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Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE CAN DO KIDS BAND WEBSITE

Who we are and how to contact us

Cand Do Kids Band (CDK) (“We, Us”) operates a Website. We are registered in Australia under company number 117261720 and have our registered office at 6 Waterfront Place, ROBINA QLD.

To contact us, please email (support@candokidsworldwide.com)

 

By using our Website you accept these terms

These terms of use govern your use of our Website located at PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE CAN DO KIDS BAND WEBSITE

Who we are and how to contact us

Can Do Kids Band  (“We, Us”) operates a Website. We are registered in Australia under company number 117261720 and have our registered office at 6 Waterfront Place, ROBINA QLD.

To contact us, please email (support@candokidsworldwide.com)

 

By using our Website you accept these terms

These terms of use govern your use of our Website located at https://candokidsworldwide.com/ (“Website”) and form a binding contractual agreement between you, the user of the Website and Us.

For that reason these terms of use are important and you should ensure that you read them carefully and contact us with any questions before you use the Website.

By using the Website you acknowledge and agree that you have had sufficient chance to read and understand the terms of use and you agree to be bound by them. If you do not agree to the terms of use, please do not use the Website.

 

There are other terms that may apply to you

These terms of use refer to the following additional policies, which also apply to your use of our Website:
Our Privacy Notice
Our Cookie Policy , which sets out information about the cookies on our Website.

 

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply for the time being. These terms were most recently updated 31 August, 2022.

 

We may make changes to our Website

We may update and change our Website from time to time, to reflect changes to our products, and accommodate our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

 

Availability of our Website

Customers will be notified of any planned suspension of our Website which will affect their use of our services. We will endeavour to fix any unplanned downtime with minimal disruption to subscribers. See Subscription Terms for further information relating to any disruptions and terms applicable.

 

You must keep your account details safe

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

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

If you know or suspect that anyone other than you, or your Authorised Users (as defined in the Subscription Terms), knows your user identification code or password, you must promptly notify us at support@candokidsworldwide.com

 

How you may use material on our Website 

We are the owner or the licensee of all intellectual property rights on our Website and of the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved. Nothing in these terms of use constitutes a transfer of any intellectual property rights.

Our status (and that of any identified contributors) as the authors and intellectual property right owners of content on our Website must always be acknowledged.

You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
Some teacher resources have been created with a view to teachers downloading and printing for their use in their classrooms only (and no onward supply to other teachers or Institutes/Schools who are not subscribers). For the avoidance of doubt, only a teacher who is teaching in an Institute or body who is a subscriber, may use and access the materials. Non-subscribers should not use resources without our express permission. Resources should not be copied and used without acknowledgement.

Some parts of the Website are designed for students to access online only, due to functionality.

Some resources have been created with a view to teachers, students, parents or carers downloading and printing for their personal use and in classroom use only (and no onward supply to other students, teachers or Institutes/Schools who are not subscribers). For the avoidance of doubt, only a student or teacher who is teaching in an Institute or body who is a subscriber or a subscriber, may use and access these materials. Non-subscribers should not use resources without our express permission. Resources should not be copied and used without acknowledgement.
Misuse of the materials on our Website may result in suspension of subscription.

 

Information on this Website

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our site is accurate, complete or up to date. Subscribers are encouraged to contact us if they identify issues which CDK should address.

 

We are not responsible for Websites we link to

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

 

Our responsibility for loss or damage suffered by you

Our Website is provided on an “as is” and “as available” basis. You understand and agree that you use the Website at your own discretion and risk and that you will be solely responsible for any damage or loss whatsoever that results from such use. We disclaim to the fullest extent permitted by law all guarantees, warranties or representations of merchantability, acceptable quality and fitness for any purpose, security, reliability, accuracy, timeliness, and performance of the Website including any content contained within the Website.

-We do not exclude or limit in any way, our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
-We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
– We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
– use of, or inability to use our Website; or
– use of, or reliance on any content displayed on our Website.

