Terms and Conditions

SAFE ON SOCIAL TOOLKIT: TERMS AND CONDITIONS

Welcome!

The services that we provide via our newsletters, websites, toolkits, online or in-person platforms, channels, forums and/or events are collectively referred to as the Safe on Social Toolkit Network (“Safe on Social Toolkit Network”).

The safeonsocialtoolkit.com website and Safe on Social Toolkit are operated by Mamamia.com.au Pty Ltd (“Mamamia”), ACN: 105 572 192, collectively “we”, “us”, “our”.

These Terms and Conditions (“Terms of Service”) govern your registration to the safeonsocialtoolkit.com website, Safe on Social Toolkit, and the Safe on Social Toolkit Network.

If you are accepting these Terms of Service on behalf of an organisation or other legal entity (whether as authorised employee, or agent) you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity.

Please read these Terms of Service carefully and contact info@safeonsocialtoolkit.com if you have any questions before signing up to safeonsocialtoolkit.com or engaging with our services through the Safe on Social Network.

1. ACCEPTANCE OF TERMS:

When you sign-up for the Safe on Social Toolkit at safeonsocialtoolkit.com you are accessing and using and signing up to up to the Safe on Social Toolkit Network. By accessing, using, or signing up to the Safe on Social Toolkit Network, you acknowledge that you have understood these Terms of Service and you agree to be legally bound by these Terms of Service. If you do not agree with any part of these Terms of Service, you should not access, use or sign up to the Safe on Social Toolkit Network. You must be at least eighteen years old to sign up to the Safe on Social Toolkit Network. You must refrain from accessing the Safe on Social Toolkit if you are not eighteen or older unless you contact us first at the email above.

If these Terms of Service are updated or modified by us, at our sole discretion, we will notify you either on safeonsocialtoolkit.com or via email and you will be responsible for deciding whether to maintain your membership with Safe on Social Toolkit and to continue accessing or using the Safe on Social Toolkit Network.

2. SIGNING UP: 

For Parents, in order to access the Safe on Social Toolkit and the Safe on Social Toolkit Network, you must register to become a member by creating a user account (“User Account”) and making payment of the relevant registration fee specified on the application page of the safeonsocialtoolkit.com Website. 

For schools and other organisations, we will reach out to you to offer information regarding the Safe of Social Toolkit, or you can register your interest in this service by completing the contact form on our Safe on Social Toolkit website at  www.safeonsocialtoolkit.com/pages/schools-toolkit. If you express interest in signing up to the Safe on Schools Toolkit, we will email you an invoice for this service. 

Upon full payment of the relevant fees (“Safe on Social Toolkit Fees”), we will allow you to access or create login to a user account (“User Account”) which grants you access to the Safe on Social Toolkit, or we may do so on your behalf.

In order to create a User Account you will need to provide certain information to us, that is able to personally identify you, including but not limited to, your name and your email address. You warrant that all information provided by you is accurate, complete, true and up to date and you agree to notify us immediately in the event that any of your personal information or contact details change. Our use of the personal information provided by you is governed by our Privacy Policy available at safeonsocialtoolkit.com.

You acknowledge and agree that we may conduct enquiries or request further information, including a form of identification, at our entire discretion in order to verify your identity or your organisation’s eligibility to receive our services.  

You agree not to create more than one User Account without our express, written permission. 

You agree not to create User Accounts for any person or entity that is not you or that is not owned or controlled by you, without our express, written permission.

You will not seek to pass yourself off as another user. 

You agree not to do anything which would assist a third party who is not a registered user to gain access to any restricted area of the Safe on Social Toolkit Network or to Confidential Information (defined below) or Toolkit Materials associated with the Safe on Social Toolkit.

You agree that you are responsible for maintaining the protection and confidentiality of your User Account information, such as account identifiers, your password and your account activities.

You will notify us immediately if you become aware of any unauthorised use of your password or account identifiers by others, or if your password is lost or becomes known to any other party.

You agree that the information that you provide to us, post, share or otherwise communicate in the course of your engagement with the Safe on Social Toolkit Network will be licensed to us in accordance with the Terms of Service.

