Terms of Use

Introduction

Welcome to the KidsLink website. This website, and the information, content and services it makes available (which, collectively are referred to as the "Web Site"), is provided to you by KidsLink Ltd a New Zealand limited liability company, with its principal offices in Auckland, New Zealand ("KidsLink" or "We"). These Terms of Use (this "Agreement") sets forth the terms and conditions governing your use of this Web Site. By accessing or using this Web Site you accept and agree to be legally bound by this Agreement and our Privacy Policy, as they may be amended or supplemented from time to time.

Modifications to this Agreement

KidsLink may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Web Site you should check to see if a new version of the Agreement has been posted.

Contact Information

If you have any questions or concerns with respect to this Agreement or the Web Site you may contact a representative of KidsLink by e-mail at info@kidslink.co.nz or mail at Customer Service, KidsLink Ltd, PO Box 467, Whangaparaoa 0943, Auckland, New Zealand.

Web Site Intended Audience

This Web Site is operated by KidsLink Ltd from its offices 6A David Sidwell Place, Whangaparaoa, Auckland, New Zealand. This Web Site is directed to adults in New Zealand and is not intended for children under the age of 13.

Privacy

The information that we obtain through your use of the Web Site, whether collected through the registration process, submitted by you in posts to the Web Site, or otherwise, is subject to our Privacy Policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Web Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, you must not use the Web Site.

Your use of content and information – disclaimer with respect to content

A variety of information, advice, recommendations, letters, messages, comments, text, graphics, photographs, videos, data, and other materials ("Content") may be available on the Web Site. The Content is provided by KidsLink Ltd, the service providers listed on the Web Site or its suppliers. While KidsLink strives to keep the Content on the Web Site accurate, complete, and up-to-date, KidsLink cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by KidsLink, the service providers  listed on the Web Site, or its suppliers.

THE CONTENT AVAILABLE VIA THE WEB SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER KIDSLINK NOR THE SERVICE PROVIDERS LISTED ON THE WEB SITE OR ITS SUPPLIERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELLING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.

SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.

YOUR USE OF THE WEB SITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS IN THIS AGREEMENT AND THAT MAY APPEAR THROUGHOUT THE WEB SITE.

Compliance with laws

You agree to comply with all laws applicable to your use of the Web Site. You also agree that you will not use the Web Site in any way to:

(1) impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content that you submit or transmit through the Web Site;

(2) interfere with, disrupt, or harm in any way the Web Site or servers or networks connected to the Web Site;

(3) engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other Users without their permission, except as permitted by applicable law; or

(4) use the Web Site in violation of any applicable laws or regulations, or any rules or guidelines established by KidsLink.

Ownership and intellectual property rights

This Web Site is owned by KidsLink. All right to, title to, and interest in the Content available via the Web Site, the Web Site's look and feel, the designs, trademarks, service marks, and trade names displayed on the Web Site, and the Web Site URLs, are the property of KidsLink and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.

License to use content

KidsLink grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Web Site only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Web Site in any other manner or for any other purpose without the prior written permission of KidsLink. All rights not expressly granted in this Agreement are expressly reserved to KidsLink.

Trademark notices

All trademarks, service marks, logos and designs used on this Web Site, whether registered or unregistered, are owned by KidsLink or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by KidsLink or its affiliates without our prior written consent.

Your contact with advertisers or other third parties

Your dealings with the service providers who are advertising on this Web Site or other third parties found on or accessible through the Web Site are solely between you and the service providers or other third parties. These dealings include, but are not limited to your payment for and receipt of services, and any terms, conditions, warranties, or representations associated with such dealings.

KidsLink does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that KidsLink will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.

Links to other websites

The Web Site may provide links to other sites and/or resources, including service providers, over which KidsLink has no control. These links are provided solely as a convenience to Users and should not be construed as an endorsement by KidsLink of content, items, or services on those third-party Web Sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. KidsLink makes no representations or warranties with respect to the content, personal information collection practices, ownership, or legality of any such linked Web sites. You agree that KidsLink has no responsibility or liability for the availability of such external sites or resources, or for the Content, advertising, products, or other materials available through such sites or resources.

Disclaimer of warranties with respect to Web Site

THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, KIDSLINK EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS OF ANY KIND, OTHERWISE THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

KIDSLINK DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. KIDSLINK MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEB SITE IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

Implied warranties and conditions

Certain legislation may imply warranties or conditions or impose obligations upon KidsLink which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If these statutory provisions apply, to the extent to which KidsLink is entitled to do so, KidsLink limits its liability in respect of any claim under those provisions to, at KidsLink's option, the supplying of the services again; or the payment of the cost of having the services supplied again.

Limitations of Liability

KIDSLINK AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.

ADDITIONALLY, TO THE FULL EXTENT PERMITTED BY LAW KIDSLINK OR ITS AFFILIATES WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) OR ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT KIDSLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

You agree to indemnify and hold harmless KidsLink Ltd, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to your breach of the Agreement.

Notice and procedure for making complaints regarding Content

If you believe that any specific Content available on the Web Site either infringes your rights (including without limitation any intellectual property rights), or is otherwise unlawful, and you would like to file a complaint with us, please contact us.

Modification or suspension of the Web Site

KidsLink may at any time modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you.

Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Applicable Law

This Agreement and the resolution of any dispute related to this Agreement or the Web Site shall be governed by and construed in accordance with the laws of New Zealand without giving effect to any principles of conflicts of law. Any legal action or proceeding between KidsLink and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in New Zealand, and you agree to submit to the personal and exclusive jurisdiction of such courts.

August 2016