VTech Electronics (Australia) Pty Ltd (“VTech”)
Consolidated Terms and Conditions for Learning Lodge
(Australia)
These Terms and Conditions have been updated on 7 April 2016.
1
Applicability
1.1
The Learning Lodge is a
proprietary digital content access application which enables you to download
free and/or payable (downloadable) digital software programs or firmware owned
by VTech or its licensors, including but not limited to e-books, games and
award certificates (“VTech Software”)
through an area of Learning Lodge where downloads are made available (“Download Centre”) via the internet on a
designated Personal Computer, laptop or Mac® from which the VTech Software can
be uploaded onto a VTech Software compatible hardware product (“VTech Hardware Product”). When the term “Learning Lodge” is used in the Terms and Conditions it includes
other software applications, VTech Software and content, as made available
through Learning Lodge.
1.2
These terms and conditions (“Terms and
Conditions”) apply to VTech Software downloaded through the Learning Lodge,
including the purchase, installation, use, account registration and firmware
updates relating to VTech Software. We
particularly draw your attention to sections 8.3, 14.3, 18 and 15 below, which explains the circumstances in which we
may suspend or terminate your use of the VTech Software and the conditions and
limitations which apply to our liability to you in connection with the VTech
Software.
1.3
These Terms and Conditions apply to all invitations,
orders and Contracts (as described in sub-section
3.1) relating to VTech Software between you as a purchaser of the VTech Software (“you”) and VTech Electronics (Australia)
Pty Ltd
1.4
VTech Software is
intended solely for the use of individuals who already own VTech Hardware
Products. If you do not currently own
and possess a VTech Hardware Product, DO NOT download VTech Software. If you disregard this section and download
VTech Software despite not currently owning a VTech Hardware Product, VTech
will not be responsible for any damage or loss caused to your device or
information stored thereon, and you may be held legally liable for any
resulting damage or loss caused to VTech by your download.
1.5
The VTech Software is
available for individuals aged 18 or older.
If you are under the age of 18 you should review the Terms and
Conditions together with your parent/guardian to make sure that you and your
parent/guardian understand these Terms and Conditions. On the basis of the Terms and Conditions, a
Contract (as described below in sub-section
3.1) is formed between VTech and an adult/parent/guardian
of a child who makes use of the VTech Software.
In these Terms and Conditions, where the context permits: references to
things done by or on behalf of or in relation to your children shall be deemed
to be things done by or in relation to you and vice versa; and references to a
person using your account means you and/or your child.
1.6
Before the Contract is formed
(as further described in sub-section 3.1) and you are able to download the VTech Software,
the text of the Terms and Conditions is made available to you electronically. This is done in such a way that you can
easily store them on a durable data carrier.
At your request the Terms and Conditions will be sent to you
electronically or in some other manner at no cost.
1.8
VTech may vary the Terms
and Conditions from time to time with or without advance notice to you. If we make a variation to these Terms and
Conditions that would not cause detriment to you, we will post the varied Terms
and Conditions on the Learning Lodge and they shall take effect immediately
when they are posted. We recommend that
you regularly review the information posted by us in Learning Lodge to keep up
to date with such variations. We will
notify you by email or through our online services if we make a variation that would
cause detriment to you. If you do not
accept any variation, then you may terminate the Contract with us and stop
using the VTech Software downloaded or Learning Lodge. Your use of the VTech Software or Learning
Lodge after the posting (or notification) of any variation to the Terms and
Conditions, shall constitute your acceptance of that variation.
2
Special conditions
If an invitation (as described in sub-section 3.1) has a limited period of validity or is made
under certain conditions, this will be explicitly stated in the invitation.
3
Our Contract
3.2
If we cannot accept your
order and form a Contract with you we will inform you of our reasons for
this. This might be because the VTech
Software is not available, because a credit reference we have obtained for you
does not meet our minimum requirements or because we have identified an error
in the price or description of any VTech Software. You acknowledge that we may investigate
whether it is possible or appropriate for us to form a Contract with you. For example, we may check whether you are
able to comply with our payment requirements.
