VTech Electronics (Australia) Pty Ltd (“VTech”)
Terms and Conditions for Kid Connect (Australia)
These Terms and Conditions have been updated on 7 April 2016.
1.1 “Kid Connect” is a proprietary digital content access and communications application which enables you to send and receive messages and content wirelessly between web-enabled mobile devices (such as smartphones, tablets and InnoTab Wi-Fi tablets; it includes “Kid Connect Software”, which comprises digital software programs and firmware updates owned by VTech or its licensors, and provided by us in relation to Kid Connect, as well as content that may be provided through Kid Connect.
1.2 These terms and conditions (“Terms and Conditions”) apply to Kid Connect and Kid Connect Software, including the installation, use, account registration and firmware updates relating to Kid Connect and Kid Connect Software. We particularly draw your attention to sections 7.3, 11.3, 15 and 12 below, which explains the circumstances in which we may suspend or terminate your use of Kid Connect and Kid Connect Software and the conditions and limitations which apply to our liability to you in connection with Kid Connect and Kid Connect Software.
1.4 Kid Connect and the Kid Connect Software are intended solely for the use of individuals who already have a Learning Lodge account with VTech (including persons using their account). If you do not currently have a Learning Lodge account, DO NOT download the Kid Connect Software. If you disregard this section and download Kid Connect Software despite not currently having a Learning Lodge account, 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 Kid Connect 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 Kid Connect 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, your child and/or other family members.
1.6 You can only register an account by clicking accepting these Terms and Conditions as part of the registration process. If you do not accept the Terms and Conditions in whole, you are not permitted to register an account. In that case you should cancel the registration process, as Account Registration shall constitute your acceptance of these Terms and Conditions. If you cancel the account registration process, the process will terminate and you will not be able to use the Kid Connect Software or Kid Connect.
1.7 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 Kid Connect and they shall take effect immediately when they are posted. We recommend that you regularly review the information posted by us in Kid Connect 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 Kid Connect Software and Kid Connect. Your use of the Kid Connect Software or Kid Connect 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
3.1 An agreement between you and VTech in relation to Kid Connect and the Kid Connect Software is formed electronically as soon as VTech has confirmed acceptance of your registration and this confirmation is accessible for you (the “Contract”).
3.2 If we cannot accept your order and form a Contract with you we will inform you of our reasons for this. 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.
3.3 Where your use of Kid Connect involves the purchase of software, content or other materials from us, this shall be governed by your Learning Lodge terms and conditions.
4 Registration, accounts and passwords
4.1 To download and use Kid Connect Software, you must first register an account with Kid Connect before you will be able to download Kid Connect Software from Kid Connect (“Registered Account”).
4.2 You can open a Registered Account in Kid Connect 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 and other family members).
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 12 (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.
4.6 We reserve the right to delete any account that has been inactive for a period of a year or more since its last activation, without any prior notice to the registrant, in which case the Contract shall be terminated.
5.1 In consideration of the Terms and Conditions, VTech grants you a non-exclusive, non-sub-licensable, non-transferable licence for the duration of the Contract, to install the Kid Connect Software on applicable devices (including smartphones and InnoTab Wi-Fi tablets) for personal use. You acknowledge that you will not acquire any rights to the Kid Connect Software and/or Kid Connect other than this licence, in accordance with the conditions as stipulated in the Contract of which these Terms and Conditions form an integral part. Kid Connect Software is licensed, not sold, to you only for the purpose set out herein.
5.2 In order to use Kid Connect you must have a Learning Lodge account and provide your own internet access at your expense. There may be different versions of Kid Connect for different countries. The version of Kid Connect you are licensed to use will depend on the country where you bought your VTech hardware product.
