Terms and Conditions

 

PARENTS AND GUARDIANS: Please read these Terms and Conditions carefully before using and allowing your children to use the Wiggle Time website. If you provide consent to your child's use of the Wiggle Time website, you agree to ensure your child abides by these Terms and Conditions.

 

1. Introduction

By using any part of the Wiggle Time website located at www.wiggletime.com ('the Site'), you agree to be bound by these Terms and Conditions ('the Agreement'). This applies regardless of whether you have registered to access the Site, hold a subscription to the Site, or if you are simply surfing or browsing the Site. This Agreement constitutes a binding agreement between you and The Wiggles International Pty Limited ('us' or 'we'). We may modify these Terms and Conditions from time to time and will publish the modified Terms and Conditions on the Site. We recommend that you review this page from time to time to note any changes. Your continued use of the Site constitutes your acceptance of the modified Terms and Conditions.

2. Registration

You must register in order for you and your children to access the Site by completing the information requested on the 'Registration Page'. You will nominate a password and will be sent your Login Name via email. You will be given the option to nominate up to four additional Child Login Names and passwords for use by your children only. You may not use the Site, or allow your child to use the Site, if you have not registered. Registering to access the site without a subscription payment will allow you to access only certain areas and engage in only certain activities on the Site. We reserve the right to modify which parts of the Site are freely accessible upon registration.

3. Subscriptions

Many parts, functions and activities of the Site ('Subscriber Sections') will only be accessible if you subscribe to Wiggle Time. You may choose to subscribe to Wiggle Time by completing the 'Subscribe to Wiggle Time' registration process. You will be given the option to nominate up to four additional Child Login Names and passwords for use by your children only. You may not access Subscriber Sections if you are not a Subscriber. You may nominate which type of subscription you wish to hold from the options outlined on the Subscription Page and you authorize us to bill your nominated credit card, or withdraw funds via electronic transfer via Paypal (depending on your method of payment) in accordance with the subscription you have chosen. If you opt for a month-by-month subscription and are required to pay the monthly subscription fee in advance for each month, you authorize us to automatically bill your nominated credit card, or withdraw funds via electronic transfer via Paypal (depending on your method of payment), monthly in advance for the duration of your nominated subscription period, commencing on the date you register for a subscription. If you opt for a six month or annual subscription, you must pay the total subscription fee for the period upon registration. We are not responsible for any bank fees charged to you by your bank or financial institution, including any fees levied in the event of a declined payment or fees for foreign currency exchange. We recommend that you contact your banking institution about any applicable fees and charges. The subscription fee will be published on the Site. We reserve the right to vary the subscription fee, or provide special promotional offers for subscriptions ('Promotions'), at our discretion. Any variation to the subscription fee will be published on the Site. Variations to the subscription fee and Promotions will not affect any existing Subscriptions prior to expiry. If you wish to renew a Subscription, the subscription fee published on the Site at the time of renewal will apply. The subscription fee is payable by Amex, Visa or Mastercard or by using PayPal. If paying by Paypal, you must ensure that you have a PayPal account before registering to become a member. The subscription fee for Australian subscribers is inclusive of Goods and Services Tax. All payments are non-refundable. You agree to promptly notify us of any errors or discrepancies in relation to billing that appear on your account statement.

4. General

The Site is for your private, non-commercial and individual use only. Unauthorised linking to the Site, or the extracting of frames from the Site for publishing in any third party medium, is prohibited. You may only register to access the Site or become a subscriber for yourself and/or on behalf of your child/children. You may not create a false identity in order to access the Site and you agree to provide and maintain information that is accurate and up-to-date, including, without limitation, up to date and accurate billing information if you are a Subscriber. You agree that if you elect to register or become a subscriber to the Site, you will be automatically added to the Wiggles' mailing list and may receive communications from time to time via the email address provided. Only one person is permitted to use a Login Name and password. You must not give your Login Name and/or password to any other person, or use another person's Login Name and password. You are responsible for keeping your Login Name and password secure and confidential. You agree to notify us if you suspect any unauthorised use of your Login Name or account information. You are solely responsible for all use of your Login Name and password. Certain areas of the Site are only accessible to parents and guardians of child-users of the Site ('Parent Sections'). Parents and Guardians are responsible for keeping their Login Name and password secure from their children, and to ensure that their children do not access the Parent Sections.

