agree to any of the provision(s) of these Terms and Conditions;
• (e)will not engage in any fraudulent, illegal or unauthorised use of the Website as such use shall constitute a breach of these Terms and Conditions; and
• (f)will not engage in any activity that causes, or is likely to cause, any disruption or damage to the regular and normal operation of the Website, or the servers and networks that host the Website.
• 2 Member Accounts
• 2.1In order for you to become a Member of the Website, you must create a Member Account on the Website.
• 2.2By creating a Member Account, you agree to provide accurate, complete and up-to-date Member Account Information. You agree to immediately update your Member Account Information if any of the information contained therein changes.
• 2.3Upon registration of your Member Account, Kid U Not authorises and verifies your Member Identification.
• 2.4You agree that your Member Identification is personal to you and that access to, or use of, the Website by any other person or entity using your Member Identification constitutes unauthorised use of the Website. You agree to prevent any such unauthorised use of the Website by keeping your Member Identification secure.
• 2.5You are solely responsible for any and all access to, and use of, the Website when such use and/or access is granted pursuant to your Member Identification. You agree to inform us immediately of any actual, potential or threatened unauthorised use of the Website pursuant to your Member Identification.
• 2.6Kid U Not reserves the right to refuse registration of a Member Account, or to terminate an existing Member Account, where Kid U Not considers it appropriate. It may be appropriate for Kid U Not to take such action when a Member Account is opened in a fraudulent or illegal manner, a Member has breached these Terms and Conditions, it is necessary to comply with applicable legislation, or a Member has an existing Member Account.
• 3Website Content
• 3.1The Website Content is either the exclusive property of Kid U Not or is used by Kid U Not with the express permission of the proprietor of the intellectual property right(s).
• 3.2Kid U Not owns a copyright in the selection, coordination, arrangement and enhancement of the Website Content.
• 3.3You agree not to use, reproduce, make available, communicate to the public, distribute or commercialise the Website Content except as permitted by these terms and conditions, by law or with the prior written consent of Kid U Not.
• 3.4You agree not to use, reproduce, make available, communicate to the public, distribute or commercialise the Website Content in any manner that infringes the copyright, trademark, trade secret or other intellectual property or proprietary right(s) of the Website, Kid U Not, Merchants and any other party.
• 3.5The Website may contain links to third-party websites that are not owned, operated or controlled by Kid U Not. Kid U Not is not responsible for the content of any third-party website. By using the Website, you release Kid U Not from any and all liability arising from your use of any third-party website.
• 4Privacy
• 4.1The Website Privacy Policy explains how Kid U Not collects, uses and discloses information that pertains to the privacy of Members.
• 4.2The Website Privacy Policy forms part of these Terms and Conditions. By agreeing to these Terms and Conditions, you are agreeing to the Website Privacy Policy.
• 4.3If Kid U Not sells the Website and/or any of the rights attached thereto to a third party or third parties, you hereby consent to the disclosure and transfer of personal information obtained for the use of the Website from Kid U Not to such third party or third parties. You agree that Kid U Not are under no obligation to notify Members of the sale of the Website and/or any of the rights attached thereto, and that Kid U Not are not required to obtain your prior consent or approval.

