The Website is operated by Knee Brace Australia (us, we, our). The term ‘you’ or ‘your’ refers to the Website user. By using or accessing the Website or placing an Order for Products, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use (Terms of Use). If you do not agree to these Terms of Use, you cannot use the Website or place Orders for Products.

1. Your use of the Website
   • You agree that you will not, directly or indirectly:
     • hack into or insert malicious code, including viruses, trojans, worms, logic bombs or other harmful or destructive code or data, into the Website including through password mining, phishing or other means;
     • use automated scripting tools or software in connection with the Website;
     • circumvent the Website’s structure, presentation or navigational function so as to obtain information that we have chosen not to make publicly available on the Website; or
     • attempt to modify, reverse engineer or reverse-assemble any part of the Website.
   • You further agree that you will not, directly or indirectly, use the Website to:
     • upload User Content which infringes a third party’s (including another user’s) Intellectual Property Rights (including infringing copyright by uploading any User Content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or non-disclosure agreement;
     • publish, distribute or otherwise disseminate information which is false, inaccurate, misleading or deceptive, unlawful, obscene or inappropriate (which shall be judged in our sole and absolute opinion);
     • defame, abuse, harass, stalk, threaten or intimidate others;
     • impersonate another person;
     • solicit money or passwords from other users;
     • breach the confidence of or otherwise violate the legal rights (such as the rights of privacy) of others, including other users;
     • transmit any unsolicited advertising, promotional materials (including in relation to any contest or pyramid scheme), surveys, chain letters or any other forms of solicitation, unless expressly authorised by us;
     • breach any applicable laws or regulations.
   • We reserve the right to monitor use of the Website by you or any other person but have no obligation to do so.
2. Purchases of Products

• You have the ability to purchase Products from our Website by making an order (Order).
• To place an Order, you must be over 18 and have legal capacity to enter into a contract.
• An Order placed by you in the manner described on the Website is an offer by you to purchase the Products for the price specified on the Website at the time you place your Order and subject to these Terms of Use.
• We may, at our discretion, accept or reject any Order.
• All prices on the Website are displayed in Australian dollars and are subject to change prior to the time you place your Order without notice. Once your Order has been submitted you acknowledge that it may not be varied or cancelled by you, except in accordance with clauses 8 and 2.9.
• We will accept your Order by sending you an order confirmation or by simply processing your payment for the Order using the payment details provided.
• You warrant that all details you provide to us when placing your Order are current, correct and complete, that you are an authorised user of the account or credit or debit card used to place your Order and that your nominated account or credit or debit card will cover the full cost of the purchase.
• If we are unable to successfully process your account or debit or credit card payment for your Order, we will notify you and cancel your Order.
• We reserve the right to cancel your Order prior to delivery and in some cases, to refuse to accept subsequent Orders from you if:
  • you provide erroneous or insufficient information in relation to your payment method, billing details (including if the billing details you provide are different from the details your financial institution has on record) or shipping address;
  • we know or suspect that you intend to on-supply the Products to other parties in trade or commerce or otherwise in breach of these Terms Use; or
  • we know of or suspect any fraudulent or dishonest activity in relation to your Order.
• We are not responsible for the delivery times of the Products. Once Products have been dispatched, it is your responsibility to liaise with the courier nominated by us (as notified to you) in relation to date and time of delivery. We will not be liable for any inaccuracy of information provided to you relating to the date and time of delivery.
• Shipping and other factors outside of our control may result in delays. We do not accept any liability for loss or damage suffered by anyone as a result of any such delays.
• These Terms of Use together with any Orders constitute the entire agreement between us and you for the supply of Products.

3. Intellectual Property

• You acknowledge that we are the proprietor or authorised licensee of all Intellectual Property Rights in relation to the Website. You may not reproduce or replicate any part of the layout or design of the Website nor its functionality.
• Your use of the Website does not provide you with any Intellectual Property Rights therein.
• You acknowledge that all trade marks and logos displayed on the Website are the property of their respective owners and are protected by applicable trade mark and copyright law.
• You, to the fullest extent possible, agree to provide us with a non-exclusive, perpetual, royalty-free licence to use, reproduce, communicate, distribute or otherwise make available on the Website the User Content you upload or submit to Us.

4. Links

• The Website may include links to other websites not owned or controlled by us (Third Party Websites). We make no express or implied representation or warranty or guarantee as to the content, suitability, functionality or accuracy of any Third Party Websites.
• Third Party Websites are subject to the terms and conditions outlined by that third party.
• Any links to Third Party Websites do not:
  • indicate a relationship between us and the third party; or
  • indicate any endorsement or sponsorship by us of the Third Party Website, or the goods or services it provides, unless specifically indicated by us.

