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 fixed term
subscription and are required to pay the monthly subscription fee
in advance for each month of the fixed term, 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 an annual subscription, you must pay
the total subscription fee for the year 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 Wiggles.com, The Wiggles Shop, Wiggles On Demand, Wiggly
Play Centre. The privacy policy can be viewed at http://www.thewiggles.com.au/us/legal/privacy