These Terms of Use set out the conditions on which you may use the kidsouttaschool.com web site (the “K.O.S. Site”) and services offered by us through the K.O.S. Site. These Terms of Use are a contract between you and Outer School Pty Ltd (ABN 80 119 364 144) of PO Box 1545, Double Bay NSW 1360, Australia (“Outer School”, “we”, “us” or “our”).
Please read these Terms of Use carefully before using the K.O.S. Site. If you do not agree to these Terms of Use, you must not use the K.O.S. Site, register for any services on the K.O.S. Site or create any User Accounts on the K.O.S. Site.
By using the K.O.S. Site, you signify your agreement to these Terms of Use, which constitute a binding legal agreement.
IF YOU ARE NOT AT LEAST 18 YEARS OF AGE YOU WILL NEED TO GET THE CONSENT OF YOUR PARENTS OR LEGAL GUARDIAN BEFORE USING THE K.O.S. SITE.
IF YOU WISH TO REGISTER AS A USER ON THE K.O.S. SITE BUT ARE NOT AT LEAST 18 YEARS OF AGE, YOU MAY ASK YOUR PARENT OR LEGAL GUARDIAN OR ANOTHER RESPONSIBLE ADULT (SUCH AS YOUR TEACHER) TO OPEN A KID’S ACCOUNT FOR YOU.
We may amend these Terms of Use at any time and any changes will apply immediately upon inclusion on the K.O.S. Site. Please check this page regularly to ensure you are aware of any changes. Your continued use of the K.O.S. Site after we have made any changes to these Terms of Use will mean that you accept those changes.
Our Privacy Policy and IP Statement published on the K.O.S. Site form part of these Terms of Use. From time to time, we may amend these policies or introduce new policies regarding the use of the K.O.S. Site. A reference to these Terms of Use includes all such policies.
These Terms of Use apply to all users, whether you are a visitor simply browsing the K.O.S. Site or a registered user.
1. Nature of kidsouttaschool.com
The K.O.S. Site is a website intended to provide ideas for fun and educational activities for children after school hours. On the K.O.S. Site we offer “Activity Packs” which have been designed by university students and contain suggestions for a range of activities suitable for children of different ages to reinforce reading, writing and numbers. The K.O.S. Site also provides a forum for children to exchange ideas and show each other pictures. However, you should note that although the K.O.S. Site and our Activity Packs are intended to be consistent with the aims and objectives of the New South Wales Primary School Curriculum, we do not guarantee that this is the case, nor do we guarantee that they support or comply with any particular curriculum or educational requirements, ensure the acquisition of any particular skill or increase knowledge in any particular area or to any pre-ordained standard. The K.O.S. Site should not be used as a substitute for formal education activities for children.
2. Eligibility to use Kidsouttaschool.com
You are only entitled to use the K.O.S. Site if you are either (i) at least 18 years of age; or (ii) your parent or legal guardian has consented to you using the K.O.S. Site, in which case all references to “you” in these Terms of Use include your parent or legal guardian. If we have reason to suspect this is not the case, we will be entitled to suspend or cancel your registration and your User Account without notice.
You must not use the K.O.S. Site or order particular goods or services if local laws prohibit you from doing so.
3. Use of Site
Some of the information provided on the K.O.S. Site can be accessed free of charge, while other information, including our Activity Packs, is only available to registered users on a fee-paying basis. For details of the products and services that are only available to our registered users and information on how to register, go to the Resources section of the K.O.S. Site.
All information provided by you in your registration must be truthful and complete. We may suspend or cancel your registration and your User Account without notice if we have any reason to believe this is not the case.
If you register as a user and open an account on the K.O.S. Site (“User Account”), you will be required to select a user name and password for your User Account. We may refuse to register a user name that impersonates another person, is registered as a trade mark or otherwise protected by law, or is obscene, offensive or otherwise inappropriate, as determined by us in our sole discretion. You must not disclose your password to any third party and are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any web site other than one with an URL beginning with http://www.kidsouttaschool.com. If you suspect any unauthorised use of your User Account or access to your password, please change your password immediately and contact us. You are solely responsible for any and all use of your User Account.
We use industry standard techniques, including encryption to process and store personal information. However, to the extent permitted by law we do not accept responsibility for the security of personal information transmitted over the internet or the unauthorised access to or use of your personal information. Please refer to our Privacy Policy.