Once you have registered through your User Account, you agree that you accept to be bound by the provisions of these Terms of Service, in addition to the organisation or other legal entity you represent.

3. RENEWAL

For parents, unless you cancel your subscription before the end of the subscription period, renewal of the subscription of your Safe on Social Toolkit account will occur automatically at the end of the subscription period. 

For school and other organisations, you will be contacted by us before the end of your subscription with renewal information and pricing. To renew your subscription, and to avoid suspension or termination of your account, you must pay the renewal fee listed on the invoice prior to the end of your current subscription period.     

4. SAFE ON SOCIAL TOOLKIT

Upon signing up to the Safe on Social Toolkit, the Safe on Social Toolkit Network and making payment of the relevant Fees, you will gain access to various written content, audio content, video content, information, seminars, workshops, tasks, tips, tools, models and services (“Toolkit Materials”), which together constitute the toolkit offered (“Safe on Social Toolkit”). 

Upon signing up to Safe on Social Toolkit, you may be given access to online or in-person forums or events in the Safe on Social Toolkit Network, where you can post content, ideas, messages, videos, audio-visual material or other materials (“Your Content”).

You acknowledge and agree that the information offered by us in delivering the Safe on Social Toolkit and generally through the Safe on Social Toolkit Network: 

  • is offered for general information purposes;
  • is curated by us at our entire discretion from time to time;
  • does not purport to offer specialised, legal or therapeutic advice; and
  • is not a certified course and has no affiliation with or endorsement from any accredited university, college, school or TAFE.

You understand and agree that:

  • Safe on Social Toolkit is offered for the purpose of providing tools, resources and information relating to cyber safety, and that by signing up for the Safe on Social Toolkit, you will not be guaranteed any particular outcome or result;
  • the illustrations and information provided in the Toolkit Materials and otherwise in association with the Safe on Social Toolkit reflect concepts, theories, models, guidelines and ideas only;
  • you must not sign up to the Safe on Social Toolkit in reliance on any illustration, information, testimonial or statement provided by us, our directors, employees or assigns; and
  • Mamamia, its directors, employees or assigns are in no way liable or responsible for your decisions, acts or omissions, or any losses, damages, costs or claims that may arise from those decisions, acts or omissions, or the acts or decisions of others in relation to you or your children.

Safe on Social Toolkit and the Safe on Social Toolkit Network has been established in order to provide you with tools, resources and information relating to cyber safety, however, you acknowledge and agree that:

  • We are in no way responsible for the content published, communicated or shared to the Safe on Social Toolkit Network by any other person or business, whether or not they have registered for Safe on Social Toolkit or have their own User Account; and
  • You will not make decisions, take action or fail to act in reliance on the content, theory, model, ideas, information, illustrations, testimonials or statements of any other person or business, whether or not they have registered for the Safe on Social Toolkit or have their own User Account.
  • We may (but are not obligated to) do any or all of the following without notice to you:
    • investigate your access, use or engagement with the Safe on Social Toolkit and the Toolkit Materials as we deem appropriate, to ensure compliance with any applicable law, regulation, government request or legal process; and
    • edit or alter Safe on Social Toolkit and the Toolkit Materials, at our sole discretion.

5. FEES:  

The relevant fees payable upon signing up for the Safe on Social Toolkit are listed on safeonsocialtoolkit.com or will be provided to your organisation separately via email. Other services, products and offerings may become available to registered members through the Safe on Social Toolkit Network from time to time, and all fees payable in relation to those services, products and offerings will be payable in accordance with these Terms of Service.  The fees payable under this Section:

  • are in Australian dollars unless otherwise specified;
  • exclude GST unless otherwise specified;
  • are fixed once your registration for Safe on Social Toolkit has been confirmed, subject to payment being made at the time of purchase; and
  • may change, at our discretion, without notice.

You agree to pay the Safe on Social Toolkit Fees in accordance with the option selected at the time of registering or agreeing to purchase the Safe on Social Toolkit.

You agree to pay all fees payable in connection with a service, product and offering purchased through the Safe on Social Toolkit Network at the time of purchase.