5.3.1 distribute, sell, assign, pledge, sublicense, lease, deliver or otherwise transfer or grant access to any part of or parts of the Kid Connect Software, including but not limited to any textual or other content submitted to the Kid Connect Software by users in any medium without the prior written authorization of VTech;
5.3.2 alter or modify any part of the Kid Connect Software;
5.3.3 circumvent, disable or otherwise interfere with any security related features of the Kid Connect Software or features that (i) prevent or restrict use or copying of Kid Connect Software content or (ii) enforce limitations on use of the Kid Connect Software or the content accessible via Kid Connect;
5.3.4 use the Kid Connect Software for any commercial use, without the prior written authorization of VTech;
5.3.5 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;
5.3.6 collect or harvest any personal data of any user of Kid Connect (and agree that this shall be deemed to include VTech’s account names);
5.3.7 reverse engineer, disassemble, decompile or re-create the source code relating to the Kid Connect Software;
5.3.9 remove from the Kid Connect 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 Kid Connect Software.
5.4 Where the context permits, the terms of sub-section 5.3 shall also apply to Kid Connect.
6.1 This section 6 relates to content that you submit, transmit or upload to Kid Connect (“Submitted Content”).
6.2 If you wish to back-up the whole or part of Submitted Content, you will need to do so yourself. We will not undertake the obligation of backing up any Submitted Content.
6.3 Submitted Content is not copied, kept or archived by us in the normal course of business. You send the Submitted Content via Kid Connect, and it is routed to the intended recipient (who must be a person using your account), if such recipient is online. If the recipient is not online, the undelivered Submitted Content is held in our server until it can be delivered. If the Submitted Content is undelivered for thirty (30) days, the undelivered Submitted Content is deleted from our server. You grant us a worldwide, non-exclusive, royalty-free license to use Submitted Content as set out in this section.
6.4 Kid Connect may include functions where multiple users may post, correct, edit, and delete Submitted Content. In such cases, the user who posted his/her Submitted Content may allow other users to perform any editing in relation to the Submitted Content.
6.5 Users shall maintain the rights regarding their Submitted Content, and we shall not acquire any rights to such Submitted Content. However, if the Submitted Content is visible, not just to the intended recipient but to any or all the other users, or published in public domain, the user who posts the Submitted Content shall grant us a perpetual, worldwide, non-exclusive, royalty-free licence (with the right to sub-license such content to other third parties working together with us), to use (after modifying such content, if we believe it necessary and appropriate) such Submitted Content for our other services, litigation, business and/or promotional purposes. We are not responsible for the content or accuracy of any Submitted Content.
6.6 We may monitor or edit or delete Submitted Content, when we believe that the Submitted Content may violate related laws or provisions set out in the Terms and Conditions; however, we are not obligated to do so.
6.7 If we believe that a user has violated or may violate applicable laws or provisions in the Terms and Conditions related to Submitted Content, then we reserve the right to preclude the user’s use of the Submitted Content, and may delete the Submitted Content without providing the user with prior notice; however, we are not obligated to perform such actions.
7 Upgrades, updates and changes to the Kid Connect Software
7.1 VTech may provide Kid Connect Software upgrades and updates from time to time through Kid Connect, 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 hardware product and/or any Kid Connect Software already downloaded by you may not function properly. You must follow the download procedure as explained through Kid Connect in order to properly use the hardware product and/or the Kid Connect 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 Kid Connect, the Kid Connect Software or your 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.
7.2 VTech may update or upgrade Kid Connect or Kid Connect Software from time to time and such updated or upgraded changes will be automatically provided to you the next time you connect your hardware product to the Internet. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Kid Connect or Kid Connect Software, including the release of new products or services, shall be subject to the Terms and Conditions.
7.3 The information published in the Kid Connect Software or in Kid Connect does not necessarily reflect VTech’s views. VTech may at any time and at its own discretion with or without notice to you change, delete or withdraw any information, content or downloadable software programs made available through the Kid Connect Software or Kid Connect or impose additional restrictions, rules or charges concerning the use of the Kid Connect Software or Kid Connect. Where such changes, withdrawals, restrictions or rules would cause detriment to you, VTech will contact you in advance to tell you about them and you may terminate the Contract if you do not agree to the revisions. However, VTech reserves the right to alter or remove the Kid Connect Software or Kid Connect or suspend your use in any way, at any time, for any reason (acting reasonably), without prior notification, and will not be liable in any way for possible consequences of such changes. This may be necessary, for example, to reflect changes in relevant laws or regulatory requirements or to implement technical adjustments and improvements, for example to address a security threat.
