KIDS BLOCK PTY LTD MOBILE APPLICATION TERMS AND CONDITIONS
1. General
- By installing the Application (defined below), you agree to be bound by these terms of use (“Appterms”).
- By installing this application you represent and warrant that you have read and understand this agreement.
- If you do not understand these terms and conditions or you do not agree with them; do not install the application; or if you already have installed it do not use it.
2. Definitions
The “Application” shall mean the software provided by Kids Block to offer services related to Kids Block, Kids Block’s services and partners’ services, to be used on both Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.
3. Data Protection
Any personal information you supply to Kids Block when using the Application will be used for its own personal use.
4. Privacy
4.1. Member Information
4.1.1. A Member of Kids Block does not need to provide information required for registration. However, without such information the services provided by Kids Block will not be usable by the Member.
4.1.2. Kids Block is the sole owner of the information collected from the services provided by Kids Block. Kids Block will not sell, share, or rent this information in ways that are different from what is disclosed in this agreement.
4.1.3. By using Kids Block’s services and products or by installing its applications you agree and acknowledge that Kids Block may collect, process, and transfer any information, private or otherwise so long as Kids Block does so for the purpose for which it was collected. The information collected by Kids Block will not intrude to an unreasonable extent upon the personal affairs of Members.
4.1.3.1. A Member may be asked information pertaining to their demographics, geographic location, interests, as well as similar details pertaining to third parties that are proximate to the Member. This information may be used for a variety of purposes. These purposes include, but are not limited to:
(a) Providing a more personalised experienced through the services provided by Kids Block;
(b) Providing information to other organisations for a commercial purpose; and
(c) Understanding the changing trends of Kids Block’s Members.
4.1.4. Kids Block will not solicit any Member’s information to any other third party without acknowledging the purpose of the information’s use. Based on this acknowledgement, Kids Block will not provide any information to a third party unless it is for a lawful purpose. Whilst Kids Block will proceed to determine whether the information will be used for a proper purpose, Kids Block does not accept any liability for any damage caused directly, indirectly, consequentially or incidentally by the provision of such information to a third party.
4.1.5. A Members information provided during the registration process or otherwise will be stored in Kids Block Database. Kids Block will use reasonable means to protect the integrity and safety of the Database. However, Kids Block will not be liable for any direct, indirect, consequential or incidental damage that the Member may sustain due to an unauthorised intrusion of the database by any third party or any party connected with Kids Block without a valid authorisation from Kids Block’s Directors or Managers.
4.2. Use of Members Data
4.2.1. Kids Block may assign, transfer, rent, sell or lease its Database or in any way solicit its Database. Kids Block is not obligated to provide members with any prior notice, to any other subsidiary of Kids Block, Kids Block’s subsidiaries or holding company, and in the case of a merger or bankruptcy to the surviving entity after such merger or bankruptcy or to any third party that will ratify Kids Block’s privacy policy.
4.2.2. Kids Block may disclose information to a third party personally identifiable information of a Member and any of their transaction details according to a judicial writ, demands by governmental authorities, and in any legal proceedings between Kids Block and the Member. Kids Block may also disclose personal information to Members or to public authorities to deal with emergency situations or situations in which the Member’s safety may be in jeopardy.
4.2. Kids Block accepts no liability for any damages sustained by a Member because information of a member was attained indirectly or directly by a third party.
5. Proprietary Rights and Licence
All trademarks, copyright, database rights and any other intellectual property rights of any nature in the Application together with the underlying software code are owned directly by Kids Block.
Kids Block grants you a non-exclusive, royalty-free revocable licence to use the Application for your personal use in accordance with the Appterms.
6. Conditions of Use
6.1. You acknowledge by installing this application that the Application does not contain nor constitute and should not be interpreted as, medical advice or opinion. The Application does not provide medical services or render medical advice. The Application should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. When making a change to your diet it is always recommended that you seek medical advice from your medical practitioner.
6.2. You agree that, before using this application and service, you shall consult a medical practitioner.
6.3. You acknowledge and agree that the nutritional information provided by Kids Block is only a guide and that: (i) Kids Block does not guarantee the accuracy, completeness, or usefulness of any nutritional information in the food database provided; or (ii) Kids Block does not adopt, endorse or accept responsibility for the accuracy or reliability of any such nutritional information.
6.3.1. You agree that under no circumstances will Kids Block be responsible for any loss or damage resulting from your reliance on the nutritional information within the Application.
5.3.2. You acknowledge and agree that you are solely responsible for ensuring that any nutritional information in the Applications Food Database is accurate, complete and useful.
6.4. You acknowledge and agree that any opinions, advice, statements or any other information without limitation, made available by means of the website and services by third parties are those of their respective authors and should not necessarily be relied on.
6.5. You acknowledge and agree that Kids Block does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information on the website; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party by means of the Application.
6.5.1. You agree that under no circumstances will Kids Block be responsible for any loss or damage resulting from your reliance on information or other content posted on the website or transmitted to or by any third party.
6.6. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
6.7. The Application is currently made available to you free of charge for your personal, non-commercial use. Kids Block reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these appterms, at any time and for any reason.
6.8. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
6.9. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
7. Availability
7.1. This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. Kids Block will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Kids Block’s reasonable control.
7.2. You agree that Kids Block will not be responsible for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
8. System Requirements
8.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
8.2. The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.1 up to OS 2.3 in English.
8.3. The version of the Application software may be upgraded from time to time to add support for new functions and services.
9. Termination
9.1. Kids Block may terminate use of the Application at any time by giving notice of termination to you.
9.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software;
10. Limitation of Liability
10.1. You agree that in no event will Kids Block be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application.
10.2. You agree that Kids Block is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
10.3. Nothing in these Appterms shall exclude or limit Kids Block liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.