To the extent permitted by law VTech reserves the right not to form the
Contract based on these further investigations.
In certain circumstances, rather than rejecting an order from you it may
be possible for us to attach special conditions to the Contract with you. If this is the case we will notify you and
take steps to agree these special conditions with you.
4
Registration, accounts and passwords
4.1
To download and use
VTech Software, you must first register an account with the Learning Lodge
before you will be able to download VTech Software from the Learning Lodge (“Registered Account”).
4.2
You can open a
Registered Account in the Learning Lodge by completing the registration
procedure specified therein and providing the requested information to VTech. You must enter correctly and truthfully all
details requested by VTech during the registration process. Use of and access to your user account shall
be personal to you only (including for use by your child).
4.3
You should not choose a
user name that infringes third-party rights, that impacts on the person of
VTech staff members or other users, that is deliberately confusing, or that is
racist, offensive, obscene, hurtful, unlawful or otherwise inappropriate or
that is in conflict with the applicable legislation or regulations. VTech reserves the right to form an opinion
about this at its own discretion, to refuse user names for any reason
whatsoever or to take other measures that VTech deems suitable.
4.4
You undertake to treat
as confidential passwords and other registration details chosen by you as well
as all activities undertaken using this password or under this account. You
agree that you will notify VTech immediately of any unauthorised use of
registration details.
4.5
Without prejudice to the
provisions of section 15 (Our liability to you), VTech shall in no way
whatsoever be held liable or responsible, either directly or indirectly, for
any loss or damage of any nature whatsoever suffered by you as a result of or
in relation to non-compliance by you with this section of the Terms and
Conditions.
5.1
In consideration of the Terms and Conditions and, when applicable, in
consideration of payment of the price of the VTech Software, VTech grants you a
non-exclusive, non-sub-licensable, non-transferable licence for the
duration of the Contract, to install the VTech Software on VTech Hardware
Products for personal use. You
acknowledge that you will not acquire any rights to the VTech Software and/or
the Learning Lodge other than this licence, in accordance with the conditions
as stipulated in the Contract of which these Terms and Conditions form an
integral part.
5.2
The Learning Lodge may only be used to reproduce the VTech Software or
other content and software applications you are authorized or legally permitted
to reproduce. The Learning Lodge is licensed, not sold, to you only for that
purpose.
5.3
In order to use the Learning Lodge you must register a VTech Hardware
Product and provide your own internet access at your expense. There are different versions of Learning
Lodge for different countries. The
version of Learning Lodge you are licensed to use will depend on the country
where you bought your VTech Hardware Product.
5.4
You are also authorised
to retain a back-up copy of the VTech Software on your personal computer so
that the VTech Software can be re-installed on the VTech Hardware Product if
the VTech Software is accidentally removed from the VTech Hardware Product. VTech is at no time obliged to send you a
physical copy of the VTech Software. Except for the purpose described
here, you must not reproduce the VTech Software or make copies of it.
5.5.1 distribute, sell,
assign, pledge, sublicense, lease, deliver or otherwise transfer or grant
access to any part of or parts of the VTech Software, including but not limited
to any textual or other content submitted to the VTech Software by users in any
medium without the prior written authorization of VTech;
5.5.2 alter or modify any part
of the VTech Software;
5.5.3 circumvent, disable or
otherwise interfere with any security related features of the VTech Software or
features that (i) prevent or restrict use or copying of VTech Software content
or (ii) enforce limitations on use of the VTech Software or the content
accessible via the VTech Software;
5.5.4 use the VTech Software
for any commercial use, without the prior written authorization of VTech;
5.5.5 place content which is
inappropriate or contains discrimination, slander, defamation and/or any
provocation, exchange of abuse or incitement to hatred, or infringes on the
privacy and personal life or other rights of a natural person or that can be
assumed to be in any other way illegal;
5.5.6 collect or harvest any
personal data of any user of the VTech Software (and agree that this shall be
deemed to include VTech’s account names);
5.5.7 reverse engineer,
disassemble, decompile or re-create the source code relating to the VTech
Software;
5.5.8 copy, translate, modify
or create derivative works based on the VTech Software or accompanying
materials;
5.5.9 remove from the VTech
Software any of the trade marks, trade names, logos, patent or copyright
notices or marking or add any other notices or markings or add any other
notices or markings to the VTech Software.