We accept payment for purchases of the for the Safe on Social Toolkit online via Stripe or where we invite you to do so, via direct bank transfer. Payments via Stripe are subject to Stripe’s terms and conditions. We are not responsible for any interruptions, disruptions or delays in these services or facilities or the transfer of funds. If we invoice you for any part of Safe on Social Toolkit Fees or for any amount in connection with the services, products or offerings purchased through the Safe on Social Toolkit Network, payment will be due and payable on or before the relevant due date specified on the invoice. Where a third party agent or entity collects or debits Safe on Social Toolkit Fees on our behalf, you affirm that the above undertakings and representations are applicable in relation to that third party.

Upon receiving your payment of the relevant Safe on Social Toolkit Fees in full, we will send you a communication confirming your successful registration to Safe on Social Toolkit. Any other communication from us acknowledging your sign up or User Account is for information purposes only and does not put us under any obligation to provide access to the Safe on Social Toolkit until full payment can be confirmed.

You undertake and warrant that:

  • all information that you have provided for the purpose of signing up to the Safe on Social Toolkit is correct and not misleading;
  • you are fully entitled to use the payment card or account that you use to make payments; and
  • you have sufficient funds in your payment card or account to cover the Safe on Social Toolkit Fees or any fees payable in accordance with this Section.

We will take all reasonable steps to ensure or procure that all personal information in connection with billing is protected or encrypted, but to the extent permitted at law, we make no warranty about the reliability, completeness or fitness for the purpose of any encryption or storage system used. 

Other than as required by the Competition and Consumer Act 2010 (Cth), you acknowledge that you are not      entitled to a refund for any Safe on Social Toolkit Fees. 

Please note: we do not offer refunds or credits for unused time if you cease using the Service before the end of your subscription term, or if you are a school and wish to downgrade your package level.  Downgrading your plan level may cause the loss of content, features, or capacity of your account and Mamamia does not accept any liability for such loss. If you cancel a subscription or terminate an account, any fees charged prior to the cancellation/termination or orders placed prior to cancellation/termination, will not be refunded, whether or not you have accessed the Safe on Social Toolkit Network.

We reserve the right to:

  • suspend or terminate your access to Safe on Social Toolkit if you fail to pay any part of Safe on Social Toolkit Fees or other amounts payable by you in connection with your access to the Safe on Social Toolkit;
  • on-sell or authorise a debt collection agency or other authorised agency to collect any amount that is payable by you and has not been paid; and
  • inform credit watch monitoring services of ongoing defaults trends or payment avoiding strategies employed, at our discretion.

Any offers, discounts or specials on goods or services provided by us in connection with the Safe on Social Toolkit, will be provided at our absolute discretion and may be withdrawn or revoked at any time if your User Account is suspended or terminated for any reason, or if you are no longer a member of the Safe on Social Toolkit Network.

6. PROHIBITED CONDUCT:

You acknowledge and agree that when accessing the Safe on Social Toolkit Network, you will not, inter alia:

  • access the Safe on Social Toolkit Network in breach of any applicable laws or regulations or these Terms of Service:
  • use the Safe on Social Toolkit Network to transmit (or permit transmission of) unsolicited emails, junk mail, spam, promotional materials or any other uninvited correspondence or form of solicitation to any third parties, including other members of the Safe on Social Toolkit Network;
  • attempt to alter, change, modify, adapt, translate, edit or reverse engineer any element of the Safe on Social Toolkit Network, the Toolkit Materials or any other content contained therein;
  • use or incorporate the Safe on Social Toolkit Network, the Toolkit Materials or any other content contained therein, on any other website or other media without our prior written consent or the prior written consent of the relevant third party that owns or controls the content contained therein;
  • use the Safe on Social Toolkit Network, the Toolkit Materials or any other content contained therein, in any manner that we may, in our sole discretion, consider unlawful, fraudulent, misleading, deceitful, harmful, threatening, abusive, harassing, intimidating, tortious, defamatory, discriminatory, hateful, offensive, pornographic, indecent, obscene, vulgar, inflammatory or in any other way objectionable or inappropriate;
  • use the Safe on Social Toolkit Network, the Toolkit Materials or any other content contained therein in any manner that may, in any manner, damage, disable, overburden or impair the Safe on Social Toolkit Network;
  • use the Safe on Social Toolkit Network, the Toolkit Materials or any other content contained therein in any way that we may, in our sole discretion, consider to be an infringement of any of our rights or any rights of any third parties;
  • use the Safe on Social Toolkit Network to solicit, harvest or collect any personal information, including, but not limited to usernames and passwords from any third parties by electronic or other means, with that parties express and informed consent or approval; or
  • use automated scripts to collect information from or otherwise interact with the Safe on Social Toolkit Network. 