5. Renewals and Cancellation

Your subscription will expire at the end of the nominated subscription period for which you have registered. You may renew your subscription at any point prior to its expiry, for the subscription fee published on the Site on the date of renewal. If you do not renew your subscription before expiration and your subscription expires, you will need to register for a subscription again if you wish to access the Subscriber Sections. We may (but are not obliged to) send you a reminder via email that your subscription is due to lapse. You are not entitled to terminate your subscription before the end of the subscription period for which you have subscribed. For example, if you subscribe on a month to month basis (ie for a minimum of one month), you may not terminate your subscription prior to the expiry of the month for which you have been billed. If you have registered for a six month subscription, you may not terminate the subscription prior to expiry of the six month period. You will be billed monthly until the expiry of the 6-month term. Similarly, if you have registered for an annual subscription, you may not terminate before the expiration of the 12 month period. Without limitation to the foregoing, you are not entitled to a refund of any subscription fees properly billed to your account. Registering to access the Site without becoming a Subscriber will provide you access to the Site (except for Subscriber Sections) indefinitely, unless you cancel your registration or unless we cancel your registration according to this section. We reserve the right to cancel your access or subscription at any time in our sole discretion, by notice to you to the email address supplied on registration. Unless we cancel your access because you breached this Agreement, if you hold a subscription, you will be entitled to a refund of that part of any subscription fee already billed that you will not be able to use due to the cancellation.

6. Rights

All right, title and interest (including copyright) in the material included on the Site (including literary, dramatic and musical works, sound recordings, films, trademarks and logos) ('the Content') remains the property of us or our licensors. You must not copy, rearrange, vary, adapt, communicate, distribute or publish any of the Content. If the Site allows you to download any of the Content (including without limitation, pictures to colour in, calendars or widgets) such Content is licensed to you for your personal, non-commercial use only. The provision of any of the Content to you does not transfer to you any propriety right, title or interest in such Content.

7. User-Submitted Content

From time to time you may submit messages, ideas, text, concepts, suggestions, stories or pitches, images, photographs or video footage to us via the Site  ('User-Submitted Content'). You warrant that any User-Submitted Content supplied by you will not be defamatory, obscene or infringe the rights of any third party.  You warrant that you have the full right, power and authority to submit the User-Submitted Content and no further permissions or consents are required for you to submit the User-Submitted Content. You also warrant you have the full right, power and authority to grant the rights in the User-Submitted Content and any use of the User-Submitted Content by us (including our licensees and assignees) will not constitute any breach, infringement or violation of any rights of any third party, including passing off, unfair competition, misleading or deceptive conduct, a breach of confidence or an invasion of privacy.Any User-Submitted Content submitted to the Site will belong to us. In consideration for the access to the Site provided by us to you, you hereby assign to us all right, title and interest (including our successors, assigns, licensees and designees) in any User-Submitted Content posted by you to the Site, throughout the universe in any and all formats and mediums in perpetuity without expectation of compensation or acknowledgement.You agree that, if the User-Submitted Content  is chosen for inclusion or published on the Site, that we (including our successors, assigns, licensees and designees) shall have the perpetual, irrevocable, world-wide and fully-transferable right (but not obligation) to edit, modify, add to, subtract from, combine with other material, display, reproduce, exhibit, make derivative works of, and otherwise exploit the User-Submitted Content  (or any part thereof), for the Site, without further payment, consideration, attribution, notice or consent.We may (but are not obliged to) monitor any User-Submitted Content and reserve the right to decline to publish any User-Submitted Content. You agree not to post or submit any material that is illegal or prohibited or any material that will contravene or violate the rights of any third party. You may not use the Site to advertise any product or service without our prior written permission. We do not warrant the accuracy of any information or suggestions supplied in the User-Submitted Content and do not endorse any User-Submitted Content. You acknowledge that your use and reliance of any information on the Site is at your own risk.