5.6
Where the context permits, the terms of sub-section 5.5 shall also apply to Learning Lodge.
6
Free downloads
6.1
VTech may offer free
download(s) as a free introductory promotion or from time to time as a
promotion or gift to thank our customers (“Free
Downloads”). Free Downloads may be
made available by VTech at its sole discretion and subject to its right to
withdraw or change the offer at any time without notice. You must check that Free Downloads have been
correctly credited to your account subject to the final determination by VTech
and inform us immediately if not.
6.2
Free Downloads expire
and will be deleted if they have not been redeemed within a certain period after
acquisition so you should redeem them as soon as possible. The expiry period is whatsoever VTech specify
when you acquire the Free Downloads or, if VTech has not specified a time
limit, twelve (12) months from acquisition.
6.3
Free Downloads do not
have any inherent value and they are not your own private property. VTech does not provide any cash or refunds
for Free Downloads and they are for your personal use only. You cannot sell or transfer them or make them
available for anyone else or attempt to do so.
6.4
VTech can impose
additional restrictions concerning the acquisition or redemption of Free
Downloads from time to time under its sole discretion and may update or upgrade
the Free Downloads at any time.
6.5
VTech can restrict
access to, or delete, Free Downloads as mentioned above or if Free Downloads
were awarded in error.
6.6
VTech can at any time
end the entire Free Downloads program and will give you at least four weeks’
advance notice to redeem the unused Free Downloads.
6.7
Free Downloads are not
allowed to be used for purchasing a licence to install premium content. There is special indication at the Download
Centre for premium content.
7
User Submissions
7.2
You agree that you will
not send or post any User Submissions that are subject to any third party
proprietary rights (including rights of privacy or rights of publicity), unless
you have a formal licence or permission from the rightful owner to post the
material in question and to grant VTech the rights referred to sub-section 7.1 above. VTech
reserves the right (but shall have no obligation) to decide whether User
Submissions comply with the content requirements set out in the terms of use in
section 5 and may remove such User Submissions without
prior notice and at VTech’s sole discretion.
8
Upgrades, updates and changes to the VTech Software
8.1
VTech may provide VTech
Software upgrades and updates for your VTech Hardware Products from time to
time through the Learning Lodge, without any prior written notice being given. Before initiating an update or upgrade, you
should first read and precisely follow the instructions for it. The process must be carried out in an
environment with a steady power supply. If
the update or upgrade process is interrupted, your VTech Hardware Product
and/or any VTech Software already downloaded by you may not function properly. You must follow the download procedure as
explained through the Learning Lodge in order to properly use the VTech
Hardware Product and/or the VTech Software.
To the extent permitted by law, VTech will not be responsible or liable,
directly or indirectly, in any way for any loss or damage of any kind incurred
as a result of, or in connection with, your failure or inability to use the
Learning Lodge, the VTech Software or your VTech Hardware Product, including
any damage which you could have avoided by following our advice to apply an
update or upgrade offered to you free of charge or for damage which was caused
by you failing to correctly follow installation instructions or to have in
place the minimum system requirements advised by us.
8.2
VTech may update or
upgrade the Learning Lodge or VTech Software from time to time and such updated
or upgraded changes will be automatically provided to you the next time you
connect your designated Personal Computer or Mac® to the Internet. Unless explicitly stated otherwise, any new
or additional features that augment or enhance the current Learning Lodge or
VTech Software, including the release of new products or services, shall be
subject to the Terms and Conditions.
9
Cancellation or withdrawal of an order
9.1
You may cancel an order
at no charge and without stating reasons until the download process of the VTech
Software starts. You may not cancel an
order once delivery of the download process of the VTech Software has started. At that time, your order becomes binding,
unless you have received a download that does not function properly. If this happens, you must inform VTech of
this as soon as possible at consumer_services@vtech.com. If the malfunctioning of the download was
caused by or is the responsibility of VTech and cannot be resolved, a refund
may be made.