When posting, publishing, sharing or otherwise communicating Your Content or other content on the Safe on Social Toolkit and Safe on Social Toolkit Network, you will not: 

  • infringe our rights or the rights of any third party, including in relation to copyright, trademark, patent, trade secret or any other intellectual property or proprietary rights;
  • use or communicate content that is unlawful, fraudulent, misleading, deceitful, harmful, threatening, abusive, harassing, intimidating, tortious, defamatory, discriminatory, hateful, offensive, pornographic, indecent, obscene, vulgar, inflammatory or in any other way objectionable or inappropriate;
  • harass, degrade, intimidate or otherwise target an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • use or communicate information that may identify an individual without that person’s express and informed consent;
  • use or communicate information that may constitute or include information about an investment proposal or a pyramid scheme, and use or communicate information about or on behalf of any other person or entity without their express, informed consent;
  • use or communicate information that misrepresents your affiliation with us or any third party;
  • use or communicate information that constitutes financial, legal, medical or other professional advice; and
  • contact other users directly without their express consent.

You agree that you will not use the Safe on Social Toolkit and Safe on Social Toolkit Network, for any other purpose other than its intended purpose, including, but not limited to: 

  • use of the Safe on Social Toolkit Network for any non-approved commercial purposes;
  • the distribution of unsolicited commercial messages; 
  • the sale of access to the Safe on Social Toolkit Network; 
  • the use of the Safe on Social Toolkit Network for gaining advertising or subscription revenue without approval; 
  • the sale of advertising on the Safe on Social Toolkit Network or any third party website without approval; and
  • use of the Safe on Social Toolkit Network, or related resources for the purposes of competing with or displacing the market for the Safe on Social Toolkit brand.
  • You will not be involved in or contribute to, directly or indirectly, any conduct, activity, statement, accusation or claim that: 
  • may harm, disparage, damage or diminish the reputation of the Safe on Social Toolkit, the Safe on Social Toolkit brand, the Safe on Social Toolkit Network, or any other person or participant associated with the Safe on Social Toolkit Network; 
  • Brings the Safe on Social Toolkit, the Safe on Social Toolkit Network, our clients, affiliates, employees, contractors or assigns into public disrepute; or
  • defames Safe on Social Toolkit, our clients, affiliates, employees, contractors or assigns.

You agree to comply with any applicable “house rules” in the Safe on Social Toolkit, and you will be respectful, professional and courteous at all times during the course of your engagement with other users on the Safe on Social Toolkit Network. 

You must not share any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You must not share content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

7. YOUR CONTENT: 

You are solely responsible for Your Content, including without limitation any photographs, profiles, messages, comments, notes, text, website links, quotes, music, images, videos, audio, listings, or other content that you post, transmit, communicate, upload, distribute, store, create, publish, make available or otherwise share through the Safe on Social Toolkit and Safe on Social Toolkit Network.

By sharing Your Content, you automatically grant, and you represent and warrant that you have the right to grant, to us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence and right to use, distribute, copy, display, modify, translate, edit, exploit and commercialise Your Content for any purpose and in any media existing now or in the future in connection with the Safe on Social Toolkit Network.

When you share Your Content, you authorise us to make such copies thereof as we deem necessary in order to facilitate the storage and sharing of Your Content on the Safe on Social Toolkit Network.

Subject to the rights granted to us under these Terms of Service, you retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content.

You acknowledge and agree that when you post, publish, share or otherwise communicate Your Content via the Safe on Social Toolkit Network or on any public platform associated with the Safe on Social Toolkit Network, all other members or persons with access to the Safe on Social Toolkit Network will be able to access, view and respond to Your Content.

