Terms and Conditions

Developing Childhood Software Subscription

The Customer acknowledges that Developing Childhood is providing Software as a web-hosted service. Your access to this website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in these terms of use and otherwise contained on the Site (collectively "Terms of Use").

Your use of, and/or access to, this Site constitutes your agreement to the Terms of Use. FOBIC Research trading as Developing Childhood Australia (Developing Childhood Australia) reserves the right to amend the Terms of Use by posting the revised Terms at any time without notice to you. Developing Childhood Australia recommends that you read the Terms of Use carefully and refer back to them periodically.

Developing Childhood Australia Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy.

In general Developing Childhood Australia will not share any of your user information with external parties, although some of your private details can be seen by other Community Members through the forum profile tool.

Your Obligation to Us

You hereby undertake and warrant to us that;-

  • You will ensure that any software and designated computer equipment used to access our site are used in a proper manner.
  • You will keep all passwords, account names, tokens or log in identifications required to access the web site secure and confidential;
  • you will use all reasonable precautions against access to the Site by any unauthorised persons, including but not limited to the use of user names and passwords and the securing of information relating to communications between you and the rest of the Site;
  • you will not use any information obtained from us or from this site for any purpose other than the assessment of the suitability of the products and services provided on this website;
  • any and all information supplied by you is accurate, complete and true;
  • Material uploaded, posted, transmitted, shared or otherwise made available to the Site is free of infection or viruses, worms, Trojan horses or other malware or code that manifest contaminating or destructive properties;
  • You will comply with all our reasonable directions and policies concerning the access and use of the web site.
  • You warrant that in accessing and using the web site you will only use software that you are legally entitled to use.
  • You shall refrain from disruptive activities which may include, but are not limited to, the circulation of any unsolicited publicity or advertising material, propagation of computer worms and viruses, use of the web site to gain unauthorized access to any other computer system, the sending of harassing, obscene, offensive or threatening electronic mail, forgery of electronic mail and the placement or transmission or storage of any defamatory material on the internet.
  • You shall not access, nor permit any other party to access, the web site for any purpose or activity of an illegal or fraudulent nature and you will not reproduce, distribute, transmit, publish, copy, transfer or commercially exploit any information accessed through or received from the web site that would infringe the intellectual property right of any person.

Intellectual Property Rights

All information, text, material, graphics, software and advertisements appearing on the web site from time to time ("Content") are the property of Developing Childhood Australia unless this Site expressly indicates to the contrary. As such, the Content is protected by Australian and international copyright and trademark laws. The Content on this site is updated periodically. Users are not entitled to modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way unless expressly authorised by this Site or unless the written permission of Developing Childhood Australia has first been obtained.

You may print single copies of any pages of this website for your own personal and non-commercial use provided you retain and/or acknowledge all copyright and other proprietary notices on the material but must not otherwise reproduce any material on this website in any form without permission.

Users must not use this Site in any manner or for any purpose which is unlawful or in any manner which violates any right of Developing Childhood Australia or which is otherwise prohibited by the Terms of Use.

All intellectual property in relation to the Developing Childhood software application belongs to Developing Childhood Pty Ltd (the licensor) ACN 125 171 726. All intellectual property in relation to the website belongs to FOBIC Research Pty Ltd trading as Developing Childhood Australia (the licensee) ACN 116 359 294 (Developing Childhood Australia). You obtain no interest in the intellectual property of either Developing Childhood Pty Ltd, Developing Childhood Australia, Developing Childhood or the website by using Developing Childhood or the website.

You will not do anything which would or would be likely to infringe the intellectual property rights of either Developing Childhood Pty Ltd or Developing Childhood Australia which rights you acknowledge.

Specific Terms of Use of Content

This website contains information in the form of general developmental information. The Developing Childhood software application records self-reported milestone development observed by parents and carers and offers age appropriate stimulation strategies to enhance milestone development.

All material is provided as an educational and information service only and should not be relied upon as a substitute for professional advice. Neither Developing Childhood Pty Ltd or Developing Childhood Australia; their proprietors or associates, accept any responsibility for the accuracy of any information contained in this Site or its applicability in the specific circumstances of any user or member.

Developing Childhood Pty Ltd or Developing Childhood Australia does not give any specific or tailored medical advice or conduct a business providing medical advice either as a representative or agent of any other person or on its own account. None of the information on this Site takes into account the medical circumstances or needs of any particular person. Each user or member must therefore assess whether it is appropriate, in the light of his/her individual circumstances, to act upon the relevant information.