 

How we may use your personal information

You consent to us handling any personal information and other data acquired from your participation in your use of the Website in accordance with our Privacy Policy.

We will only use your personal information as set out in our Privacy Notice

 

We are not responsible for viruses and you must not introduce them

While we take ongoing precautions and follow recommendations regarding Website integrity, we do not guarantee that our Website will be secure or free from bugs, viruses or malicious software.

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, malware, spyware, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Cybercrime Act 2001 or similar legislation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

 

Rules about linking to our Website

You may link to our home page or other public parts of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

Clients are encouraged to link to our Website to demonstrate their support for Can Do Kids Band.

 

Which country’s laws apply to any disputes?

These terms of use, their subject matter and their formation, are governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.

 

Our trademarks are registered

Can Do Kids Band is a UK registered trade mark owned by Viewpoint Resources Ltd and licensed to CJM Publications ATF Amazing People Trust. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under How you may use material on our Website.

 

General

You must not assign, sub licence or otherwise deal in any other way with any of your rights under these terms of use.

If a provision of these terms of use are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

 

Date of Last Revision: 31 August, 2022.

 

https://candokidsworldwide.com and form a binding contractual agreement between you, the user of the Website and Us.

For that reason these terms of use are important and you should ensure that you read them carefully and contact us with any questions before you use the Website.

By using the Website you acknowledge and agree that you have had sufficient chance to read and understand the terms of use and you agree to be bound by them. If you do not agree to the terms of use, please do not use the Website.

There are other terms that may apply to you

These terms of use refer to the following additional policies, which also apply to your use of our Website:
Our Privacy Notice.
Our Cookie Policy, which sets out information about the cookies on our Website.

 

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply for the time being. These terms were most recently updated 31 August, 2022.

 

We may make changes to our Website

We may update and change our Website from time to time, to reflect changes to our products, and accommodate our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

 

Availability of our Website

Customers will be notified of any planned suspension of our Website which will affect their use of our services. We will endeavour to fix any unplanned downtime with minimal disruption to subscribers. See Subscription Terms for further information relating to any disruptions and terms applicable.

 

You must keep your account details safe

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

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

If you know or suspect that anyone other than you, or your Authorised Users (as defined in the Subscription Terms), knows your user identification code or password, you must promptly notify us at support@candokidsworldwide.com

 

How you may use material on our Website

We are the owner or the licensee of all intellectual property rights on our Website and of the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved. Nothing in these terms of use constitutes a transfer of any intellectual property rights.

Our status (and that of any identified contributors) as the authors and intellectual property right owners of content on our Website must always be acknowledged.

You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

Some teacher resources have been created with a view to teachers downloading and printing for their use in their classrooms only (and no onward supply to other teachers or Institutes/Schools who are not subscribers). For the avoidance of doubt, only a teacher who is teaching in an Institute or body who is a subscriber, may use and access the materials. Non-subscribers should not use resources without our express permission. Resources should not be copied and used without acknowledgement.

Some parts of the Website are designed for students to access online only, due to functionality.

Some resources have been created with a view to teachers, students, parents or carers downloading and printing for their personal use and in classroom use only (and no onward supply to other students, teachers or Institutes/Schools who are not subscribers). For the avoidance of doubt, only a student or teacher who is teaching in an Institute or body who is a subscriber or a subscriber, may use and access these materials. Non-subscribers should not use resources without our express permission. Resources should not be copied and used without acknowledgement.

Misuse of the materials on our Website may result in suspension of subscription.

 

Information on this Website

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our site is accurate, complete or up to date. Subscribers are encouraged to contact us if they identify issues which IL should address.

 

We are not responsible for Websites we link to

Where our Website contains links to other Websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Websites, or of the information you may obtain from them.

We have no control over the contents of those Websites or resources.

