Terms of Use

1Who we are and how to contact us

https://www.teatime.family/ is a website and TeaTime Family is a mobile application (each a Site and together Sites) operated by TEATIME MEDIA PTY LTD ABN 28 663 483 074 of 470 St Kilda Rd, Melbourne VIC 3004 (we, us and our).

To contact us, please email hi@teatime.family.

2Agreement to be bound

By creating a profile and/or entering either of our Sites, you confirm that you accept these terms of use and that you agree to comply with them. By entering either of the Sites, Limited Users also agree to be bound by, and comply with, these Terms. If you do not agree to these terms, you must not use either of our Sites.

Where a binding power of attorney exists, the Key Family Contact must agree to these terms on behalf of the relevant Care Recipient. When you provide us, or the Organisation, personal information for the purposes of inviting them to join the Site(s), that person acknowledges and agrees that we may contact them.

If you purchase products or services from us, that relationship will be governed by separate terms.

2aDefinitions

3We may make changes to these terms

We amend these terms from time to time. We will notify you of any changes and request your acceptance, but every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.

4We may make changes to our Site

We may update and change our Site from time to time to reflect changes to our products, our users' needs, changes in law and our business priorities. We will make reasonable efforts to give you notice of any major changes.

5We may suspend or withdraw our Site

We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

6Eligibility to use our Site

Our Site is directed to users who are at least 18 years old and are residing in and using this Site within Australia. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, you do so at your own risk and are responsible for compliance with laws applicable to your location.

7You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hi@teatime.family.

8How you may use material on our Site

We are the owner or the licensee of all intellectual property rights in our Site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Organisations may print off one copy, and may download extracts, of any page(s) from our Site for personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us by contacting hi@teatime.family.

9Do not rely on information on this Site

This Site is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

The content on our Site is provided for general information only. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

10We are not responsible for websites we link to

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

11User-generated content

This Site may include information and materials uploaded by other users of the Site. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

All User Contributions must comply with the content standards set out in Clause 12 of these terms. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on the Site, you grant us and our affiliates the right to use, reproduce, modify, perform, display, distribute and otherwise disclose such material for any purpose, subject to your account settings and the group you post to.

If you post a User Contribution to your Family Group it will only be accessible by the members of that Family Group. If you submit a private message to the Organisation it will be accessible by the members of your Family Group, the Organisation and all Care Professionals from that Organisation.

We have the right to remove any posting you make on our Site if, at our absolute discretion, we believe your post does not comply with the content standards in Clause 12. You are solely responsible for securing and backing up your content.

12Content standards

These content standards apply to any and all User Contributions and use of social media features. User Contributions must comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to civil or criminal liability.
• Be likely to deceive any person, or promote any illegal activity.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organisation.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

13Liability

In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind arising out of or in connection with your use, or inability to use, our Site, including any direct, indirect, special, incidental, consequential or punitive damages.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

You agree to defend, indemnify and hold us harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees arising out of or relating to your violation of these terms or your use of the Site.

14We are not responsible for viruses

We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software. You are responsible for configuring your technology to access our Site and should use your own antivirus software.

15Rules about linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Site must not be framed or mirrored on any other site. We reserve the right to withdraw linking permission without notice.

16Australian law applies to disputes

These terms of use, their subject matter and their formation, are governed by Australian law. You and we both agree that the courts of Australia will have exclusive jurisdiction.

17Our trade marks

"TeaTime" and "TeaTime Media" and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors. You must not use such marks without our prior written permission.

18Prohibited uses

You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:

• In any way that violates any applicable federal, state, local or international law or regulation.
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards in Clause 12.
• To transmit any advertising or promotional material without our prior written consent, including any junk mail, chain letters or spam.
• To impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site.
• Use any robot, spider or other automatic device to access the Site for any purpose, including monitoring or copying any material on the Site.
• Introduce any viruses, trojan horses, worms, logic bombs or other malicious or technologically harmful material.
• Attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site or any server or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

19Online purchases

All purchases through our Site or other transactions for the sale of goods and/or services formed through the Site or as a result of visits made by you are governed by our terms of sale, which will be incorporated by reference when the relevant functionality is available.

20Marketing preferences

We will use your personal information to offer you products and services we believe may interest you, but we will not do so if you tell us not to. Where you receive electronic marketing communications from us, you may opt out by following the opt-out instructions provided in the communication.

Keep in mind that when you opt-out of marketing, we will still need to send you important messages about your accounts with us, for example bills and safety messages. Further information on how we handle your personal information can be found in our Privacy Policy.

21Other terms and conditions

Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these terms.