Developing Childhood is designed for education and information purposes only. You should not interpret Developing Childhood or any advice provided for the purpose of assisting you to use Developing Childhood as being medical or therapeutic advice nor should you use Developing Childhood as a replacement for consulting with medical practitioners or clinicians.

Communication Facilities

This site may from time to time contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users and members to Developing Childhood Australia, real-time interaction between users and members and other electronic messaging and notice services ("Communication Facilities").

It is a condition of use by users and members of any Communication Facility and access to this Site that users and members do not do any of the following:

  1. restrict or inhibit any other user or member from using or accessing any part of this Site;
  2. post or transmit any unlawful, threatening, abusive, defamatory, pornographic, profane or otherwise offensive information or material of any kind, including, without limitation any information or material that might reasonably encourage conduct that would breach any civil or criminal law of Queensland or other applicable place.
  3. post or transmit any information or material of any kind which violates or infringes upon the rights of any other person, including information or material which is confidential, subject to rights of privacy or publicity or which is protected in whole or in part by copyright, trademark or any other intellectual property or similar right with respect thereto, without first obtaining permission from the owner or relevant right holder;
  4. knowingly post or transmit any information or material which contains a virus or other component designed to harm the hardware, software or other facilities of Developing Childhood Australia or any of its users or members;
  5. post or transmit any information or material that advertises or promotes another business or website without the prior written consent of Developing Childhood Australia;
  6. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
  7. download any information, material or file posted by any other user or member of this Site if the user or member knows, or reasonably ought to know, that the file cannot legally be distributed in such manner or has been posted on this Site in breach of the Terms of Use.

 

Developing Childhood Australia reserves the right from time to time to monitor or review the contents of its Communication Facilities. Developing Childhood Australia reserves the right to remove in whole or in part any information, material or file that has been posted in contravention of the Terms of Use, any applicable law or is considered by Developing Childhood Australia to be offensive or irrelevant for any reason. However, Developing Childhood Australia shall not be responsible to ensure that users or members do not post information, material or file that is offensive, contravenes any applicable law or right or is misleading or deceptive.

Users and members expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

Developing Childhood Australia will provide reasonable cooperation with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials, information or files which violate any applicable or relevant law.

In granting access to you we reserve the rights to:

  • Verify that you are entitled to access the website;
  • review your access right at regular intervals; and
  • from time to time and at any time to make changes to any part of the website

 

A user or member who places any information or other material on this Site (including by posting messages, uploading files, inputting data or engaging in any other form of communication), grants to Developing Childhood Australia a perpetual, non-exclusive, royalty-free, irrevocable, unrestricted, worldwide licence to use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display the information or material or any part of it.

This licence includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Developing Childhood Australia all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. If Developing Childhood Australia so requests, the user or member agrees to sign such documents as Developing Childhood Australia may request from time to time to perfect or otherwise confirm the terms of this licence agreement.

The licence also confers upon Developing Childhood Australia the right to sublicense to any third party any of the rights hereby conferred on Developing Childhood Australia.

Purchasing through Developing Childhood Australia

Developing Childhood Australia charges a subscription fee for you to use Developing Childhood. The subscription fee is published on the website and is inclusive of GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999).

Failure to pay the subscription fee charged by Developing Childhood Australia gives Developing Childhood Australia the right to suspend or cancel your use of Developing Childhood.

The subscription fee charged by Developing Childhood Australia is a one off fee and may be paid by credit card.

Cancelling a Subscription

You may cancel your Developing Childhood subscription at any time by providing advice in writing. Refunds will be less subscription used to the nearest month, less any discounts you received, any merchant e-commerce fees and internal administration costs. You will be able to access your child’s information for a period of time but access will cease if you have not accessed your child’s information for a continuous period of 6 months.

Advertising, Links to Other Websites and Offers

This Site contains hyperlinks and other pointers to Internet websites operated by third parties for the convenience of users and members. The linked websites are not controlled by Developing Childhood Australia, and Developing Childhood Australia is unable to control the contents of any such linked website. Hence, Developing Childhood Australia does not accept any responsibility for the contents nor does it specifically endorse those contents. Users and members link to any such website and use or rely on such website entirely at their own risk.

Developing Childhood Australia may from time to time accept banner and other forms of advertisement on this Site. Any such banner or other advertisement or link should be understood to be a paid advertisement and not an implicit or explicit endorsement by Developing Childhood Australia of the content or use of that linked site. Users and members are referred to the linked website for all information in relation to that website. Some advertisements contain representations or offers by the advertiser which can be accepted by linking to the advertiser's website and executing the relevant transaction. Such offers are not made solely by the advertiser, not by Developing Childhood Australia. Further, the advertiser is solely responsible for fulfilling any representation or offer made.