Part B – Website Deals & Coupons

• 5Ordering Procedure
• 5.1The Website promotes and distributes the sale of good(s) and/or service(s) pursuant to Brand Events.
• 5.2 You agree that Brand Events do not constitute an offer from Kid U Not to Members to sell good(s) and/or service(s). You agree that Brand Events are an invitation only.
• 5.3By placing an Order, you are making an offer to purchase the good(s) and/or service(s) specified in your Order.
• 5.4Kid U Not reserves the right to accept or reject or limit your Order for any or no reason.
• 5.5You agree that your Order is subject to the availability of the good(s) and/or service(s) specified in your Order.
• 5.6Whilst Kid U Not will do as much as reasonably practicable to ensure that there are appropriate levels of stock, Kid U Not make no guarantee or warranty that all good(s) and/or service(s) will be available when you place an order.
• 5.7Under no circumstances can you cancel your Order once it is made.
• 6.Brand Event Terms
• 6.1Kid U Not reserves the right to make Brand Event Terms for each Brand Event, in addition to these Terms and Conditions.
• 6.2Brand Event Terms will be published and readily accessible on the Website during each Brand Event.
• 6.3By placing an order, you form a legally binding contract between you and Kid U Not pursuant to the Brand Event Terms and these Terms and Conditions.
• 6.4If there is any inconsistency with these Terms and Conditions and the Brand Event Terms, the relevant provision(s) of the Brand Event Terms shall prevail.
• 7.Payment
• 7.1Prices published on the Website are inclusive of GST, unless otherwise advertised.
• 7.2Apart from GST, the prices published on the Website are exclusive of taxes, duties and charges that may be imposed or levied as a result of the supply by Kid U Not of the good(s) and/or service(s) published on the Website.
• 7.3You will be charged for the total price of your Order upon Kid U Not accepting your Order.
• 7.4Kid U Not will communicate their acceptance or rejection of your Order by email to your nominated email address within twenty four (24) hours of the expiration of the Brand Event on the Website. If Kid U Not accept your Order, you will be provided with a Tax Invoice for your purchase.
• 8.Delivery
• 8.1Your Order will be delivered to your nominated address by a Shipping Service Provider.
• 8.2Whilst it is not possible for Kid U Not to state when you will receive your Order, each Brand Event will publish an estimated timeframe for delivery.
• 8.3Prior to confirming your Order, the checkout cart on the Website will specify the shipping costs for all good(s) and/or service(s)included in your Order.
• 8.4 Risk of loss or damage to the good(s) and/or service(s) purchased by you passes to you upon collection of the good(s) and/or service(s) by the Shipping Service Provider.

Part C – Kid U Not Refund Policy

• 9.Refund Policy
• 9.1If you are not satisfied with the good(s) and/or service(s) provided by Kid U Not or if you believe that Kid U Not have breached any consumer guarantee contained in the Australian Consumer Law, you must advise Kid U Not of your grievance by email to customercare@kidunot.com.au within seven (7) days of receipt of the good(s) and/or service(s). In your email, please include as much information as possible including a copy of your tax invoice and/or receipt and photographs of damaged or defective goods.
• 9.2 Within seven (7) days of receipt of your email, Kid U Not will send you an email to your nominated email address advising you of Kid U Not’s position in respect to your grievance and any further steps that are to be taken by you and/or Kid U Not.
• 9.3Kid U Not may remedy your grievance by performing any one, or some, of the following, the choice of which is at the sole discretion of Kid U Not:
• (a)replacing the good(s);
• (b)repairing the good(s);
• (c)reimbursement of the cost of replacing the good(s);
• (d)reimbursement of the cost of repairing the good(s);
• (e)reimbursement of the cost of returning the good(s);
• (f)resupplying the service(s); or
• (g)reimbursement of the cost of resupply of the service(s).
• 9.4Kid U Not’s liability for breach of any consumer guarantee contained in the Australian Consumer Law is expressly limited to those matters contained in Clause 9.3 above.
• 9.5You acknowledge that Kid U Not is not a Manufacturer and that it is not possible for you to exchange any goods(s) and/or service(s) purchased from Kid U Not.
• 9.6If the Merchant goes into liquidation prior to Kid U Not receiving the good(s) and/or service(s) from the Merchant, or if the Merchant fails to provide Kid U Not with the good(s) and/or service(s), Kid U Not will either provide you with a full refund or a voucher of equivalent value which can be redeemed on the Website.
• 9.7If you believe that Kid U Not failed to provide you with the good(s) and/or service(s) as advertised on the Website, you must notify Kid U Not of this pursuant to Clause 9.1 above.
• 9.8Any refund or reimbursement made to you will be paid using the same payment method used for your purchase.
• 9.9Any refund issued to you is not an admission of guilt or liability by Kid U Not.
• 9.10Kid U Not will not, under any circumstances, issue you with a refund in the event that you change your mind or are unable to use the good(s) and/or service(s) purchased by you.

