TERMS AND CONDITIONS – SUPPLIER OF VOUCHERS
1. Kidz FunTivities
1.1. Kidz FunTivities Pty Ltd (ACN 628 788 287) (‘Kidz FunTivities’) (‘We’, ‘Our’ or ‘Us’) owns and operates kidzfuntivities.com.au which is a website that provides vouchers for special deals and offers on children’s and family friendly activities, services, products and events (‘Events’) provided by third parties (‘Website’).
2. The Vouchers
2.1. These terms and conditions are the contractual ‘Terms and Conditions’ related to:
(a) any business or individual who owns and operates a business providing Events (‘Business’) and who wants to upload a discount voucher onto the Website which will be available for the general public to download for a fee (as determined by Kiz FunTivities) (‘Download Fee’) and which entitles the person who downloads that voucher (‘Customers’) to a special deal or discount on the Business’ Events (‘Discount’) upon presentation of the Paid Voucher to the Business (‘Paid Voucher’); and
Wishing Well Vouchers
(b) any Business who wants to upload a Paid Voucher onto the Website which will be available for a Customer, or the general public on behalf of the Customer, to pay off the Download Fee over a period of time (with that period of time to be determined by Kidz FunTivities.)
2.2. These Terms and Conditions form an agreement between Kidz FunTivities and the Business (‘Agreement’).
3. Creating a Voucher
3.1. When a Business wants a Paid Voucher or a Wishing Well Voucher (each a ‘Voucher’ and together ‘Vouchers’) created and uploaded to the Website, the Business must create an account through the Website (‘Account’), become a registered member of the Website (‘Member’) and make a request to Kidz FunTivities in writing through the Account in the Website (‘Voucher Request’).
3.2. A Voucher Request must specify:
(a) the name of the Business;
(b) details of the Event;
(c) maximum and minimum allocation of Vouchers;
(d) start and finishing dates and times for the Event;
(e) the ordinary full price of the Event;
(f) details of the Discount that a Customer will receive;
(g) any terms and conditions that the Business intends to attach to the Voucher; and
(h) if the Voucher is to be a Wishing Well Voucher then the bank account details of the Business.
3.3. Upon receiving a Voucher Request, Kidz FunTivities will confirm with the Business in writing whether or not the Voucher is acceptable for display and download from the Website.
3.4. If the Voucher Request is accepted, then the Business will be provided with an invoice by Kidz FunTivities in the sum of $175.00 inclusive of GST for payment within 7 days (‘Voucher Production Fee’).
3.5. Upon payment of the Voucher Production Fee, Kidz FunTivities will produce and upload the Voucher to the Website.
3.6. When a Customer downloads the Voucher they will receive their own unique QR code that can either be printed by the Customer or kept digitally on a Customer’s mobile phone or other similar device (‘Customer’s QR’).
3.7. Obligations as a Member
The Business agrees, as a Member agrees that:
(a) It can form a binding contract with Kidz FunTivities;
(b) Any information given to Kidz FunTivities in the course of completing the registration process to create an account will always be accurate, correct and up to date;
(c) It will provide accurate personal information (such as identification or contact details), including:
i. an email address and/or preferred username;
ii. a mailing address;
iii. a telephone number;
iv. bank details (where applicable); and
v. a password;
(d) It will not share its profile with any other person;
(e) It will have sole responsibility for protecting the confidentiality of its password and/or email address. Use of a Business’ password by any other person may result in the immediate cancellation of the Vouchers;
(f) Any use of a Business’ registration information by any other person, or third parties, is strictly prohibited. The Business agrees to immediately notify Kidz FunTivities of any unauthorised use of its password or email address or any breach of security of which it has become aware;
(g) It must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(h) It will not harass, impersonate, stalk, threaten another Member of the Website;
(i) Its access and use of the Website is limited, non-transferable and allows for the sole use of the Website by the Business for the purposes of requesting Vouchers;
(j) It will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Kidz FunTivities;
(k) It will not use the Website or ita Account for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; and
(l) Any automated use of the Website or Account is prohibited.