9.2
Since VTech Software are
software applications that, in view of its nature, cannot be returned, no right
of withdrawal or right of return applies to the VTech Software.
10
Price and payment
10.1 In order to make payments via the Learning Lodge, you will need to make
your payment details available to VTech by completing a payment procedure. The different Download Centres made available
through the Learning Lodge may accept the following forms of payment:
credit/debit cards and/or PayPal and any alternative payment methods/accounts
created by VTech that can be used to purchase VTech Software in the Download
Centres made available through the Learning Lodge (including but not limited to
Free Download and Gift certificates) (“Alternative
Payment Methods”) indicated through the Learning Lodge.
10.2 All amounts due will be debited to the most recent bank account, credit
card account and/or other payment details that you make available through the
Learning Lodge in order to purchase VTech Software (“Payment Account”) indicated by you during the registration
procedure or to the Alternative Payment Account.
10.3 All prices of the VTech Software are inclusive of GST (where applicable)
and other government imposed levies, unless otherwise stated.
10.5 If you decide to make your payment details available to VTech via the
Learning Lodge:
10.5.1
you warrant that you have the right to operate the Payment Account;
10.5.2
you warrant that all details furnished in the context of your payment to
VTech for the VTech Software are accurate and complete; and
10.5.3
you agree that you must pay for all licences to install VTech Software
that you buy from the Download Centres and that VTech may debit your
(Alternative) Payment Account for the price of all VTech Software purchased,
and for any additional amounts (including taxes and later payments, insofar as
applicable) you owe to VTech.
10.6 When a credit/debit card transaction option is available, VTech may
request advance approval for an amount the maximum of which is the amount of
your order. Invoicing takes place when
an order is placed by you or shortly thereafter.
10.7 You are and remain responsible for on-time payment of all amounts. If and so long as you do not pay the amounts
due within the prescribes term, you will not receive the licence as described
in section 5 of these Terms and Conditions.
10.8 Subject to applicable laws, all charges are non-refundable. You shall pay the charges in full without any
deduction or set-off whatsoever.
11
Your responsibilities
11.1 You must (and you must ensure that or all persons using your account):
11.1.1
comply with all policies (including any acceptable use policy and
privacy policy) in relation to the VTech Software and Learning Lodge, as
published by us from time to time.
11.1.2
ensure that the VTech Software and Learning Lodge are used solely for their
intended purpose;
11.1.3
not permit any other person to use VTech Software and Learning Lodge and
must not re-sell or purport to re-sell VTech Software and Learning Lodge;
11.1.4
ensure there is no unauthorized access, or harm caused, to our computer
system or network or those of our suppliers;
11.1.5
not commit, cause or allow any breach (or do anything which might put us
in breach) of any law, regulation, government direction or industry standard or
code;
11.1.7
not post or submit any Impugned Content to the Learning Lodge;
11.1.8
not commit Defined Abuse;
11.1.9
notify us immediately of any security breach (suspected or otherwise) of
the VTech Software or Learning Lodge, or your account login details;
11.1.10 be solely responsible
for arranging and maintaining all communications services, system resources and
other equipment and services needed to access the VTech Software and Learning Lodge,
including adequate bandwidth to support your use thereof;
11.1.11 promptly inform us of
any change to your billing or address details;
11.1.12 be responsible for the
timely and accurate notification to us of any defect in the VTech Software and
Learning Lodge or other issue which may give rise to a warranty or consumer
claim;
11.1.13 maintain an up-to-date
copy of all of your data at all times, suitable for restoring services in the
event of loss or corruption of data on your or our systems.