8. Accessing the Site via other Devices

You may access the site via any computer technology including wireless devices and mobile phones. This Agreement applies to the access of the Site via any medium. Accessing the site via some devices may be subject to other third party fees (for example mobile phone carrier fees). You agree that you are solely responsible for the payment of any such third party fees.

9. Release

To the extent permitted by applicable laws, you hereby release us from all claims, actions, suits and proceedings regarding the Site, any Content on the Site or any material and services otherwise related to or linked to the Site including (a) any incorrect or inaccurate Content or material published on the Site or linked to the Site including any User-generated Content; (b) the conduct of any user or subscriber of the Site; (c) any loss or damage caused by any material on the Site; (d) any theft, destruction or unauthorised access to or alteration of the Site or member communications; (e) any loss in connection to the Site, including technical malfunctions.

10. Disclaimer

To the extent permitted by law, we (and our suppliers and licensors) expressly disclaim any and all representations, warranties and conditions of any kind or nature, whether express or implied, including, without limitation, representations, warranties and conditions regarding performance, merchantability, fitness for a particular purpose, title, accuracy and non-infringement. To the extent permitted by law, we make no representation or warranty: (a) regarding any specific results, developments or outcomes from the use of the Site; (b) that the Site may always be accessed on an interrupted basis; (c) that any information on the Site will be accurate or reliable; (d) that the Site and material on the Site is free of viruses, security risks or other harmful components. We do not assume any obligation to monitor the activities of users, subscribers or any third parties accessing or conducting any activity involving the Site.

11. Reports

If you subscribe to Wiggle Time, you may obtain reports on your child's use of the Site, including information regarding the amount of time spent using the various applications on the Site. The report will also provide a 'Games Skills Coverage Summary'. The summary indicates where the child's time was spent on activities incorporating skills which relate to cognitive, social and physical development. This is based on a review of the games conducted by a physician specialising in early childhood development. We do not make any representations regarding the child's development as a result of using the Site, including for the avoidance of doubt, that a child using the Site will further their cognitive, physical or social development. The reports are not to be taken as medical advice and are not to be used as such.

12. Limitation on Liability

To the extent permitted under applicable laws, we (and our suppliers and licensors) shall not be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages (including loss of profits and personal injury) arising from (a) your use of the Site (including excessive use or use over an extended period of time); (b) your inability to use the Site; and/or (c) the conduct or actions of any other member or user of the Site, even if we have been advised of the possibility of such damages. In all events, the total liability to you for all damages, losses and causes of action, whether in contract, tort, negligence or otherwise, shall be the greater or AUD$100 and the total of all subscription fees paid by you. For the avoidance of doubt, it is your responsibility to monitor your and/or your child's use of the Site and to ensure that such use is not excessive. We disclaim any liability for any physical or mental injury arising out of excessive use of the Site and/or the Internet. Nothing in this Agreement is intended to exclude, modify or restrict any right that you may have under applicable legislation.

13. Governing Law

This agreement shall be governed by the laws of New South Wales, Australia.

14. Indemnity

You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site other than in accordance with this Agreement.

15. Entire agreement

This Agreement constitutes the entire agreement between you and us in relation to the Site. In the event of provision or part of this Agreement being invalid, illegal, unlawful or otherwise incapable of enforcement, that provision or part of this Agreement shall be deemed to be severed from this Agreement and to be of no force and effect. All other provisions and parts of provisions shall nevertheless prevail and shall remain in full force and effect and no provision or part of a provision shall be construed to be dependent on any other provision or part of a provision unless stated in this Agreement.

16. Privacy Policy

Wiggle Time is part of The Wiggles group of websites. These include thewiggles.com, The Wiggles Shop, Wiggles On Demand, Wiggly Play Centre. The privacy policy can be viewed at Wiggles.com by clicking here