3.8. By creating an Account, becoming a Member and/or by lodging a Voucher Request the Business agrees that:
(a) the Business will at all times abide by these Terms and Conditions;
(b) the Business will keep the Business’ username and password by which the Business accesses the Website confidential and secure at all times;
(c) the Business accepts all liability for any unauthorised use of any username and password issued; and
(d) the Business will provide accurate and up to date contact information and email address.
4. Redeeming a Voucher
4.1. To redeem a Voucher, a Customer must present the Customer’s QR to the Business at the time of the Event.
4.2. The Business must ensure that it has arranged the appropriate hardware and software to read a Customer’s QR when presented and do all things necessary to assist a Customer to redeem the Voucher.
4.3. If, for any reason, the Customer’s QR is unable to be read because of a fault of the Business then the Business must provide the full benefit and Discount of the Voucher and the Event to the Customer.
4.4. If, for any reason, the Customer’s QR is unable to be read because of a fault of the Customer then the Business is not obliged to provide the full Discount to the Customer however should do its best to accommodate the Customer and the Customer’s access to the Event.
5. Cancelling a Voucher
5.1. Once a Voucher Request has been accepted by Kidz FunTivities for display and download from the Website then the Voucher cannot be cancelled by the Business without the prior written consent of Kidz FunTivities and every Voucher downloaded by a Customer must be honoured by the Business and the Discount must be applied.
6. Amending a Voucher
6.1. The Business can request Kidz FunTivities to amend and update any Voucher on an ongoing basis, only if done in accordance with these Terms and Conditions.
6.2. If the Business wishes for any Voucher to be amended by Kidz FunTivities then it may send a written request to Kidz FunTivities who will, if approved, make the amendments to the Voucher for a fee of $100 plus GST.
6.3. Any Vouchers downloaded by Customers prior to a Voucher being amended must be honoured by the Business.
7. Payments to a Business in relation to Vouchers
7.1. Kidz FunTivities will be entitled to a 10% (not to exceed $120) Administration Fee for all Paid Vouchers whether the Voucher is redeemed with the Business or not.
7.2. For the Administration Fee attached to a Wishing Well Voucher, Kidz FunTivities will remit an amount equal to 90% of the Total Vouchers Sold Amount to the Business within 45 days of a Wishing Well Voucher being redeemed at a Business’ Event (‘Business’ Remittance’).
7.3. Kidz FunTivities will pay a Business’ Remittance into a bank account nominated by the Business once per month.
7.4. Kidz FunTivities will not pay a Business’ Remittance and a Business will not be entitled to a Business’ Remittance for any Voucher if:
(a) an Event is cancelled before a Voucher is redeemed; or
(b) a Customer in any way disputes payment of the Voucher with Kidz FunTivities or makes a complaint about the Event.
8. The Business’ Warranties
8.1. The Business warrants and represents to Kidz FunTivities that any material provided to Kidz FunTivities and/or the Website by or at the direction of the Business, including without limitation, documents, equipment, software and information:
(a) do not infringe the rights (including Intellectual Property Rights) of any third party, and that the information contained in these materials is not misleading or deceptive, or likely to mislead or deceive; and
(b) will comply with all laws and the requirements of any relevant authority or regulator.
8.2. While Kidz FunTivities creates the Voucher, the information used to do so comes from the Business and so the Business is responsible for all the content in its Vouchers and any errors or omissions in its Vouchers, whether intentional or unintentional.
8.3. The Business agrees that all submissions of content in any format to the Kidz FunTivities and the Website for creation of a Voucher will automatically be granted a perpetual, irrevocable, transferable, royalty free license (including rights to sub license) to use, reproduce and republish in any media or format without restriction.
8.4. The Business agrees that they are solely and wholly responsible for delivering and providing the Events listed in the Voucher on the Website and the Business certifies that they are professionally competent, experienced, and qualified to deliver the Events.
8.5. The Business confirms and certifies that they have all the necessary legal requirements in place for its business including but not limited to certifications, licenses, risk and safety management and insurances in place with respect to the services and products that they offer and the business that they operate.