11.2 For the purposes of sub-section 11.1:
11.2.1
“Impugned Content” means
content that:
(i)
is false or misleading according
to the Australian Consumer Law or any other law;
(ii)
is obscene, threatening or
defamatory;
(iii)
is invasive of privacy;
(iv)
infringes any persons’
intellectual property rights;
(v)
harasses another user or any other
person or group, or encourages such harassment;
(vi)
is verifiably untrue;
(vii)
constitutes commercial
solicitation, political campaigning, or involves the transmission of
unsolicited mass mailing (including spamming);
(viii)
identifies the author as someone
other than the true author of the post;
(ix)
is pornographic or sexually
explicit in nature;
(x)
or would otherwise reasonably be
considered illegal, objectionable or offensive;
11.2.2
“Defined Abuse” means misuse
of Learning Lodge including: (a) giving an unauthorized person the user’s
account and password details, (b) deliberately or recklessly disrupting our
service, (c) engaging in the practice known as spamming, (d) using the Learning
Lodge in an unlawful manner, (e) using the Learning Lodge to menace or harass
others, (f) Denial-of-service attacks on other users or networks, (g) using the
Learning Lodge to unlawfully obtain access to other networks, or (h) as
otherwise reasonably determined by us;
11.2.3
“Denial-of-service attacks”
includes behaviour of a user that results in disruption of our service,
disruption of other people’s use or enjoyment of the Learning Lodge, which
includes but is not limited to computer viruses, IRC harassment, e-mail
bombardment, damage to internet-connected resources and channel flooding.
11.3 You must ensure that each person using your account complies with each term in these
Terms and Conditions that is applicable to them. You shall be vicariously liable and
responsible to (and you fully defend and indemnify) us in respect of each of those
people’s use of any good or service (including the VTech Software and Learning
Lodge and including in circumstances where such people have the benefit of any
such good or service) and compliance with such terms.
12
Limited warranty, warranty disclaimers and links to third party websites
12.5 To the extent permitted by law and except as expressly set out in the
Limited Warranty provisions at sub-sections
12.1 - 12.3 above the content, information and software provided
through the VTech Software is provided on an “as is” and “as available” basis
and VTech makes no warranty, representation or condition, either express or
implied, as to its use, availability, accuracy or performance. To the extent permitted by law and except as
expressly set out in the Limited Warranty provisions at sub-sections 12.1 - 12.3 above as a user you assume all risks and
responsibilities for its use or non-use and VTech makes no representation that
the content appearing on or downloaded via VTech Software is compatible for
your computer or free from errors or viruses.
No VTech employee, agent or representative is authorized to modify or
amend this warranty. Nor does the
information provided by VTech through the VTech Software made available by
VTech release the user from the responsibility of having to examine the
suitability of this information and/or software for the purpose intended by the
user.
13
Security
You understand that the VTech Software may comprise technical security
measures installed by VTech or its licensors, to protect the VTech Software and
to prevent unauthorised use of the VTech Software by you. You understand that any use you make of the
VTech Software that is in contravention of the right of use obtained on the
basis of the Contract may constitute a copyright infringement. The security technology forms an integral
part of the VTech Software.
14
Intellectual property rights
14.1 All intellectual or industrial property rights to all
VTech Software developed and/or made available pursuant to the Contract, materials made
available, content that is made available in the Learning Lodge or other
materials such as analyses, designs, documentation, reports,
animations, testing modules, video and/or photo material, as well as
preparatory material for this, as well as the system of collected works which can be considered a
database or compilation, and trade marks are vested solely in VTech or its
licensors. Except as specifically set
forth herein, VTech retains all right title and interest in all the contents
and underlying software of the VTech Software, or made available therein.
14.2 You must not remove or
to alter any indication of copyrights, trade marks, trade names or other
intellectual or industrial property rights from the VTech Software, including
indications of the confidential nature and non-disclosure of the material.
