1.WHAT SIMBLE KIDS OFFERS
We provide the following services through our website and app:
We reserve the right to change, modify, suspend or discontinue the whole or any portion of the services which we provide at any time. We may also impose limits on certain features or restrict your access to parts of the website or app without notice or liability.
2.OUR WEBSITE CONTENT
Our website and/or app may include content, information or links to third parties or third party websites such as local providers, photos, products and reviews of their services.
We have not verified the accuracy of the content or information obtained from third parties and posted on our website and/or app. We make no warranties about information provided by third parties or hosted on third party websites.
We do not endorse any content provided by third parties or posted on third party websites. That information and those links may be used by you at your own risk. Whilst we hope that you will have a good experience through our website or apps, we do not warrant that the quality or services provided by the participating providers.
3.YOUR USE OF THE WEBSITE AND APP
If you use our website and/or app, then:
We reserve the right to refuse service, terminate your access to the website and/or app, and remove or edit any content without notice to you. In the event of dispute or chargeback regarding online payment, you should contact firstname.lastname@example.org directly to resolve the dispute and not the participating provider.
4.USING OUR WEBSITE AND APP
We do not warrant that your use will be uninterrupted and we do not warrant that any information (or communication) transmitted via our services will be transmitted reliably, accurately, in a timely manner or at all. The website and app are provided on an "as is" basis and may be subject to delay or downtime.
We do not warrant that our services are free from viruses or anything else which may have a harmful effect on any technology.
Additionally, whilst we will try to allow uninterrupted access to our online facilities they may be suspended, restricted or terminated at any time.
When you are visiting our website, we may eventually store so called “cookies” on your computer to offer you better functionality. These cookies contain pieces of information that help us remember you as our customer.
5.REGISTRATION AND ACCOUNTS
To access certain parts of the website and/or app you will be required to sign-up for an account with us and select a username and password. You are solely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to:
You will be bound by and responsible for all communications and online activity transmitted or conducted through the use of your account. We will have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your account. If you are aware of any actual or suspected unauthorised use(s) of your account, or loss, theft, or unauthorised disclosure of your password, please promptly notify us at: email@example.com
Each individual may only register one (1) account . Where an individual is associated with multiple accounts without our written authorisation, or fraudulent or wrongful use of an account is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies to immediately: cancel any classes reserved through such accounts; cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such accounts; prohibit such accounts or persons from participating in any promotions, contests or surveys; and merge, suspend and/or terminate accounts.
6.SUBMITTING INFORMATION TO OUR WEBSITE AND APPS
Simble Kids may enable users of the website and/or app or any software now or in the future to submit written works, photos, or videos (User Submissions) or host, share or publish User Submissions. All User Submissions once submitted to our website and/or app or through social media managed by Simble Kids become the property of Simble Kids. Simble Kids reserves the right not to post the User Submissions to its website or to change the User Submissions in any way it sees fit.
You agree that Simble Kids may publish your name and submissions on the website and/or app, Simble Kids social media or in any other media. You also agree that Simble Kids does not guarantee the confidentiality of any User Submissions whether or not they are published on the website, its applications or other software. You agree that Simble Kids does not endorse any User Submission and disclaims all liability in connection with a User Submission.
You agree not to submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Simble Kids all of the licence rights granted herein. You agree not to submit information which is false or misleading, unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be consider a criminal offence. You agree not to use the website to post advertisements or solicitations of business without our prior written consent. You agree that you will not impersonate another person when using the website, the app, or our social media.
We do not permit copyright infringing activities and infringement of intellectual property rights on our website or app. We will block and remove all content and User Submissions if properly notified that such content or User Submissions infringes another person's intellectual property rights. We reserve the right to remove content and User Submissions without prior notice.
7.BILLING AND OTHER FEES
7.1.1 Simble Kids is an intermediary between the user and the partner location (vendor). Any booking a user makes will be subject to the terms and conditions of the vendor. Simble Kids holds no responsibility for bookings made outside of its platforms.
7.1.2 Refunds are at the discretion of the partner location (vendor). Should you wish to get a refund, please contact firstname.lastname@example.org
7.1.3 You may edit your Payment Method information by accessing your account and editing your payment method through the payment portal.
If you do not attend a class reservation then you will still be charged as if you had attended the class. There are no discounts or deductions for no shows.
7.3AMENDMENTS AND CANCELLATIONS
Amendments and cancellations are at the sole discretion of the Partner location (vendor). Should you wish to amend a booking, please contact email@example.com.
8.INTELLECTUAL PROPERTY RIGHTS
All of the content of the website and app, including all text, software, scripts, flash files, java script, graphics, photos, sounds, music, videos, interactive features and the like, but other than the User Submissions (Content) and the trade marks, service marks and logos contained therein (Marks) are owned or licensed to Simble Kids. Their use is subject to copyright and other intellectual property rights under Australian and International Laws and Conventions.
You may retrieve and display the content of the website and/or app on a computer screen including any tablet or smartphone device, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one (1) copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise copy, reproduce, modify or distribute or use for commercial purposes any of the materials or content on the website or app accessed as part of the service without our written permission.
If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or app or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or app or the Content therein.
We reserve all rights not expressly granted in and to the website and app the Content and Marks. All rights (including goodwill and, where relevant, trade marks) in the Simble Kids name are owned by us or licensed to us. Other product and company names mentioned on the website and/or app are the trade marks or registered trade marks of third parties.
We consent to operators of publicly available search engines, such as Google, Yahoo! and Bing, to use software applications, such as spiders, to copy materials from the website solely for the purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to withdraw that consent in full or in part at any time.
11.LIMITATION OF LIABILITY
We are not responsible for any photographical or typographical errors in relation to any detail or description of a particular participating provider. We take no responsibility for any bad experiences from any of the participating providers. Since we do not have and never will have any contractual involvement in you utilising the services of the participating provider, we are not required to be engaged in the resolution of any dispute that arises between you and any participating provider.
We disclaim any liability for the acts, errors or omissions of any participating provider, third party users, advertisers or sponsors on our website and/or app. We are not responsible for the products, services, actions, errors or omissions of any product or service provided by any participating provider or third party in relation to the Simble Kids website and/or app.
12.CHANGES TO THESE TERMS
13.VOUCHERS AND PROMOTIONS
We may from time to time offer vouchers, promotions or gift cards to our members free of charge or for value. We may from time to time permit participating providers to offer their own vouchers or promotions for use in conjunction with the website and/or app.
Any vouchers, promotions or gift cards offered through the website or the app cannot be redeemed or refunded for cash with us or used beyond their respective expiry dates.
You are solely responsible for the security of any vouchers, promotions or gift cards that you open through using the website or the app. We are not responsible for any loss or damage to those vouchers, promotions or gift cards and does not have any obligation to replace them.
We have no obligation to redeem any vouchers, promotions or gift cards which appear in its sole opinion to have been tampered with or forged.
The relevant participating provider, and not Simble Kids, who supplies you with the services is solely responsible for supplying the services, and for redeeming any promotional voucher you purchase from Simble Kids or are gifted to you.
We do not act as an agent for the participating provider or third parties listed on the website or app.