 

Our responsibility for loss or damage suffered by you

Our Website is provided on an “as is” and “as available” basis. You understand and agree that you use the Website at your own discretion and risk and that you will be solely responsible for any damage or loss whatsoever that results from such use. We disclaim to the fullest extent permitted by law all guarantees, warranties or representations of merchantability, acceptable quality and fitness for any purpose, security, reliability, accuracy, timeliness, and performance of the Website including any content contained within the Website.

– We do not exclude or limit in any way, our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

– We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.

– We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
– use of, or inability to use our Website; or
– use of, or reliance on any content displayed on our Website.

 

How we may use your personal information

You consent to us handling any personal information and other data acquired from your participation in your use of the Website in accordance with our Privacy Policy.

We will only use your personal information as set out in our Privacy Notice.

 

We are not responsible for viruses and you must not introduce them

While we take ongoing precautions and follow recommendations regarding Website integrity, we do not guarantee that our Website will be secure or free from bugs, viruses or malicious software.

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, malware, spyware, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Cybercrime Act 2001 or similar legislation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

 

Rules about linking to our Website

You may link to our home page or other public parts of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

Clients are encouraged to link to our Website to demonstrate their support for Can Do Kids Band.

Which country’s laws apply to any disputes?

These terms of use, their subject matter and their formation, are governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.

Our trademarks are registered

Can Do Kids Band is a UK registered trade mark owned by Viewpoint Resources Ltd and licensed to CJM Publications ATF Amazing People Trust. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under How you may use material on our Website.

 

General

You must not assign, sub licence or otherwise deal in any other way with any of your rights under these terms of use.

If a provision of these terms of use are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

 

Date of Last Revision: 31 August, 2022.

 

Can Do Kids Band Subscription Agreement

This SUBSCRIPTION AGREEMENT contains the terms and conditions upon which CJM PUBLICATIONS PTY LTD ATF THE AMAZING PEOPLE TRUST (“we”, “us”, “our”) makes the Platform available to you (“you”, “your”).

By clicking “I Accept” or otherwise using the Platform you will be deemed to have accepted, and agreed to be bound by, the terms and conditions contained in this Agreement as amended from time to time. If you do not accept the terms and conditions contained in this Agreement, you must not use the Platform.

In consideration of the payment of the Subscription Fees during the Term and the exchange of obligations as expressed in this Agreement, we hereby agree to provide you with access to, and grant to you a non-exclusive, non-transferable Subscription to use, the Platform for the Term on the terms and conditions set out in this Agreement.

 

YOUR ACCOUNT

In order to enable you to use the Platform, we will provide you with an Account.

Security. You will be deemed to be responsible for any acts or events that occur within your Account. You must take reasonable steps to secure your Account against unauthorised access or use, including but not limited to ensuring that you:

a) keep secure, and do not share with any other person, your password and any other access or authorisation codes provided for your Account;
b) do not permit or allow any other person to access or use your Account;
c) notify us as soon as practicable if you become aware of any unauthorised use of your Account, or believe that the security of your Account may be compromised.

Your Details. You must promptly update and maintain your user details within your Account, including any change of address or contact details.

Use of your Account. You must only use your Account for lawful purposes and in accordance with any applicable Acceptable Use Policies. You can view our Acceptable Use Policy here.

You must not use your Account for any purpose that:

a) is illegal, unlawful or fraudulent;
b) makes false or misleading allegations or accusations against, or records false or misleading information about, you or any other person or in relation to any event or circumstance;
c) is capable of constituting harassment, discriminatory or defamatory of any other person;
d) attempts to gain unauthorised access to other user accounts or our systems; or
e) places unreasonable load or demand upon the Platform or our systems, including but not limited to conducting denial of service attacks against our systems.