Disclaimer and Limitation of Liability

The Trade Practices Act 1974 (Cth) and similar State and Territory Legislation confers certain rights and remedies on consumers in relation to the provision of services by this Site which cannot be excluded, restricted or modified ("Statutory Rights"). To the extent that such Statutory Rights conflict with the disclaimers and other conditions set out below the Statutory Rights shall prevail provided that the offending disclaimer or condition shall be read down to the minimum extent required to avoid offending the Statutory Rights or if necessary shall be severed on the basis that the remainder of the disclaimer and the conditions shall continue to apply to the maximum extent possible. This Disclaimer shall exclude all other conditions and warranties implied by custom, law or statute.

Subject to the Statutory Rights:

 

  1. All Content is provided "as is" and without warranties of any kind, either express or implied,
  2. Developing Childhood Australia expressly disclaims all warranties of any kind including, without limitation, implied warranties of merchantability and fitness for a particular purpose,
  3. Developing Childhood Australia does not warrant that the functions contained in any Content or any Communications Facility or user or member access to this Site will be uninterrupted or error-free, that any defects will be corrected or that this Site or the server which stores and transmits Content to you are free of viruses or any other harmful components,
  4. Developing Childhood Australia does not warrant or make any representation regarding user or member access to, or the results of user or member access to, this Site (including any linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
  5. Users and members (and not Developing Childhood Australia) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

 

Under no circumstances (including but not limited to any act or omission, whether negligent or not, on the part of Developing Childhood Australia) will Developing Childhood Australia or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Site or any Content.

Users and members expressly acknowledge and agree that Developing Childhood Australia does not exert control over other users and members of the Site and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, Developing Childhood Australia's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Developing Childhood Australia to:

  1. the supply of the services again, or
  2. the payment of the cost of having services supplied again.

 

Developing Childhood Australia does not endorse any approach, treatment or option referred to on the website or in the Developing Childhood programs.

We disclaim all or any liability for any material on the web site that you may find upsetting, defamatory or personally offensive and you acknowledge that we shall not be held responsible in any way for any content or information accessed via the web site.

The use of information on this web site is at your own risk. We will not be liable for any injury, loss or damage arising out of the use of the information on this web site or provided through this web site. This limitation of liability includes direct or indirect damages, loss of data, income or profit, loss of damage to property and/or third party claims.

We accept no responsibility or liability for any loss or damage caused by or arising from any virus which corrupts or otherwise affects the software or computer systems of any person as a result of access to this web site; nor in the event that the website is unavailable for any reason, including but not limited to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities.

Termination

The Terms of Use are effective until terminated or amended by Developing Childhood Australia. Developing Childhood Australia may terminate this agreement and user and member access to this Site at any time without notice. In the event of termination, all restrictions imposed on users and members, licenses granted by users and members and all Developing Childhood Australia disclaimers and limitations of liability set out in the Terms of Use will survive. In the case of members, Developing Childhood Australia's liability will be limited to a refund of any unused portion of any subscription fee paid.

Complaints and Disputes

Users and members who have any complaint about the service, may contact Developing Childhood Australia at info@developingchildhood.com.au. Complaints will be dealt with fairly in accordance with Developing Childhood Australia’s complaints policy which can be obtained by contacting Developing Childhood Australia at info@developingchildhood.com.au.

If Developing Childhood Australia is unable to resolve your complaint you may take your complaint up through other avenues, including the Department of Fair Trading or Consumer Affairs in the state or territory in which you live.

 

To Participate in the Developing Childhood Forum

To make a ‘posting’ (that is, any contribution to a forum, including private messages, usernames and user profiles) you must have subscribed as a member of Developing Childhood. If you have not subscribed to Developing Childhood, you will be able to read forums but not create or reply to posts.

When you access the Developing Childhood forum please note:

  • The forum is not provided as professional support. Please contact your health care provider for any professional assistance required.
  • Problems may be reported to Developing Childhood Australia.

Miscellaneous

This agreement will be governed by and construed in accordance with the laws of Queensland, Australia. Users and members irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

If you access this web site in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

All rights not expressly granted herein are reserved.

A reference to “Developing Childhood” is a reference to the software application.

A reference to “Developing Childhood Australia” is a reference to the trading name of FOBIC Research Pty Ltd, the licensee of Developing Childhood within Australasia and the owner of the intellectual property contained within the website.

A reference to “Developing Childhood Pty Ltd” is a reference to the licensor and intellectual property owner of Developing Childhood software application tool.

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