You agree to comply with Section 5 when you post, publish, share or otherwise communicate Your Content to the Safe on Social Toolkit Network. Whilst we take no responsibility and accept no liability for Your Content or other content that may appear on or may be communicated via the Safe on Social Toolkit Network, we reserve the right to:

  • monitor use of the Safe on Social Toolkit Network; and 
  • review, screen, monitor, remove, delete, edit reformat, reject or modify Your Content on the Safe on Social Toolkit Network, at our sole discretion.

You must not share information, content or materials that you did not create or that you do not have explicit permission to share or disclose on the Safe on Social Toolkit Network.

You are solely responsible at your sole cost and expense for creating backup copies and replacing Your Content.

You waive all moral rights or other similar rights that you may be entitled to under the laws of any and all jurisdictions throughout the world in perpetuity in Your Content or any content contributed by you to the Safe on Social Toolkit Network. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of us and the Safe on Social Toolkit Network and its nominated representatives, to any past, present and future doing of any act or omission in relation to Your Content or any content contributed by you to the Safe on Social Toolkit Network that may otherwise infringe or breach such rights.

8. INTELLECTUAL PROPERTY: 

The intellectual property relating to the Safe on Social Toolkit and Toolkit Materials is jointly owned by Mamamia.com.au Pty Ltd (ACN 105 572 192) and Safe on Social Media Pty Ltd  (ACN 615 330 731), including, but not limited to written content, visual or interactive elements, graphics, design, code, audio or video recordings, models, software, reports, copyrights, trade marks, logos, trade names, and other intellectual property rights throughout the world.

Except as expressly set out in these Terms of Service, you do not have any rights, title or interest, including, but not limited to copyright, in or to any of the Toolkit Materials or any content or information shared by us or a third party via the Safe on Social Toolkit Network. Nothing in connection with the Safe on Social Toolkit Network should be construed as granting any right of use in relation to any intellectual property owned by us. We grant to you a non-commercial, non-exclusive, non-transferable, revocable and limited licence to access and use the Toolkit Materials for educational and general information purposes only. You may browse or print the Toolkit Materials for educational and general information purposes, but you may not reproduce, exploit or use it for any other purpose, without obtaining the express, written consent from Us.

For the avoidance of doubt, you may not use, reproduce, modify or otherwise exploit any part of the Toolkit Materials or any content communicated by us in connection with the Safe on Social Toolkit Network to establish, develop, create, maintain or deliver, or assist in establishing, maintaining or delivering your own course, workshop, seminar or network. The trademarks, logos, and service marks displayed in connection with the Safe on Social Toolkit are the registered or unregistered trademarks of Mamamia.com.au Pty Ltd and Safe on Social Media Pty Ltd. You may not use, reproduce, modify or otherwise exploit our trademarks, whether registered or unregistered, in connection with any product or service, without our express, written consent. You may not use the Toolkit Materials, any content shared via the Safe on Social Toolkit Network, or our trademarks, logos, and service marks in any manner that may mislead or deceive the public or cause confusion amongst consumers.

If we make content available for sharing or embedding on third party sites, the following terms will apply:

  • such content may not be used for commercial purposes except with our prior written consent, and content may only be shared or embedded in accordance with the functionality made available through the Safe on Social Toolkit Network; 
  • no rights whatsoever in any content are granted to you by virtue of our sharing and embedding functions, and we reserve all rights in relation to the content, including the right to delete or remove or to require users to delete or remove shared or embedded content for any reason in our absolute discretion; 
  • notwithstanding the terms of this Section, we will not necessarily notify you of the decision to delete or remove shared or embedded content; 
  • you must display sufficient contact information in order to allow us to make contact or request such removal; 
  • if a request is made for you to remove shared or embedded content from your website, platform or application, you must comply promptly, but in any case within one business day of the request being made; and
  • we do not make any warranty, representation or guarantee as to the availability or any quality of service of embedding functionality and may disable the functionality without notice.

To the extent that we have a right to seek a legal remedy in connection with this Section, you agree that we will have a right to injunctive relief.