8 Your responsibilities
8.1.2 ensure that the Kid Connect Software and Kid Connect are used solely for their intended purpose;
8.1.3 not permit any other person to use Kid Connect Software and Kid Connect and must not re-sell or purport to re-sell Kid Connect Software and Kid Connect;
8.1.4 ensure there is no unauthorized access, or harm caused, to our computer system or network or those of our suppliers;
8.1.5 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;
8.1.7 not post or submit any Impugned Content to Kid Connect;
8.1.8 not commit Defined Abuse;
8.1.9 notify us immediately of any security breach (suspected or otherwise) of the Kid Connect Software or Kid Connect, or your account login details;
8.1.10 be solely responsible for arranging and maintaining all communications services, system resources and other equipment and services needed to access the Kid Connect Software and Kid Connect, including adequate bandwidth to support your use thereof;
8.1.11 promptly inform us of any change to your billing or address details;
8.1.13 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.
8.2 For the purposes of sub-section 8.1:
8.2.1 “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;
8.2.2 “Defined Abuse” means misuse of Kid Connect 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 Kid Connect in an unlawful manner, (e) using Kid Connect to menace or harass others, (f) Denial-of-service attacks on other users or networks, (g) using Kid Connect to unlawfully obtain access to other networks, or (h) as otherwise reasonably determined by us;
8.2.3 “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 Kid Connect, which includes but is not limited to computer viruses, IRC harassment, e-mail bombardment, damage to internet-connected resources and channel flooding.
8.3 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 Kid Connect Software and Kid Connect and including in circumstances where such people have the benefit of any such good or service) and compliance with such terms.
9 Limitation, disclaimers and links to third party websites
9.1 VTech makes every effort to ensure the high quality of the content of the Kid Connect Software and Kid Connect. To the extent permitted by law, despite the due care it exercises in compiling the information, VTech does not accept responsibility or liability for the functions incorporated into the Kid Connect Software or Kid Connect and does not guarantee the accuracy, suitability or comprehensive nature of the information, nor does it guarantee that the Kid Connect Software or Kid Connect are at all times uninterrupted or error-free, that defects are corrected, or that any content is accurate, complete, reliable, current, or error-free.
9.2 You acknowledge and agree that Kid Connect cannot be used for emergency calls or for emergency help, such as ones made to law enforcement agencies, police, medical help, maritime safety authorities, fire brigade, or other emergency services. We will not be liable to any person for any loss or damage (whether direct, indirect, consequential or economic) as a result of the attempted use of Kid Connect for such calls.
9.3 To the extent permitted by law, the content, information and software provided through the Kid Connect 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, 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 Kid Connect 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 Kid Connect 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.
9.4 The Kid Connect Software may provide, or third parties may provide, links to other World Wide Web sites or resources. Because VTech has no control over such sites and resources, you acknowledge and agree that you access such sites and their products or services at your own risk and VTech is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources including without limitation for the accuracy, non-infringement or legality of such content, advertising, products, services or other materials. You further acknowledge and agree that VTech, its parent, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any such sites or resources.
You understand that the Kid Connect Software may comprise technical security measures installed by VTech or its licensors, to protect the Kid Connect Software and to prevent unauthorised use of the Kid Connect Software by you. You understand that any use you make of the Kid Connect 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 Kid Connect Software.
11 Intellectual property rights
11.1 All intellectual or industrial property rights to all Kid Connect Software developed and/or made available pursuant to the Contract, materials made available, content that is made available in Kid Connect 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 Kid Connect Software, or made available therein.
11.2 You must not remove or to alter any indication of copyrights, trade marks, trade names or other intellectual or industrial property rights from the Kid Connect Software, including indications of the confidential nature and non-disclosure of the material.
11.3 It is our policy to terminate account privileges of any user who demonstrably infringes the copyright rights of others upon receipt of proper notification to VTech by the copyright owner or the copyright owner‘s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted in Kid Connect or via the Kid Connect Software in a way that constitutes copyright infringement, please provide the following information to our copyright agent: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is published in Kid Connect or the Kid Connect Software; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner‘s behalf. VTech’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Attention: copyright agent, VTech Electronics (Australia) Pty Ltd ACN 600 605 329 of 22 Albert Road, South Melbourne, Victoria Australia 3205 or via email email@example.com.