 

PAYMENTS

During the Term:
a) You acknowledge and agree that the Subscription Fees will be billed automatically in accordance with your selected Payment Period and through your selected Payment Method.
b) You may adjust your Payment Period or Payment Method by accessing your Account.
c) You authorize us to continue billing the Payment Method each Payment Period. You warrant that these details are up to date and current and agree to remain responsible for any uncollected amounts.
d) We may adjust the Platform and/or the Subscription Fees from time to time, however, any price changes or changes to the Platform will apply to you no earlier than thirty (30) days following a notification email outlining the details of the changes.

 

IP RIGHTS

To the extent that any Content you input into the Platform embodies IP Rights:
a) you warrant to us that you are the owner of, or are otherwise authorised to use, the IP Rights subsisting in such Content;
b) you grant to us a non-exclusive, royalty-free licence to use the Content, and all IP Rights subsisting in such Content, for the purpose of supplying you with the Platform during the Term and otherwise performing our obligations to you under this Agreement and for use by the Platform.

You acknowledge that the Platform is the subject of IP Rights owned by, or licensed to, us or our associated entities. You agree that you will not any time, conduct or permit any act which infringes the IP Rights subsisting in the Platform, including but not limited to modifying, adapting, translating, reverse engineering, decompiling or disassembling the Platform or material on the Platform; or reproducing the Platform or material on the Platform except as otherwise expressly authorised by this Agreement.

You agree that you will not use any of our Trade Marks without our prior written consent.

 

POLICIES

From time to time we may adopt Policies. Such Policies will be published on our Website and will apply to you and be incorporated into the terms of this Agreement from the later of the date that the relevant Policy is stated to commence or we notify you of the relevant Policy.

 

SUPPORT

We encourage you to read and familiarise yourself with the materials on our Website relating to the use, features and operation of the Platform. We may change the content of such materials from time to time without notice.

 

WARRANTIES

You hereby warrant to us that you:
a) have exercised your independent judgement in entering into this Subscription and have not relied on any representation made by us or our servants, agents, which has not been stated expressly in this Agreement, or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by us or our servants, officers, agents or representatives;
b) have full legal capacity to enter into, perform and be bound by this Agreement and are not subject to any Insolvency Event or any other restriction that hinders or prevents your capacity to enter into, perform and be bound by this Agreement; and
c) by tendering any Payment Method in respect of any amounts payable in respect of the Subscription, you are the account holder or have the authority and consent of the account holder of such Payment Methods.

You acknowledge that the Platform is provided on an “as-is” basis and that, to the maximum extent permitted by law, we do not warrant or guarantee that the Platform will be free from errors or defects; be continuously available or operational; or incorporate particular functions or features.

In particular, we will retain the right to add or remove functions or features of the site at our sole discretion; and restrict or limit access to the Platform for the purpose of conducting scheduled and unscheduled maintenance of the Platform.

Subject to the maximum extent permitted by the Australian Consumer Law 2010 (Cth) (“the ACL”) (and relevant state legislation):
a) our sole obligation to you is to provide the Platform in accordance with this Agreement; and
b) in no event will we, or any of our servants, officers, agents or representatives, be liable to you for any:
i) other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the Platform or any goods or services provided to you under this Agreement, and any indirect, special or consequential damages or injury to any person.
i) default or failure in performance of our obligations pursuant to this Agreement resulting directly or indirectly from a Force Majeure event or your breach of any provision of this Agreement; or
i) Liabilities caused by, or suffered by you in relation to, an error or defect in the Platform or errors or faults caused by any person.

If the Platform, or any other goods or services provided to you in accordance with this Agreement, (jointly “Deliverables”) is supplied to you as a ‘consumer’ of goods or services (within the meaning of that expression in the ACL), then you will have the benefit of certain non-excludable rights and remedies in respect of the Deliverables and nothing in this Agreement excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the ACL (or similar legislation) is so conferred, provided that if the Deliverables are goods or services not ordinarily acquired for personal, domestic or household use or consumption pursuant to section 68A of the ACL (and similar provisions of relevant state legislation), our liability will be limited to the supplying of the Deliverables again; or the payment of the cost of having the Deliverables supplied again.