You may download and print one copy of any material which is available for free on the K.O.S. Site on one computer for your personal, non-commercial use only, provided you do not delete or change any copyright, trade mark or other proprietary notices contained in such material. If you are a registered user, you may also download and print as many copies of any material which is available on a fee-paying basis on or through the K.O.S. Site as you have paid for, for your personal, non-commercial use, provided you do not delete or change any copyright, trade mark or other proprietary notices contained in such material.
4. Payments
Delivery Policy: After payment is made, a receipt will be issued via email. A username and password will be selected by each user for their User Account. The user can then immediately download the relevant Activity Pack in the purchased sequence. Each Activity Pack in the purchased sequence will be available for download for 24 hours after each download.
Currency: All transactions on the K.O.S. Site are in $AUD (Australian currency).
Refund Policy: We do not provide refunds.
5. Skippers
If you are the parent or legal guardian of a child, you may act as the child’s “Skipper” and register that child on the K.O.S. Site and open a “Kid’s Account” for him or her. If you wish to become a Skipper for a child and open a Kid’s Account for him or her but are not the child’s parent or legal guardian, you may do so provided you first get written consent from the child’s parent or legal guardian by having them sign our Parental Consent Form. As a Skipper, you may register up to 20 children at a time and open Kid’s Accounts for them.
As a Skipper, you may involve other suitable people, such as volunteer workers or staff within your organisation, to become “Mentors” and assist children with Kid’s Accounts to use the K.O.S. Site and our Activity Packs. Once you have selected a person to become a Mentor, that person will need to complete our Mentor training course (the “Mentor Training”). We will in our sole discretion determine from time to time the content and manner of delivery of the Mentor Training. Once a person has successfully completed the Mentor Training, that person may register on the K.O.S. Site as a Mentor and open a “Mentor Account”, subject to that person agreeing to our Terms of Use.
As a Skipper, you will be solely responsible for any and all use of all Kid’s Accounts and Mentor Accounts registered under your User Account and each reference to a User Account in these Terms of Use includes all Kid’s Accounts and Mentor Accounts registered under that User Account. You warrant that, in respect of each child for whom you have opened a Kid’s Account, you are either the child’s parent or legal guardian, or you have obtained the written consent of the child’s parent or legal guardian before opening a Kid’s Account for the child in the form of our Parental Consent Form and that such consent has not been revoked. You warrant that, in respect of each person for whom a Mentor Account is opened under your User Account, the person satisfies all legal and regulatory requirements applicable to the role of Mentor on the K.O.S. Site, including all such requirements for working with children. If we have reason to suspect this is not the case, we will be entitled to suspend or cancel your registration and your User Account, including all Kid’s Accounts and Mentor Accounts registered under your User Account, without notice.
You do not need to send us copies of signed Parental Consent Forms unless we specifically ask you to do so, but you must keep them for future reference until the relevant Kid’s Account is closed.
Our Parental Consent Form is intended as an aid only for our purposes to ensure minimum consent to open a Kid’s Account on the K.O.S. Site has been obtained. We do not warrant that our Parental Consent Form is sufficient for you to obtain all necessary consents for you to open and allow operation of a Kid’s Account. You should ensure that you identify and comply with all other applicable local laws or regulations necessary to open and operate a Kid’s Account.
If the parent or legal guardian of a child for whom you have opened a Kid’s Account revokes his or her consent, you must immediately close the child’s Kid’s Account.
You must notify us immediately if a Mentor ceases to act as Mentor under your User Account, and you may notify us at any time that you wish to remove a person as Mentor under your User Account, in which case we will cancel the relevant Mentor Account.
6. Suspension or termination of access
Without limiting any other remedies to which we may be entitled, we may suspend or cancel your registration and your User Account with us at any time without prior warning if you contravene these Terms of Use. Furthermore, if we consider you have committed any fraudulent or other illegal activity, we may report such activity to relevant law enforcement authorities.
7. User Material
It is a condition of these Terms and Conditions that all text, graphics, pictures and other material you submit to us and/or the K.O.S. Site, including all material submitted through your User Account, (“User Material”) are either your own works or works for which you have the permission of the owner. By submitting User Material to any part of the K.O.S. Site you automatically grant to us, or warrant that the owner of such User Material has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, adapt, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform and display the User Material alone, together with your user name, or as part of other works in any form, media, or technology whether known now or subsequently developed. This right includes the right for us to grant to each user of the K.O.S. Site (whether or not such user is registered) a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, adapt, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform and display the User Material alone, together with your name, or as part of other works in any form, media, or technology whether known now or subsequently developed, as permitted through the functionality of the K.O.S. Site and under these Terms of Use.