5. Personal Information and Non-Personal Information

• Any non-personal information you upload to the Website, such as questions, comments or suggestions, may not be encrypted and will not be treated as confidential. You agree that you have provided a non-exclusive, perpetual, royalty-free licence to us to use, reproduce and modify the non-personal information for any purpose whatsoever.
• You agree that we may disclose the Personal Information we collect about you (including, but not limited to, your name and contact details) to the relevant authorities if we consider you are in breach of these Terms of Use. If you have infringed the Intellectual Property Rights of a third party, you agree that we may provide your personal details to the relevant intellectual property rights holder.
• You agree that we may disclose any information we, in our absolute discretion, consider we are required to disclose in order to satisfy any applicable rule of law, regulation, legal process or government request.

6. Exclusions and Limitations of Liability

• All terms, warranties and representations not expressly stated in these Terms of Use, are excluded from these Terms of Use to the extent permitted by law.
• To the extent that any consumer guarantee under the Australian Consumer Lawapplies to goods or services provided by us under these Terms of Use, our liability is limited, at our option, to:
  • in the case of goods, replacing or repairing the goods or supplying equivalent goods, or paying for the cost of replacing or repairing the goods or of acquiring equivalent goods; and
  • in the case of services, resupplying the services, or paying the cost of resupplying the services.
• Except as provided in clause 2, our maximum total aggregate liability for all loss, damage, cost or expense arising under or in relation to these Terms of Use, whether in contract, tort (including negligence), equity, under statute or on any other basis is limited to the amounts received by for the Products the subject of the claim.
• We are not liable for any:
  • lost profits, lost revenue, loss of opportunity, loss of data, loss of management time or failure to realise anticipated savings, property damage, loss of or damage to reputation or goodwill, personal injury, loss of life, accident, harm, incurred or suffered by a person; or
  • special, indirect, incidental or consequential damages, losses, costs, or expenses.
• Our liability to you under or in relation to these Terms of Use is reduced to the extent that your acts or omissions, or those of a third party, contributed to or caused the liability.

7. Warranty

• You agree and warrant that:
  • all information that you provide to us about yourself, including your contact details, personal details and username is true, accurate, current and complete and that you will notify us of any changes to that information in a timely fashion;
  • you will not share your password with others or allow others to use your username and password.
• You further agree that you will not:
  • provide us with false, inaccurate or misleading information;
  • act fraudulently or in any manner contrary to any applicable law;
  • create liability for us or cause us to lose (in whole or in part) the services of third party providers.

8. Force Majeure

• We will not be liable to you if the performance of our obligations to You is delayed, impeded or prevented by any act or event beyond our control.
• If we are unable to perform our obligations, we must use reasonable endeavours to resume performance in accordance with these Terms of Use as soon as possible.

9. Assignment

• We may, at any time and without the need for consent or approval from you, assign or transfer all or any of our rights or obligations under these Terms of Use to any person.
• You may not assign or transfer any of your rights or obligations under these Terms of Use without obtaining our prior written consent (which consent may not be unreasonably withheld).
• Severability
• Where any provision of these Terms of Use is invalid or not enforceable in accordance with its terms, other provisions of the Terms of Use which are self-sustaining and capable of separate enforcement are, and continue to be, valid and enforceable in accordance with their terms.
• Termination
• We reserve the right to limit, suspend or terminate your access to the Website or any of its pages at any time and without any prior notice, if you have breached these Terms of Use.
• Amendments
• We may amend these Terms of Use from time to time. If we do, the amended Terms of Use will be published on the Website and, to the extent practicable, we will identify the amendments made since the Terms of Use were last changed. You agree that it is your responsibility to check for updates to our Terms of Use. You further agree that your continued use of the Website is acceptance of our amendments to the Terms of Use.
• Applicable Law
• These Terms of Use and any dispute or claim arising out of or in connection with them will be governed by and construed in accordance with the laws of Western Australia.
• You irrevocably agree that the courts of Western Australia will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Use.
• Notices
• We may give notice to you by either direct communication to the email address provided to us or generally by publication of a generic message or communication on a notice board or information link accessible to and found on the Website. You may give notice to us by email at sales@manikinngroup.com
• Definitions
• In these Terms of Use, the following words have the meanings set out below:

Content means any text, documents, videos, webinars, graphics, user interfaces, visual interfaces, photographs, trade marks, logos, sound recordings, music, artwork, computer code and other material used, displayed or available on the Website. Intellectual Property means:

• inventions, discoveries and novel designs, whether or not registered or registrable as patents or designs, including developments or improvements of equipment, products, technology, processes, methods or techniques;
• copyright (including future copyright) throughout the world in all literary works, artistic works, computer software, and any other works or subject matter in which copyright subsists and may in the future subsist;
• trade and service marks (whether registered or unregistered) and domain names;
• confidential information and trade secrets.

Intellectual Property Rights means any rights as may subsist in the Intellectual Property. Order means the term defined in clause 2.1. Products means the products we make available for sale on the Website. Personal Information has the same meaning as defined in the Privacy Act 1988 (Cth). User Content means any text, graphics, photographs, trade marks, logos, artwork and other material uploaded, displayed or made available on the Website by a user. Website https://kidsbirthdaypartiesperth.com/ is a Registered Business in Australia- Perth, WA 6163 Email: hello@kidsbirthdaypartiesperth.com