12.1 Subject to any law to the contrary (including the Australian Consumer Law):
12.1.1 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;
12.1.2 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);
12.1.3 (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.
13.1 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.
13.2 You warrant to us that:
13.2.1 all information supplied by you is true and correct;
13.2.2 you have made all necessary enquiries and satisfied yourself regarding the suitability of the Kid Connect Software and Kid Connect for your purposes;
13.2.3 you will not use the Kid Connect Software or Kid Connect in breach of any law or any person’s rights (including intellectual property rights);
13.2.4 in the case of an individual, you are over 18 years of age.
13.3 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:
13.3.1 any information provided by or on behalf of you or a person using your account;
13.3.2 the use of the Kid Connect Software and Kid Connect by you or a person using your account;
13.3.3 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 Kid Connect Software and Kid Connect by you or a person using your account; and
13.3.4 any breach of these Terms and Conditions by you or a person using your account.
14 Data backup and security
14.1 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.
14.2 VTech aims to comply with peer industry practice in relation to data backup and security. Notwithstanding these efforts, however, you acknowledge that servers connected to a network, and particularly those connected to the internet, are subject to security threats and no data is entirely secure and safe from a breach or failure of data backup and security. Accordingly, whilst VTech takes reasonable steps in relation to data backup and security, if notwithstanding such measures, VTech’s site and any software or other data or material downloaded therefrom or any related services suffer an outage, corruption, attack, virus, interference, hacking, intrusion, data loss, theft or unlawful removal, or any other loss, damage, compromise or impairment, VTech shall not be liable and it excludes all warranties and liability to the fullest extent permitted by law.
15.1 VTech or you may terminate a Contract at any time.
15.2 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.
15.3 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.
16 Privacy and data
16.1 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.
16.2 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 Kid Connect Software and Kid Connect. 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.
16.3 Usage data (including metadata and customer usage) may be generated by the use of the Kid Connect Software and Kid Connect, in which case:
16.3.1 where applicable, all right, title and interest in such usage data is retained by you;
16.3.2 you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use such data; and
16.3.3 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.
16.4 We are not obliged to review or monitor any of your use of the Kid Connect Software and Kid Connect (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.
16.5 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.
16.6 We may also collect a user’s personal information and use it for the following purposes:
16.6.1 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;
16.6.2 to disclose to credit reference associations and credit reporting agencies for the purpose of providing services or other credit providers providing services;
16.6.3 for the purpose of engaging with, assisting and fulfilling our obligations to third party suppliers;
16.6.4 for purposes related to or arising out of our provision of services and credit.
16.7 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).
17 Complaints and queries
(a) Direct Email > firstname.lastname@example.org
(b) Web Enquiry Form > https://www.vtech.com.au/support/contact_us/
(c) Facebook > VTech Toys ANZ > Tech Support form
18.1 If any one or more of the provision of the Terms and Conditions, or their application in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of that provision in any other respect and the remaining provisions of the Terms and Conditions shall remain in force and shall not in any way be impaired.
18.2 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.
18.4 When you use the Kid Connect 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 Kid Connect or Kid Connect 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.
18.5 We reserve the right to provide users with advertisements via Kid Connect.
18.6 These Terms and Conditions are not intended to limit or modify your statutory rights (where applicable) as a consumer.
18.7 The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
18.8 The provisions and conditions of these Terms and Conditions constitute the entire agreement between you and VTech related to the use of the Kid Connect Software and Kid Connect and supersedes any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and Conditions and any future published version of these Terms and Conditions or understanding, the last published Terms and Conditions shall take precedence.
18.9 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: 9.1 – 9.4 (Warranty disclaimers and links to third party websites), 12 (Our liability to you), 13 (Your liability to us), 15 (Termination), 18.1 (Severability), 18.3 (Waiver), and 18.10 (Choice of law and forum).
18.10 The Terms and Conditions shall be governed and construed in accordance with the laws of Victoria, Australia. Any dispute arising out of or relating to the Terms and Conditions or your access or use of Kid Connect will be subject to the non-exclusive jurisdiction of the courts and tribunals of the State of Victoria.