8.7. The Business agrees that its terms and conditions shall not conflict with these Terms and Conditions, and if they do, that they agree to abide by these Terms and Conditions.
8.8. The Business agrees that Kidz FunTivities can contact them via any of the contact information provided by the Business (including phone and email), for the purpose of providing the Business with information about other websites owned and managed by Kidz FunTivities which may be applicable to the Business.
8.9. The Business is responsible for paying and managing all taxes including national, state and local taxes applicable to its business and country.
9. General Terms
9.1. Kidz FunTivities has the sole discretion to decide which businesses it will allow to list on the Website and which Vouchers will be displayed on the Website.
9.2. All information provided by Kidz FunTivities on the Website in relation to potential increases in leads and visibility from listing the Vouchers on the Website are based on the average increases that have historically been achieved across all the businesses across all the Kidz FunTivities Websites. A Business should take into account that increases for individual businesses may vary significantly from the averages provided. The Website or Kidz FunTivities is not liable in any way if increases in leads are not realised from listing a Voucher.
9.3. Kidz FunTivities has the right to immediately terminate this Agreement and remove or amend any Vouchers for any reason at any time, at the sole discretion of Kidz FunTivities, without the need to provide notice or an explanation and without any damages applying.
9.4. Kidz FunTivities has the right to immediately terminate this Agreement and immediately remove any Vouchers from the Website if any term of these Terms and Conditions are not complied with by the Business.
9.5. The Business’ use of this Website and these Terms and Conditions are governed by the laws of Western Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of State of Western Australia and legitimate courts of appeal from such courts.
9.6. If any of the terms of the Terms and Conditions offends any law applicable to it in a jurisdiction and is as a consequence illegal, invalid or unenforceable in that jurisdiction then:
(a) where the offending term can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
(b) in any other case the offending term must be severed from the other terms for that jurisdiction in which event the remaining terms operate as if the severed term had not been included.
9.7. Kidz FunTivities reserves the right to change any or all of Our Terms and Conditions by publishing the new Terms and Conditions on the Website and without specific notice to the Business. Kidz FunTivities thus recommends that Businesses review the Website for regular changes. A Business’ usage of any part of the Website will be subject to the most current version of these Terms and Conditions.
9.8. Except as expressly provided in these Terms and Conditions, these Terms and Conditions are the entire Terms and Conditions between the parties about its subject matter and replaces all previous Terms and Conditions, understandings, representations and warranties about that subject matter.
9.9. Except as expressly provided in these Terms and Conditions, each party must, at its own expense, do all things reasonably necessary to give full effect to these Terms and Conditions and the matters contemplated by it.
9.10. The availability of space on the Website for new Vouchers is subject to change and availability from time to time.
9.11. The Business must not create, add, amend or update a Voucher or any related content on the Website without the express authorisation of Kidz FunTivities.
10. Disclaimer and liability
10.1. The Business accepts that the Internet is not always reliable and that system outages may occur.
10.2. To the maximum extent permitted by law, Kidz FunTivities, the Website, Our directors, employees, consultants, shareholders, agents and other representatives:
(a) are not responsible for any loss, damages, costs or expenses or any other claims in any way whatsoever which may occur as a result of a Business accessing and using the Website or listing Vouchers.
(b) Are, by the Business, held free from and against any liability, loss, damage, costs and expense and penalties incurred or suffered by them, resulting from the Business accessing and using the Website or listing a Voucher.
10.3. To the maximum extent permitted by law, Kidz FunTivities excludes all other conditions and warranties implied by law or custom.
10.4. This exclusion of liability includes, but is not limited to, compensatory damages, direct loss, consequential or indirect loss, loss of data, corruption of data, loss of programs, loss of income, loss of profit, loss of anticipated savings, loss of use, loss of goodwill, loss of financial opportunity, loss of business, loss of reputation, loss of property, damage to property and third party claims.
11. Cumulative rights
11.1. Except as expressly provided in these Terms and Conditions, the rights of a party under these Terms and Conditions are in addition to and do not exclude or limit any other rights or remedies provided by law.