The following Terms and Conditions govern your use of this web site. Please contact 4kidz.com.au prior to using this web site if you have any questions or wish to clarify the meaning of any of these Terms and Conditions as set out below.

1. Acknowledgment and acceptance of terms of use
2. Copyright and trademarks
3. What users must not do
4. Comments and information provided by users
5. Virus warning
6. Third party web site links and advertising
7. Promotions
8. Content of web site
9. Limitation of liability
10. Release and indemnity
11. Applicable law
12. General

1. Acknowledgment and acceptance of terms of use
The 4kidz.com.au web site is owned and operated by 4kidz.com.au (ABN 33 164 784 672) (4Kidz). It is a condition of your access to the web site that you accept and comply with all the terms, conditions, notices, disclaimers, Privacy and Security Statements (collectively referred to as the "Terms of Use") set out on the web site.

By accessing or using this web site or using it to provide information to 4kidz.com.au you acknowledge that you have read and understood the Terms of Use and that you agree to them.

As 4kidz.com.au reserves the right to amend the Terms of Use at any time, with immediate effect, you should periodically refer to them. The Terms of Use were last updated on 16th March 2004.

2. Copyright and trademarks
All information, material, text, graphics (collectively referred to as Contents) on this web site are copyright 4kidz.com.au unless indicated otherwise. The Contents are protected under the Australian copyright and trademark laws and through international copyright treaties.

You may download one copy of the information on this web site. Where necessary for its use as a reference, you may keep a temporary copy in your computer's cache and make one hard copy of that information for your own information, research or study.

You may not reproduce, duplicate, copy, sell, re-sell, adapt, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping by a storage and/or information retrieval system) or otherwise exploit any part of the Contents for any commercial purpose without the specific prior written consent of 4kidz.com.au

You must not use the web site and/or its Contents which in any manner violates any right of 4kidz.com.au or an affiliated third party or which is prohibited by the Terms of Use. "4kidz.com.au" is a trademark of 4kidz.com.au. You are not permitted to use this trademark or ay other trademark depicted on this site in any manner whatsoever without the specific prior written consent of 4kidz.com.au or the owner.

3. What users must not do
This web site may only be used for personal use. Any commercial use of this web site without the prior written consent of 4kidz.com.au or any of its related bodies corporate is prohibited.

You agree not to use the 4kidz.com.au web site for, 'spamming', junk mail, chain letters, solicitations or mass communications of any kind You agree not to post any comments that contain any unlawful, threatening, defamatory, obscene, vulgar, pornographic or profane information or material or which violates or infringes upon the rights of any person. If you do, you agree to indemnify 4kidz.com.au for any losses, costs, expenses or damages that 4kidz.com.au may suffer as a result.

You must not transmit or attempt to transmit any material of any kind to this website which contains a virus, malicious computer code or other harmful component or otherwise attempt to alter any of the content on this web site. Nothing on this web site or on any third party site, shall be construed as conferring any licence or other transfer of rights to you of any intellectual property including copyright and trade marks or other proprietary rights of 4kidz.com.au, its affiliates or any third party, whether by estoppel, implication or otherwise.

4. Comments and information provided by users
You agree to provide current, complete, and accurate information about yourself and maintain and update the information to keep it current, complete and accurate.

When you provide any information including personal information, you warrant that all of the information provided is true and correct and agree to indemnify 4kidz.com.au for all losses of any kind that 4kidz.com.au might suffer if this information is not correct.

You agree that 4kidz.com.au may disclose certain aspects of the information you provide to third parties without seeking your prior express consent (this doesn’t include disclosure of your name, mailing address, email address or phone number)
4kidz.com.au invites all visitors to provide feedback. By doing so, you grant to 4kidz.com.au a non-exclusive, royalty free, perpetual, and fully sub-licensable right to use your reviews, comments and other communications throughout the world in any way and in any media. You expressly waive in favour of 4kidz.com.au and any other person authorised by 4kidz.com.au all moral and similar rights in any jurisdiction that you have or acquire in respect of such comments and/ or other communications.

5. Virus warning
4kidz.com.au does not guarantee that any information (including any file) obtained from or through this web site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. 4kidz.com.au will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on 4kidz.com.au, that liability shall be limited to the cost of re-supplying that information.

6. Third party web site links and advertising
This web site contains hyperlinks to web sites maintained and operated independently by third parties. These web sites are operated and maintained without any control of 4kidz.com.au. 4kidz.com.au is not responsible for the accuracy, ownership or any other aspect of the information contained on those web sites or any hyperlink contained in a linked web site. You visit any such web site at your own risk.

Where this web site contains third party advertisements which contain hyperlinks to web sites maintained and operated by third parties (this includes banner ads and referral buttons), the third party advertiser is solely responsible to you for any representations or offers made by it and for the delivery of any goods or services you agree to purchase from any third party web site.