9. NO ENDORSEMENT: 

From time to time we may provide links to party websites or online applications which are entirely unrelated to Safe on Social Toolkit or the Safe on Social Toolkit Network, and any access or use by you of those third party websites or services is subject to the terms and conditions and privacy policies applicable to those third party websites or services. 

From time to time we may undertake third party advertising, or provide testimonials or statements in relation to third party websites, services, events or products. By displaying such advertising, testimonials or statements, we do not in any way represent that we endorse the relevant advertisement, its products, events or services, unless expressly stated in the advertising, testimonial or statement.

We may, from time to time, receive certain benefits or compensation in connection with advertising or making testimonials, statements or recommendations relating to a third party website, service, event or product. We will use reasonable efforts to disclose all paid or sponsored advertising, but you acknowledge and agree that you engage with third parties at your own risk and are solely responsible for your engagement with third party websites, services, events or products. 

For the avoidance of doubt, we do not accept any responsibility in connection with your engagement with or use of any third party websites, services, events or products, whether endorsed by us or not.

Your engagement with third parties via the Safe on Social Toolkit Network is entirely at your own risk. We do not accept any responsibility for any communications or transactions between you and a third party using the Safe on Social Toolkit Network or for your participation in a third party’s event, competition or activity, whether access via the Safe on Social Toolkit Network or not.

10. CONFIDENTIAL INFORMATION:  

For the purpose of these Terms of Service, “Confidential Information” means information that is not disclosed to the public, including without limitation, sensitive information about a party’s financial affairs, business plans, clients, works in progress, products or services. 

You agree not to disclose or use any Confidential Information received by you in relation to safeonsocialtoolkit.com, Safe on Social Toolkit, or the Safe on Social Toolkit Network, without our express written permission, except:

  • as required by law, upon providing notice to us of such disclosure; or 
  • to solicitors or other professional advisers to obtain advice.

You agree not to disclose or use the Confidential Information of any person or third party received as a result of your engagement with the Safe on Social Toolkit Network, without the prior written permission of that third party, except:

  • as required by law, upon providing notice to us of such disclosure; or 
  • to solicitors or other professional advisers to obtain advice.

You agree that the Toolkit Materials are confidential and proprietary information and must not be shared or disclosed outside of the Safe on Social Toolkit Network or your User Account, or to any person that does not have a User Account that permits them to access the Safe on Social Toolkit and the Safe on Social Toolkit Network.

You agree that the testimonials, statements and experiences of other Safe on Social Toolkit members constitutes Confidential Information and should not be disclosed without our express, written consent and the relevant person’s express, written permission.

To the extent that we have a right to seek a legal remedy in connection with this Section, you agree that we will have a right to injunctive relief.

11. WARRANTY: 

You warrant and represent that: 

  • you have full authority to enter into these Terms of Service; 
  • you are at least 18 years of age or older;
  • all Your Content is original to you and will not infringe any rights of any third parties, including, but not limited to copyrights and moral rights; and
  • your Content does not breach these Terms of Service;
  • Your Content is not defamatory, abusive, harassing or an infringement on our rights or the rights of third parties;
  • you have the right to use Your Content and grant us a licence in relation to Your Content in accordance with Section 6;
  • you will not make any statement within or outside of the Safe on Social Toolkit Network, that brings Safe on Social Toolkit, the Safe on Social Toolkit Network, our clients, affiliates, employees, contractors or assigns into public disrepute;
  • you are not otherwise involved in and have not contributed to, directly or indirectly, any conduct, activity, statements accusation or claims that are prohibited by the Prohibited Conduct under Section 5; and
  • to the extent that you have any rights to seek a remedy in the event of a breach of these Terms of Service by us, your sole remedy will be an action at law for damages and you will in no event have a right to injunctive relief; and
  • you consider the these Terms of Service to be reasonable and appropriate in light of each party’s interests.

We warrant and represent that: 

  • we have full authority to enter into these Terms of Service;
  • all Toolkit Materials are original to us or are properly licensed to us for the purpose of delivering the Safe on Social Toolkit;
  • the Toolkit Materials are not defamatory, abusive, harassing or an infringement on your rights or the rights of third parties; and
  • we will not make any statement within or outside of the Safe on Social Toolkit Network, that brings you, your business, your clients, affiliates, employees, contractors or assigns into public disrepute.