15.1 Subject to any law to
the contrary (including the Australian Consumer
Law):
15.1.1
you
agree that VTech’s (and its suppliers’, licensors’, parent’s, subsidiaries’,
affiliates’, directors’, officers’, agents’, co-branders’, other partners’
and employees’) maximum aggregate liability in relation to any claim, loss or
damage (including without limitation any claim, demand, action, expense, cost,
loss, liability, proceeding (including reasonable legal costs)), whether
arising under or in relation to this agreement (including without limitation a
dispute as to breach or termination of this agreement), any tortious act or
omission (including without limitation negligence) or under common law or
statute, is limited to the amount actually paid by you to VTech in the six
months immediately prior to the relevant event occurring;
15.1.2
the
parties exclude any term, condition, warranty or representation which is not
expressed in this agreement (other than an “Implied Term”, being a term implied into this agreement by consumer
protection legislation and which such legislation prohibits from being excluded, restricted or modified, including for
example guarantees provided under the Australian Consumer Law);
15.1.3
(subject
to sub-sections 259(4) and 267(4) of the Australian Consumer Law in relation to
an Implied Term) in no event will VTech (or its suppliers, licensors, parent, subsidiaries, affiliates, directors, officers, agents,
co-branders, other partners or employees) be liable to you or to any other
person for any indirect, special, incidental, consequential, punitive or other
loss or damage, including loss of profit or loss of data, cost of procurement
of substitute goods or services arising out of the use or inability to use any
goods or services, whether based in warranty, contract, tort or other legal
theory and whether or not such party was advised of the possibility of such
damages, in relation to the subject matter of this agreement.
16.1 You will be responsible
for any claims, proceedings, damages, losses, injuries, costs and expenses or
liabilities suffered by VTech as a result of your breach of any of these Terms
and Conditions.
16.2 You warrant to us that:
16.2.1
all
information supplied by you is true and correct;
16.2.2
you
have made all necessary enquiries and satisfied yourself regarding the
suitability of the VTech Software and Learning Lodge for your purposes;
16.2.3
you
will not use the VTech Software or Learning Lodge in breach of any law or any
person’s rights (including intellectual property rights);
16.2.4
in
the case of an individual, you are over 18 years of age.
16.3 You are responsible for
all purchases made via the Learning Lodge (including being vicariously
responsible for purchases made by any other person using your account).
16.4
You
must indemnify and save harmless us and our related bodies corporate and our
suppliers and their respective officers, employees, contractors and agents (the
“Indemnified Persons”) from any
loss, injury, damage, liability, costs or expenses whatsoever suffered or
incurred by an Indemnified Person arising from or in connection with:
16.4.1
any
information provided by or on behalf of you or a person using your account;
16.4.2
the
use of the VTech Software and Learning Lodge by you or a person using your
account;
16.4.3
any
alleged breach of a person’s rights (including, but not limited to, defamation,
intellectual property and privacy rights) in respect of the use of the VTech
Software and Learning Lodge by you or a person using your account; and
16.4.4
any
breach of these Terms and Conditions by you or a person using your account.
17
Data backup and security
17.1
The
level and degree of data backup and security measures that VTech takes in
relation to any single customer depend upon the service options chosen by that
customer; each customer must play an active role in determining and maintaining
its own data backup and security. You shall
ensure that appropriate data backup and security measures are taken in relation
to your data (having regard to the criticality or sensitivity) of the data.
18.1 VTech or you may
terminate a Contract at any time.
18.2 If you do not comply
with any of the Terms and Conditions, VTech at its sole discretion acting
reasonably, without notice to you may immediately terminate the agreement
between VTech and you. To the extent
permitted by law, VTech shall not be liable to you or any third party for the
termination of the agreement.
18.3 Amounts owed by you to
VTech before the termination in relation to anything you have already carried
out or supplied in implementation of the Contract, will continue to be payable
in full and will become due immediately upon termination.
19
Privacy and data
19.1 For the avoidance of
doubt, Your Data (including all intellectual property rights in Your Data)
shall be owned by you. We will return
(and if required we will facilitate the return of) a copy of Your Data to you,
subject to: (a) all of your accounts first being paid in full; (b) you not
having breached the Contract; and (c) you paying our reasonable charges for
doing so. For the purposes of this section,
“Your Data” means data owned or
generated by or on behalf of you, where such data relates solely to you; Your
Data expressly excludes any material comprising a good or service supplied by us,
our data and our intellectual property.