The third party advertising and the links to third party web sites including the embedded hyperlinks in advertisements are paid for by the relevant third party advertisers and do not imply that 4kidz.com.au or its directors or employees endorse any of the materials, products or services available on those sites.

7. Promotions
4kidz.com.au will from time to time communicate via email, items that may be of interest to you, if you have requested subsequently to receive such emails. These items will include products and services of 4kidz.com.au and of companies that are associated with 4kidz.com.au (due to sponsorship or advertising arrangements.)

You may enter into correspondence with or participate in such promotions of companies other than 4kidz.com.au any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions will be solely between you and the sponsor or advertiser at your own risk. 4kidz.com.au assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

Other than the prices of 4kidz.com.au goods and services, any prices listed on this web site are either suggested or recommended retail price supplied by the manufacturer / publisher / dealer / seller / service provider and are accurate only as at the time they were notified to 4kidz.com.au. 4kidz.com.au is not liable for the correctness of prices or price changes for products or services other than 4kidz.com.au products or services, including where price changes have not been reflected on 4kidz.com.au web site. All prices are quoted in Australian Dollars and are inclusive of GST.

8. Content of web site
4kidz.com.au does not warrant that the functions contained in the web site will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes such contents available are free of viruses or other harmful components.

The information contained on this web site is provided by 4kidz.com.au in good faith. All contents (including third party information, products and content) included in or accessible from this web site are provided on an "as is" basis and are subject to change at any time without notice to you.

4kidz.com.au does not warrant or make any representations regarding the use or the results of the use of the contents on this site in terms of their correctness, accuracy, reliability, or otherwise.

To the fullest extent permitted by law, 4kidz.com.au excludes any representations, warranties or conditions, express or implied, statutory or otherwise, including but not limited to the warranties of condition, quality, merchantability and fitness for a particular purpose, and non-infringement of proprietary rights as to all contents (including third party information, products and content) included in or accessible from this web site.

4kidz.com.au, its related bodies corporate, their directors, employees, contractors, consultants, shareholders (“employees or associates”) are not engaged in rendering any legal or other professional advice or services. None of 4kidz.com.au, “employees or associates” as shown above shall be responsible or liable (including negligence) for any loss or damage caused or alleged to be caused, directly or indirectly, as a result of reliance by any person on any of the information or ideas contained in, or referred to in this web site. You are encouraged to obtain independent professional advice for any problem, situation or occurrence particular to you or in relation to which you wish to rely.

You expressly acknowledge and agree that 4kidz.com.au has no control over the suppliers of goods and services purchased from the linked web sites and 4kidz.com.au is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.

The contents of this web site satisfy the laws of Australia and may not satisfy the laws of other countries. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this web site, it is not directed at you and should not be relied upon by you.

9. Limitation of liability
None of 4kidz.com.au, its (“employees or associates”) will in any way be liable for any direct, indirect, incidental, special or consequential damages (including in negligence), resulting from:
· your use or your inability to use this web site
· your reliance on any information or advice contained on this web site or for the cost of procurement of substitute products or services resulting from any products or services purchased or obtained or messages received or transactions entered into through this web site · unauthorised access to or alteration of your transmissions or data or of any information contained on your computer system or on this web site including but not limited to damages for loss of profits, use, data or other intangibles, even if 4kidz.com.au has been advised of the possibility of such damages.

To the fullest extent permitted by law, the liability of 4kidz.com.au for breach of any implied warranty or condition, which cannot be excluded, shall be limited, at the option of 4kidz.com.au, to any one or more of the following:
If the breach relates to goods:
The replacement of the goods or supply of equivalent goods
The repair of such goods
Payment of the cost of replacing the goods or of acquiring equivalent goods, or
Payment of the cost of having the goods repaired
If the breach relates to services:
The supplying of the services again, or
Payment of the cost of having the services supplied again.

10. Release and indemnity
You waive any claims that you now have or may have in the future against 4kidz.com.au, its related bodies corporate, directors, employee, agents and representatives which relate in any way to any transaction with 4kidz.com.au

You agree to indemnify 4kidz.com.au and its related bodies corporate, directors, employees, agents and representatives against any and all loss of any kind (including legal fees) that may be incurred by them arising out of or in connection with the performance of the duties described in the Terms of Use.

11. Applicable law
The Terms of Use shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You and 4kidz.com.au agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia and any courts of appeal.

12. General
If any one or more provisions of the Terms of Use are held by a court to be contrary to law, then those provisions will be excluded, and the other provisions will remain in full force and effect.

If 4kidz.com.au fails to exercise or enforce any rights or provisions of the Terms of Use, this will not constitute a waiver of that right or provision unless 4kidz.com.au agrees in writing that it does so.