12. SUSPENSION OR TERMINATION:

Without limiting any other remedies that may be available to us, we reserve the right to suspend or terminate you or your organisation’s User Account, and your access to the Safe on Social Toolkit and the Safe on Social Toolkit Network without notice if, in our sole discretion:

  • you have breached any of the provisions of these Terms of Service;
  • you have breached or violated any laws, rules, regulations, guidelines or third party arrangements in connection with the Safe on Social Toolkit Network;
  • a failure by you to satisfy any eligibility or quality criteria required under these Terms of Service or communicated by us from time to time in order to maintain a User Account;
  • we are of the opinion that discontinuing or terminating your access to the Safe on Social Toolkit or Safe on Social Toolkit Network is reasonably necessary to protect the personal safety or property of us, our directors, employees, assigns or third parties members; and
  • allegations or charges are made against you in relation to any fraudulent or illegal activities. 

We may discontinue, temporarily or permanently, Safe on Social Toolkit or the Safe on Social Toolkit Network (or any part thereof) or terminate, suspend or limit your access to your User Account, with or without notice, for any of the following reasons (which are not intended to be exclusive):

  • a request by you;
  • requests by law enforcement or other government agencies;
  • discontinuance or material modification to the Safe on Social Toolkit or Safe on Social Toolkit Network (or any part thereof);
  •  technical or security issues or problems; and 
  • maintenance periods; or
  • extended periods of inactivity.

Note that we do not offer refunds or credits for unused time where we terminate or suspend your account before the end of your subscription term. 

Where appropriate we will give you the opportunity to rectify or resolve any breach or issue before suspending, terminating or limiting your User Account or your access to the Safe on Social Toolkit or Safe on Social Toolkit Network, but you acknowledge and agree that if your breach is material or is incapable of being rectified or resolved, we may suspend, terminate or limit your User Account or your access to the Safe on Social Toolkit or Safe on Social Toolkit Network with immediate effect. 

We may store, keep or disclose any information that we collect about you (including personal information) in order to investigate compliance with the Terms of Service or for the purposes of any claim against you, police investigation or governmental request. 

On suspension, termination or limitation of your User Account, you may not register a new User Account or access the Toolkit Materials or the Safe on Social Toolkit Network through another member’s User Account.

You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your User Account or your access to Safe on Social Toolkit or Safe on Social Toolkit Network.

To the fullest extent permissible at law, on termination of your User Account, Sections 6, 8, 9, 10, 11, 13 and 14 of these Terms of Service will survive and remain in full effect.

13. DISCLAIMER:

You access the Safe on Social Toolkit and use the Safe on Social Toolkit Network at your own risk. 

To the extent permitted by law we exclude all conditions and warranties relating to your access to and use of the Safe on Social Toolkit and Safe on Social Toolkit Network that are not expressly set out in these Terms of Service. All Toolkit Materials are provided as education and general information only and should not be taken or relied upon as professional advice.

We take no responsibility and accept no liability for any content that is posted on or otherwise communicated to you via the Safe on Social Toolkit and the Safe on Social Toolkit Network by any other user, member or third party. The information posted in our comments, including advice and opinions, is the responsibility of those members who create the posts and do not necessarily reflect the views of us, our directors, employees or assigns. Posts from users may contain information that is incorrect or dangerous. Please consult a qualified professional before relying on information you find in the Safe on Social Toolkit Network.

NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE AND TO THE MAXIMUM EXTENT POSSIBLE AT LAW, WE EXCLUDE ALL LIABILITY: 

  • WHATSOEVER IN RELATION TO YOUR USE OF THE SAFE ON SOCIAL NETWORK AND IN PARTICULAR, SAFE ON SOCIAL TOOLKIT, TOOLKIT MATERIALS, OR ANY BREACH OF THESE TERMS OF SERVICE;
  • ARISING FROM ANY DEFECT, FAILURE TO CORRECT DEFECTS, CORRUPTION, ATTACK, VIRUS, TROJAN HORSE, INTERFERENCE, OMISSION, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, DELETION, HACKING OR OTHER SECURITY OR TECHNICAL INTRUSION IN CONNECTION WITH THE SAFE ON SOCIAL NETWORK;
  • WHATSOEVER IN RELATION TO YOUR RELIANCE ON THE ACCURACY, SUITABILITY, COMPLETENESS, PROFESSIONAL SOUNDNESS OR CURRENCY OF INFORMATION, PRODUCTS OR SERVICES PROVIDED BY US AND IN PARTICULAR, IN RELATION TO THE TOOLKIT MATERIALS; AND
  • ARISING FROM UNLAWFUL THIRD PARTY CONDUCT, THEFT, UNAUTHORISED ACCESS, DESTRUCTION, ALTERATION OR UNAUTHORISED ACCESS TO YOUR CONTENT, THE USE OF CREDIT CARD OR OTHER FINANCIAL INFORMATION, FAILURE OR DELAY IN COMPLETING A TRANSACTION, OR OTHER LOSS OR DAMAGE ARISING FROM ANY TRANSACTION MADE OR ATTEMPTED IN CONNECTION WITH THE SAFE ON SOCIAL NETWORK.

14. LIABILITY AND INDEMNITY:  

Notwithstanding anything in these Terms of Service, you agree to indemnify us and hold us harmless against any direct or indirect damage, expense, loss, or cost arising from your use of the Safe on Social Toolkit and Safe on Social Toolkit Network or your breach of these Terms of Service or any warranty included herein.

To the extent that our liability for breach of any implied warranty or term cannot be excluded by law, our liability will be limited, at our option, to: 

  • in relation to services, the re-supply of the service or the payment of the costs of having the service re-supplied; or 
  • in relation to goods, the replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of having the goods replaced or payment of the cost of having the goods repaired.

In no event will we be liable to you for any indirect, incidental, special or consequential losses or damage, including, but not limited to financial loss, loss of profits, revenue, goodwill, data, opportunity of whatever nature, or the cost of procurement of substitute products or services, howsoever arising in connection with your access to or reliance upon the Toolkit Materials or the Safe on Social Toolkit Network. 

15. MISCELLANEOUS:  

These Terms of Service constitute the entire agreement between you and us regarding your registration to the safeonsocialtoolkit.com website, the Safe on Social Toolkit and access to the Safe on Social Toolkit Network. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The headings and section titles in these Terms of Service are for convenience only and have no legal or contractual effect. You may not assign, transfer or otherwise sublicense your rights under these Terms of Service. These Terms of Service shall operate to the fullest extent permissible at law. If any provision or provisions of these Terms of Service are determined to be unlawful, void or unenforceable, that provision shall be deemed to be severable from these Terms of Service, and shall not be deemed to affect the validity or enforceability of any remaining provisions.

We reserve the right to amend these Terms of Service and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of the Safe on Social Toolkit and access to the Safe on Social Toolkit Network will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of the Safe on Social Toolkit and the Safe on Social Toolkit Network.

To the maximum extent permitted by law, and without limiting any other provision of these Terms of Service, we exclude liability for any delay in performing any of its obligations under these Terms of Service where such delay is caused by circumstances beyond our reasonable control, and we shall be entitled to a reasonable extension of time for the performance of such obligations.

These Terms of Service shall be governed by and interpreted in accordance with the laws of New South Wales, Australia, and the parties hereby agree and submit to the exclusive jurisdiction of the Courts of New South Wales.

16. CONTACTING US: 

All notices for any communications relating these Terms of Service should be sent to info@safeonsocialtoolkit.com for email or Mamamia.com.au Pty Ltd, Level 18, 100 William Street, Woolloomooloo NSW 2011.

17. INFRINGEMENT NOTICE

In particular, if you have a copyright infringement notification that you wish to make us aware of, you will need to identify the materials that you believe infringe your copyright, identify the protected copyright work, identify how the protected copyright work has been or is being infringed and include your contact information.

Please sign the notice and send it to info@safeonsocialtoolkit.com.