The website is owned and operated by Young Folks Digital Pty Ltd ACN 634 025 442 (Young Folks). These terms and conditions (Terms) apply to the use of the website, including the use of the information offered on the website, including through our blog (Information).
By visiting our website, you agree to these Terms. You should review these Terms carefully. If you do not agree with these Terms, you should not access the website or use the Information.
In these Terms the expressions we, us and our are a reference to Young Folks and a reference to you and your is a reference to any person or entity that accesses or uses any part of this website.
1. Information on this website
1.1 Information provided on this website is intended to be of a general nature only and is not a substitute for specific advice.
1.2 Young Folks does not warrant that any part of the Information is appropriate for your specific circumstances. You should not act in reliance on any statement contained in the Information.
1.3 Whilst we aim to ensure the accuracy of the Information, we do not warrant that it is accurate, adequate or complete, nor do we undertake to keep this website updated. We do not accept responsibility for loss or damage suffered as a result of reliance by you upon any of the Information.
2. Disclaimer and Liability
2.1 To the maximum extent permitted by law, including the Australian Consumer Law:
(a) except as set out in clause 2.1(b), in no event will we be liable for any direct and indirect loss, damage or expense (irrespective of the manner in which it occurs) which may be suffered as a result of:
- your use of our website and/or the Information;
- the inaccessibility of this website; or
- the fact that the Information is incorrect, incomplete or not up-to-date;
(b) any guarantee, condition or warranty which would otherwise be implied into these Terms is hereby excluded. Where legislation implies any guarantee, condition or warranty, and that legislation prohibits us from excluding the application of, or our liability under, any such, guarantee condition or warranty, that guarantee, condition or warranty will be deemed included but our liability will be limited for a breach of the condition or warranty to one or more of the following (at our option):
- if the breach relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
2.2 The disclaimer set out in clause 2.1 above does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
3. Copyright and Trademarks
3.1 Copyright in the text, graphics, user interfaces, photographs, images, logos, icons, sounds, music, sound recording, computer code, Information and software of this website (Content) and the design, structure, layout, expression, look and feel, and arrangement of such Content, is owned or licensed by us.
3.2 Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except as expressly authorised by these Terms, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of any Content on the website; or
(b) commercialise any information, products or services obtained from any part of any Content on the website, without our prior written permission or, in the case of third party material, from the owner of the copyright in that Content.
3.3 Your use of the website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
3.4 Except where otherwise specified, any word or device used on the website as a trade mark is a registered or proprietary trade mark. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive;
(d) in a manner that disparages us or our information, products or services (including the Site); or
(e) without our prior written permission.
4. Use of the website and unacceptable activity
4.1 You must not do any act that we deem in good faith to be inappropriate, or which is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
(a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
(b) using this website to defame or libel us, our employees or other individuals;
(c) using any device, software or method to interfere (or attempt to interfere) with the proper functioning of this website or any transaction being conducted on the website, or with any other person’s access to or use of this website;
(d) uploading files that contain viruses that may cause damage to our property or the property of other individuals; or
(e) posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
4.2 If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
4.3 You must ensure that your access to the website is not illegal or prohibited by laws which apply to you.
4.4 You must take your own precautions to ensure that the process which you use for accessing the website does not expose you to the risk of viruses, malicious computer code or any other form of interference or disruption which may damage your own computer system or network. We do not accept responsibility for any interference, disruption or damage to your own computer system or network which arises in connection with your use of the website or any linked website.
5.2 If you would like any further information about our privacy policies or practices, please contact us at firstname.lastname@example.org.
6. Security of information
No data transmission over the Internet can be guaranteed as totally secure. Other than an expressly set out in these Terms, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.
8. Social Media
8.1 Our website connects to or is related to the following social media platforms: Facebook, LinkedIn, Instagram, Pinterest, Twitter, Clubhouse, Spotify and various blogs (Social Media Platforms). The terms, conditions and policies that apply to the Social Media Platforms also apply to the Young Folks accounts that the Social Media Platforms host. You should familiarise yourself with the terms, conditions and policies of the Social Media Platforms before you participate in them.
8.2 We reserve the right to remove or disable access to our Social Media Platform in our sole discretion without notice including for: intellectual property infringement; defamatory, unlawful, hateful, offensive, threatening, harassing or otherwise objectionable participation; illegal or unauthorised actions including for commercial advertisements or other forms of solicitation or collecting email addresses; participation that is not in compliance with all applicable laws and regulations or the terms, conditions and policies of the applicable Social Media Platforms.
8.3 You agree that any comments or reviews you make on the website or to our Social Media Platforms will not violate any of our right or the rights of any third-party, including copyright, trade mark, privacy or other personal or proprietary right. You further agree that your comments will not contain libellous, defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments or reviews. You are solely responsible for any comments or reviews you make and their accuracy. We take no responsibility and assume no liability for any comments or reviews posted by you on the website or to our Social Media Platforms.
9. Linked Websites
9.1 This website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites.
9.2 Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless expressly stated otherwise.
10. Amendment of Terms
We reserve the right to amend these Terms from time to time, and will publish any amendments on our website. Your continued use of the website following such update will represent an agreement by you to be bound by the amended Terms.
11.1 These Terms are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of and in that jurisdiction and courts of appeal from such courts.
11.2 We may terminate access to this website at any time without notice. Clauses 1, 2, 3 and this clause 11 of these Terms and other terms which are capable of survival will nevertheless survive any such termination.
11.3 We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
11.4 Any failure by a party to exercise any right under these Terms or any delay by a party in exercising a right under these Terms does not operate as a waiver. The single or partial exercise of any right under these Terms by that party does not preclude any other or further exercise of that or any other right by that party. A waiver of one breach of a term of these Terms does not operate as a waiver of another breach of the same term or any other term of these Terms.
11.5 If any provision of these Terms is invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be severed from these Terms.
11.6 These Terms set out the entire agreement and understanding between you and us with respect to the subject matter of these Terms and supersedes all prior agreements, understandings and representations.