Part D - Complaints

• 10. Complaints to Kid U Not
• 10.1If you wish to make a complaint to Kid U Not, please do so by emailing your complaint to customercare@kidunot.com.
• 10.2Within five (5) days of receipt of your complaint, Kid U Not will send you an email to your nominated email address confirming receipt of your complaint.
• 10.3Kid U Not aims to resolve complaints within thirty (30) days.
• 10.4If resolution of your complaint is likely to take more than thirty (30) days, Kid U Not will keep you regularly informed of the progress of your complaint and the timeframe for resolution.
• 10.5Kid U Not will inform you of the outcome of your complaint by sending you an email to your nominated email address.

Part E - Website Promotions

• 11. Website Promotions
• 11.1From time to time, Kid U Not may promote and distribute a Website Promotion on the Website or through any other form of media.
• 11.2The Promotion Rules for each Website Promotion will be included on the Website over the course of the term of the Website Promotion. Kid U Not reserves the right to interpret Promotion Rules at their sole discretion, and you agree to Kid U Not’s interpretation.

Part F - General

• 12.The Website
• 12.1Whilst Kid U Not aims to maintain the operation of the Website at all times, you agree that access to the Website may be interrupted, suspended or terminated from time to time by circumstances that are both within and outside the control of Kid U Not.
• 13.Limitation of Liability
• 13.1Kid U Not does not give any guarantee or warranty or make any representation of any kind, express or implied, with respect to your use of the Website. Kid U Not is not liable:
• (a)to you for any loss or damage including any consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost however caused and which is suffered directly or indirectly in connection with your use of the Website;
• (b)for disruption to the Website; and
• (c)to you if interference with or damage to your computer systems occurs in connection with use of the Website or an external website.
• 14.Indemnity
• 14.1You agree to fully indemnify Kid U Not and its respective Directors, Officers, Employees, Agents and Representatives against all losses, damages, claims, actions, liability or proceedings whatsoever arising out of, in connection with and/or in respect to your use of and access to the Website, your breach of these Terms and Conditions and your breach of Brand Event Terms, including any costs, legal fees and incidental damage arising therefrom.
• 15.Variation to the Terms and Conditions
• 15.1Kid U Not reserves the right at all times to discontinue or amend these Terms and Conditions and Brand Event Terms at any time and from time to time, and any such amendments will become effective immediately upon being posted to the Website. Your consent to, and acceptance of, any amendments to the Terms and Conditions and Brand Event Terms will be implied from your continued use of the Website.
• 16.Severability
• 16.1In the event that any of these Terms and Conditions and/or the Brand Event Terms, or their subsequent application to any person or circumstance is or is found to be invalid or unenforceable, the invalidity or unenforceability shall not affect the validity and enforceability of the remainder of these Terms and Conditions and Brand Event Terms or the application to any person or circumstance and the remainder of these Terms and Conditions and Brand Event Terms shall remain in full force and effect.
• 17.No Waiver
• 17.1Kid U Not’s failure to enforce a term or condition of these Terms and Conditions and/or Brand Event Terms will not be considered a waiver of Kid U Not’s right to enforce the term or condition.
• 18.Governing Law
• 18.1These Terms and Conditions and the Brand Event Terms are governed by the laws of the State of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the Courts exercising jurisdiction in the State of New South Wales.

Welcome to kidunot.com (“the Website”), which is owned and operated by Kid U Not Pty Ltd As Trustee For Kid U Not Unit Trust (“Kid U Not”). This Privacy Policy forms part of the Website Terms & Conditions, which can be viewed at http://kidunot.com/Legal-Policies. If you have any queries in respect to this Privacy Policy, please email privacyofficer@kidunot.com.au.