You acknowledge that any use of User Material by a third party, including by any person accessing such User Material via the K.O.S. Site, is beyond our control, and that we have no obligation to monitor compliance with or enforce these Terms of Use against any person with respect to such use of User Material, whether or not we are on notice of any breach.
You warrant that all User Material (i) complies with all relevant laws and regulations, including laws and regulations relating to privacy; (ii) does not infringe the intellectual property rights (including but not limited to copyright and trade marks) of any person; (iii) is not misleading or deceptive nor likely to mislead or deceive; (iv) does not violate any confidentiality restrictions; and (v) is not the subject of any moral rights or equivalent rights throughout the world or, if so, that such moral rights have been waived.
All User Material and your activity in dialogue, discussion, and forums on the K.O.S. Site are subject to review, modification and deletion without notice. Files that you upload to the K.O.S. Site are subject to any posted limitations on usage, reproduction and/or dissemination and you are responsible for adhering to such limitations. You should not post any personally identifiable information on the K.O.S. Site, but if you choose to do so, you should be aware that any such information may be used by third parties and such use is beyond our control.
You must not post any User Material which (i) is libelous, defamatory, obscene, offensive, sexually explicit, racially or otherwise vilifying, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the K.O.S. Site or any of our users.
We may at any time deny you access to all or part of the K.O.S. Site and/or suspend or cancel your User Account without notice if we, in our sole discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions, or is otherwise inappropriate. We will not be liable for any loss that may result from the suspension or cancellation of your User Account.
8. Intellectual Property
All trade marks and copyright material (including text, images, audio and video files) included on the K.O.S. Site are owned or licensed by us unless otherwise indicated.
Our IP Statement applies to your use of these and our other intellectual property rights.
You must not use any means of automatically searching or mining data from the K.O.S. Site or in any way interfere or attempt to interfere with the proper working of the K.O.S. Site.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tamper or interfere with the K.O.S. Site, our systems or data, or those of any third party, via our website.
9. Copyright Infringement
If you believe that any material is available on or through the K.O.S. Site in such a way that constitutes copyright infringement, or a breach of an agreed licence or contract, please notify our designated representative:
Title: K.O.S. Copyright Representative
Email: info@outerschool.com
Address: PO Box 1545, Double Bay NSW 1360, Australia
10. Disclaimer and Limitation of Liability
WE MAKE NO WARRANTY, GUARANTEE OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OR AVAILABLE THROUGH THE K.O.S. SITE. THE INFORMATION IS PROVIDED “AS IS” AND WE DO NOT REPRESENT THAT IT IS COMPLETE, CURRENT OR FREE FROM ERRORS OR OMISSION. YOU USE THE K.O.S. SITE AT YOUR OWN RISK.
ACCESS TO THE K.O.S. SITE MAY BE INTERFERED WITH FOR A VARIETY OF FACTORS, INCLUDING THOSE OUTSIDE OUR CONTROL. WE DO NOT WARRANT OR REPRESENT THAT ACCESS TO THE K.O.S. SITE WILL BE CONTINUOUS, UNINTERRUPTED, VIRUS FREE, FAULT FREE OR SECURE.
TO THE FULL EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM AND EXCLUDE ANY WARRANTIES, REPRESENTATIONS, TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY LAW OR STATUTE, NOT INCLUDED IN THESE TERMS OF USE. SOME WARRANTIES, REPRESENTATIONS, TERMS AND CONDITIONS MAY, BY LAW, NOT BE EXCLUDED, INCLUDING CERTAIN PROVISIONS OF THE AUSTRALIAN TRADE PRACTICES ACT 1974 (CTH). IN RESPECT OF ANY SUCH WARRANTIES, REPRESENTATIONS, TERMS AND CONDITIONS OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE, INCLUDING IN THE CASE OF SERVICES, TO THE RE-SUPPLY OF THE SERVICES OR THE PAYMENT OF THE COST OF HAVING THE SERVICES RE-SUPPLIED AND, IN THE CASE OF GOODS, THE RE-SUPPLY OF THE GOODS OR THE PAYMENT OF THE COST OF HAVING THE GOODS RE-SUPPLIED.