 

INDEMNITY

You agree to at all times promptly indemnify, save and hold us (and our related bodies corporate) harmless from and against all and any claims, damages, liabilities, costs and expenses (including legal costs and expenses) arising out of:
your breach of any warranty or obligation under this Agreement;
a) any act of negligence committed by you or on your behalf in performing or omitting to perform any obligations under this Agreement;
b) any loss suffered by a third party in connection with any of your acts or omissions, and those of your employees or agents (if any);
c) any claim by a third party against us (or our related bodies corporate) arising out of or in connection with your entry into this Agreement with us.

 

DISPUTES

Neither party may start court proceedings (except proceedings seeking interlocutory relief) in respect of any dispute arising from, or in connection with, this Agreement (Dispute) unless it has first complied with this clause 8.

A party claiming that a Dispute has arisen must notify the other party in writing of the event occurring that has given rise to the Dispute.

If a Dispute is not resolved within a 20 day working period (or if the parties agree a longer period, that longer period), of a Dispute being notified under clause 8.2, the Dispute must be referred for mediation, in accordance with the Australian National Mediation Standards and to a mediator agreed by the parties, or if the parties do not agree on a mediator, a mediator nominated by the then current President of the Queensland Law Society (or the President’s nominee).

Unless we otherwise agree in writing, you will not be entitled to withhold payment of any amounts due to us under this Agreement or offset such amount against any Claim that you may have against us.

 

VARIATION

From time to time we may vary the terms of this Subscription by giving you notice of the variation. Such Variation will apply to you and be incorporated into the terms of this Agreement from the later of the date that the relevant Variation is stated to commence; or we notify you of the relevant Variation.

TERMINATION

You may terminate this Subscription at any time by notifying us and cancelling your Account.

We may terminate the Subscription by notice to you if you fail to pay the Subscription Fees or any amount payable to us by the relevant due date; or breach any provision of this Agreement; or breach any provision of a Policy; or become the subject of an Insolvency Event.

Upon termination of the Subscription for any reason your right to access and use the Platform will end, you must pay to us any outstanding Subscription Fees, which are not the subject of a dispute and we may delete your Account and all data held by us associated with your Account.

Termination of the Subscription does not affect any rights or remedies which we may have otherwise under this Agreement or at law or in equity.

Survival. Your obligations under Clauses 3, 6, 7, 8, 10.3 and 10.4 survive expiry or termination of this Agreement.

 

GENERAL

GST. Unless otherwise specified, all monetary amounts are in Australian Dollars (AU$) and are exclusive of applicable GST.

Governing Law. This Agreement shall be governed by and construed according to the law of the State of Queensland in the Commonwealth of Australia, and all disputes will be heard by the appropriate courts in Queensland.

Entire Agreement. This Agreement sets forth the entire Agreement and understanding between the parties as to the subject matter of this Agreement and merges all prior discussions and Agreements between you and us. Neither party will be bound by any conditions, definitions, warranties or representations in respect of the subject matter of this Agreement other than those contained in this Agreement.

Severability. If any provision of this Agreement is to any extent held by any Court of competent jurisdiction to be invalid or unenforceable, the remaining terms and provisions of this Agreement will not be affected and will remain in full force and effect.

Relationship. Nothing in this Agreement creates a relationship of principal and agent, partnership, joint venture or employment between you and us or any of our employees, consultants, agents or sub-contractors.

Assignment. You may not assign, transfer or otherwise deal with the benefit of this Agreement in any way without our prior written consent. We may assign or novate our rights and obligations under this Agreement at any time by giving notice to you.

Waiver. Any waiver of, or failure or omission to enforce, any of our rights under this Agreement will not constitute a waiver of our rights under this Agreement.

Further assurances. Each party shall do all such acts, matters and things and execute such further Agreements and other documents as may be necessary or desirable for the purpose of giving effect to this Agreement.