Part 1 - Collection of Personal Information

• 1.1Kid U Not collects and stores personal information that you enter on our Website or give in any other way.
• 1.2Generally, your personal information is collected by Kid U Not when you create and update your Member Account and when Kid U Not receives correspondence from you. Personal information may also be collected when you submit an entry pursuant to a Website Promotion. We may also collect information you supply to us regarding your personal preferences and interests.
• 1.3Generally, the type of personal information collected includes, but is not limited to, name, gender, date of birth, postal address, telephone number, fax number and email address. Depending on the circumstances, sometimes we collect other information such as how you shop on the Website or what your areas of interest are so that we can improve our service offering to you.
• 1.4If you refuse to provide Kid U Not with personal information, it may not be possible for you to make purchases on the Website.

Part 2 – Use and Disclosure of Personal Information

• 2.1Personal information is used by Kid U Not for a number of purposes, including:
• a.To complete your transaction(s) on the Website;
• b.To deliver the products and/or services you requested;
• c.Administrative purposes;
• d.To send you promotional material about the Website;
• e.To monitor and profile who accesses the Website;
• f.To better understand your requirements and preferences and to improve our service;
• g.To provide offers that are of greater interest or benefit to you;
• 2.2Personal information collected by Kid U Not may be stored by Kid U Not in a way that makes the personal information anonymous by excluding information that is personally identifiable to you. Any personal information collected and stored in this way may be provided by Kid U Not to Kid U Not’s partners, advertisers and other third parties at Kid U Not’s discretion. For example, Kid U Not allows advertisers to choose the demographic information of users who will see their advertisements and you agree that Kid U Not may use any of the information Kid U Not has collected from you in non-personally identifiable form to allow Kid U Not’s advertisers to select the appropriate audience for those advertisements.
• 2.3Kid U Not does not rent or sell your personal information in personally identifiable form to anyone. Kid U Not shares your personal information in personally identifiable form with third parties who perform parts of Kid U Not’s service delivery. Kid U Not also discloses your personal information if the disclosure is required or authorised by law or the disclosure may assist Kid U Not in protecting the Website and Members from damage, injury or interference. In all circumstances where your personal information is disclosed, Kid U Not will ensure that these third parties undertake to protect your privacy.
• 2.4Anyone who participates in interactive activities (contests, membership programs, message boards, purchases, newsletter subscriptions, surveys) may be asked to provide information. This information may be used to communicate promotion offers or related information about Kid U Not, our partners and relevant third parties. That information may also be used to design the marketing messages.
• 2.5Kid U Not ensures that you have the option to opt out of all promotional or unsolicited marketing material.

Part 3 – Access to Personal Information

• 3.1Under the Privacy Act 1988 (Cth), you have a right to request access to your personal information collected and held by Kid U Not.
• 3.2You can make a request to gain access to your personal information by emailing privacyofficer@kidunot.com.au.
• 3.3You can forward any queries as to how your personal information is collected and used to privacyofficer@kidunot.com.au.
• 3.4Any requests for, or queries about, your personal information will be dealt with by Kid U Not within a reasonable time.

Part 4 – Information Collected by Technology

• 4.1Information may be passively collected by or for Kid U Not as a result of your use of the Website. Such information includes, but is not limited to, your internet protocol address, your browser type and your operating system.
• 4.2Cookies and navigational data are also used by or for Kid U Not to customise the Website to your interests and provide you with a more personal experience.

Part 5 – Access to Personal Information

• 5.1Kid U Not are committed to protecting the security of your personal information.
• 5.2Kid U Not maintains and regularly reviews physical security over hard copy forms of data containing personal information as well as computer and network security over electronic forms of data containing personal information.
• 5.3Although Kid U Not does as much as reasonably practicable to protect your personal information, no data transmission over the internet can be guaranteed to be totally secure.

Part 6 – Payment and Credit Card Information

• 6.1Online payments are processed by external third party service providers as indicated on the Website.
• 6.2Kid U Not does not store your credit card or banking details.
• 6.3If you have any queries in respect to the privacy and security of your payment and credit card information, these queries should be directed to the relevant external third party service provider.
• 6.3Collection of transaction information by Kid U Not includes, but is not limited to; details of products and quantities purchased, shipping cost information and personal information.