19.2 Consent to use of data:
You agree that we may collect and use technical data and related information
(including but not limited to technical information about your device, system
and application software, and peripherals) that is gathered periodically to
facilitate the provision of software updates, product support, and other
services to you (if any) related to the VTech Software and Learning Lodge. We may use this information, as long as it is
in a form that does not personally identify you, to improve our products and
services or to provide services or technologies to you.
19.3 Usage data (including
metadata and customer usage) may be generated by the use of the VTech Software
and Learning Lodge, in which case:
19.3.1
where
applicable, all right, title and interest in such usage data is retained by you;
19.3.2
you
grant us a perpetual, non-exclusive, transferable, sub-licensable,
royalty-free, worldwide licence to use such data; and
19.3.3
you
consent to our use of such data (and to provide such data to others) for our
internal business purposes, for marketing purposes, for market analysis, to
analyse customer trends and where required by law.
19.4 We are not obliged to
review or monitor any of your use of the VTech Software and Learning Lodge (including
Your Data), although we may do so if such use violates any section contained in
these Terms and Conditions, or if required by law.
19.5 You authorize us to use
and provide personal information to our suppliers to the extent necessary to
fulfil our obligations under these Terms and Conditions.
19.6 We may also collect a user’s
personal information and use it for the following purposes:
19.6.1
for
marketing purposes, including to provide information about goods or services
which we or any of our suppliers or related bodies corporate or affiliates may
offer;
19.6.2
to
disclose to credit reference associations and credit reporting agencies for the
purpose of providing services or other credit providers providing services;
19.6.3
for
the purpose of engaging with, assisting and fulfilling our obligations to third
party suppliers;
19.6.4
for
purposes related to or arising out of our provision of services and credit.
19.7 You give your consent to
the types of use of information described in these Terms and Conditions. You give your consent to us sending
electronic messages (including commercial electronic messages) within the
meaning of the Spam Act 2003 (Cth).
19.8 VTech is committed to
protecting the privacy of the users of VTech Software. Our policies regarding collection, use,
storage, protection, and disclosure of your information, are contained in VTech’s
Privacy Policy, which is incorporated into these Terms and Conditions by
reference and available at https://www.vtech.com.au/privacy_policy/.
19.9 By proceeding to use the
VTech Software, you confirm that you have read, understood and agree to this
Privacy Policy in its entirety and grant us permission to process your personal
data that you have provided to us in accordance with the provisions of the Privacy
Policy. We therefore advise you to read
it carefully.
20
Complaints and queries
Should you have any questions concerning these Terms
and Conditions, our Privacy Policy or if you desire to contact VTech for any
reason, please contact your local consumer department using one of the
following options:
(a)
Direct Email > enquiriestoys_anz@vtech.com
(b)
Web Enquiry Form > https://www.vtech.com.au/support/contact_us/
(c)
Facebook > VTech Toys
21
General
21.2 We may assign or novate
any of our rights or obligations under these Terms and Conditions and you give
your consent to such assignment or novation, provided that we will not do so to
your detriment.
21.4 When you use the VTech
Software or send e-mails to us, you are communicating with us
electronically. You consent to receive
communications from us electronically.
We will communicate with you by e-mail or by posting notices in the
Learning Lodge or VTech Software. You
agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such
communications be in writing.
21.5 These Terms and
Conditions are not intended to limit or modify your statutory rights (where
applicable) as a consumer.
21.6 The section titles in
these Terms and Conditions are for convenience only and have no legal or
contractual effect.
21.8 Any provision which by
its nature would survive termination or expiry of the Contract (including
without limitation any exclusion or limitation of liability or indemnity in
these Terms and Conditions) shall survive termination or expiry of these Terms
and Conditions, including following sections: 12.4 – 12.6 (Warranty disclaimers and links to third party websites), 15 (Our liability to you), 16 (Your liability to us), 18 (Termination), 21.1 (Severability), 21.3 (Waiver), and 21.9 (Choice of law and forum).