 

INTERPRETATION

The following expressions will have the meanings set out below:

Agreement1this Subscription Agreement and each Policy
Policy2the policies such as privacy policy, cookie policy, acceptable use policy and the like adopted by us from time to time and notified to you in accordance with clause 4.1;
Account3your user account within the Platform;
Content4includes and data generated or input by any party into your Account;
Subscription Fees5those amounts:

Notices6includes a notice, demand, consent, approval or communication under this Agreement and must be in writing, in English and signed by a person duly authorised by the sender or hand delivered, sent by pre-paid express post or email to the recipient’s address. A Notice takes effect when taken to be received (or at a later time specified in it), and is taken to be received if hand delivered, on delivery; or if sent by pre-paid express post, four business days after the date of posting (or seven business days after the date of posting to or from a place outside Australia); or if sent by email, when received by the recipient’s electronic information system, pursuant to section 24(1) of the Electronic Transactions (Queensland) Act 2001. If the delivery or receipt is not on a business day or is after 5:00pm on a business day, the notice is taken to be received at 9:00am on the next business day.
Payment Method7that method of payment proposed by you and being adjustable on your Account
Payment Period8that period being either monthly or yearly of the Subscription Fees and being adjustable on your Account;
Force Majeure Event9a circumstance beyond our reasonable control which results in our being unable to observe or perform on time, an obligation under this Agreement, including but not limited to:-

  • acts of God, civil or military authority, changes in law, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, natural disasters or the elements; or
  • strikes, labour disputes, sabotage, malicious damage, shortage of suitable parts, components or materials including ink, chemicals and paper, labour or transportation;
GST10the goods and services tax imposed pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and associated regulations and legislation;
Insolvency Event11any one or more of the following events in relation to a party (“affected party”), namely:-

  • an order or court application is made, or the affected party passes a resolution, for:-
    • winding up; or
    • the appointment of a controller, provisional liquidator, trustee for creditors or in bankruptcy;
  • an administrator, liquidator, receiver, receiver-manager or controller is appointed to the affected party or any of its property;
  • the holder of a security interest takes possession of any of the Licensee’s property;
  • the affected party (being a corporation) is taken under s459F(1) of the Corporations Act 2001 (Cth) to have failed to comply with a statutory demand;
  • the affected party is taken under s40 of the Bankruptcy Act 1966 (Cth) to have failed to comply with a bankruptcy notice;
  • the affected party becomes or is taken to become insolvent or unable to pay its debts, suspends payment of its debts, ceases or threatens to cease to carry on a material part of its business;
  • the process or any court or authority is invoked against the affected party or its property to enforce a judgement or order for the payment of money or the recovery of property, unless the Licensee can demonstrate to the other party’s satisfaction that there is no substantial basis for such order or judgement;
  • the affected party dies, loses full legal capacity or otherwise becomes unable to manage its own affairs for any reason;
  • the affected party takes any step that could result in the affected party becoming an insolvent under administration (as that term is defined in the Corporations Act);
  • the affected party takes any step toward entering into a compromise or arrangement with, or assignment for the benefit of its members or creditors;
  • any analogous event;

12unless such event or events take place as part of a solvent reconstruction, amalgamation, merger or consolidation that has been notified to and approved by the other party;

IP Rights13means intellectual property rights including patents, patent applications, trademarks, copyright, designs (whether registered or not), circuit layout rights, know-how and trade secrets subsisting in the Platform, any improvements or the confidential information and anywhere in the world;
Platform14the Platform system known as “Can Do Kids Band” provided to you on the Website by us in accordance with this Agreement;
Term15the period from the date that you first accept this Agreement or use the Platform until termination pursuant to clause 10;
Trade Marks16those trademarks, names and logos associated with the Platform and our operations, including by not limited to Can Do Kids Band and the Can Do Kids Band logo;
Website17our website located at https://candokidsworldwide.com/ or such other domain names as may be applicable from time to time;

Date of Last Revision: 31 August, 2022.

 

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