IN NO EVENT WILL WE, OR OUR RELATED COMPANIES, HAVE ANY LIABILITY TO YOU, HOWEVER ARISING, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY (INCLUDING NEGLIGENCE) IN RESPECT OF SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT OR LOSS OF BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THE K.O.S. SITE, OUR PRODUCTS OR SERVICES OR THESE TERMS OF USE.
WITHOUT LIMITING THE FOREGOING AND, EXCEPT TO THE EXTENT PROHIBITED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE K.O.S. SITE, OUR PRODUCTS OR SERVICES OR THESE TERMS OF USE, IS LIMITED TO THE LESSER OF THE AMOUNT OF ANY AMOUNTS PAID BY YOU TO US IN THE 12 MONTHS PRIOR TO THE ACT OR OMISSION GIVING RISE TO THE LIABILITY, OR AUD$50.
YOU AGREE TO INDEMNIFY US AGAINST ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING LEGAL FEES) SUFFERED OR INCURRED BY US OF ANY NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH A BREACH OF THESE TERMS OF USE BY YOU, THE USE OF YOUR USER ACCOUNT, YOUR USE OF THE K.O.S. SITE OR ANY OF OUR PRODUCTS OR SERVICES, OR YOUR VIOLATION OF ANY LAW OR RIGHTS OF A THIRD PARTY.
IN THIS SECTION 10, A REFERENCE TO “OUR”, “WE” OR “US” INCLUDES OUR OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS AND OUR RELATED COMPANIES.
11. Third party sites
This site may contain links to other web sites which are not maintained or controlled by us. These links are provided solely for your convenience and we do not endorse or accept any responsibility for the content or use of any third party web sites.
12. Inappropriate content and spam
We will use reasonable endeavours to ensure that no obscene, offensive or sexually explicit material is available on the K.O.S. Site, but we make no guarantee or representation, either express or implied, to this effect.
You have the right to make complaints to the Australian Communications and Media Authority (ACMA) about Prohibited Content or Potential Prohibited Content (as those terms are defined by the Broadcasting Services Act 1992 (Cth)). Further information about how to make a complaint to ACMA is contained in the Guide for Internet Users prepared by the Internet Industry Association.
The Internet Industry Association’s Guide for Internet Users also contains information on supervising and controlling children’s access to internet content, procedures that you can use to control access to internet content, and how to minimise receipt of unwanted and undesirable emails (spam).
13. Termination
You may close your User Account at any time.
We may suspend or cancel your User Account at any time without notice if you breach these Terms of Use or if these Terms of Use otherwise permit. We also reserve the right to discontinue operating the K.O.S. Site or providing any service through the K.O.S. Site at any time with or without notice.
You acknowledge and agree that we may at any time immediately deactivate or close your User Account and delete all related information and files related to your User Account and/or bar any further access to such information or files. You will remain liable for obligations related to your User Account even if it has been closed. Sections 7, 8 and 10 of these Terms of Use will also continue to apply once your User Account has been closed.
14. General
Your rights and obligations under these Terms of Use are personal and you may not assign or transfer any of them without our prior written consent. You agree that we may assign any of our rights and obligations under these Terms of Use without prior notice to any of our related companies or in the event of a merger, acquisition or sale of all or part of our business.
Our relationship with you is one of independent contractors and nothing in these Terms of Use will imply a relationship of partnership, joint venture or principal and agent.
If any provision in these Terms of Use is found or held to be invalid or unenforceable or capable of termination by a party in any jurisdiction in which this agreement is performed, then the meaning of that provision will be construed, to the extent feasible, to render the provision enforceable. If no feasible interpretation would save such provision, it is to be severed from the remainder of these Terms of Use which are to remain in full force and effect.
We will send any legal notices or communications regarding your User Account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with Outer School should be via the “Contact Us” facility on the K.O.S. Site, but any formal notices or communications by you must be sent to our postal address set out at the beginning of these Terms of Use. A notice sent by us by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether you have actually read the notice or not. Notices sent by mail will be deemed to have been received 3 days after the date of mailing.
By your use of the K.O.S. Site you agree that these Terms of Use are to be governed by the laws of New South Wales, Australia without reference to any principle of conflict of laws, and you and Outer School submit to the jurisdiction of the courts of that State.
Last updated 16 October 2007.
