Unless the context otherwise requires:

• “Attendee” means any person who attends an Event at the invitation of the Customer
• “Booking” means a booking by a Customer in response to a Listing by a Service Provider which is subsequently accepted by a Service Provider
• “Business Day” means any day that is not a Saturday, Sunday or public holiday in Sydney, New South Wales
• “Connection Fee” means the connection fee agreed between us and the Customer which is payable upon the making of a Booking, being an amount that is 6.9% (including GST) of the Fee as at the date of these Terms and may be varied by us at our discretion from time to time in writing, on our Site or via email. For the avoidance of doubt, the Connection Fee is payable in addition to the Fee
• “Customer” means any registered User who makes a Booking and/or acquires Goods or Services from a Service Provider
• “Event” means the event the subject of the Booking
• “Fee” means the relevant fee specified by the Service Provider in the Listing, including any part thereof paid as a deposit.
• “Goods” means any goods offered by a Service Provider to a Customer in connection with a Listing or Booking
• “GST” means the goods and services tax payable pursuant to the GST Act
• “GST Act“ means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the regulations thereunder
• “HappyKidsHQ.com” means the online marketplace run by us via the Site
• “Individuals” means Customers and/or Attendees
• “Listing”/"Experience" means an advertisement (including pre-designed experiences) or offer (including an offer by a Service Provider to provide Services to a Customer in response to a quote request by a Customer – for clarity, the offer can be different to the details in the quote request). Listings, Experiences and Ready-to-go Packages & Activities are used synonymously.
• “our”, “we” and “us” refers to Happy Kids HQ Pty Ltd ACN 682554909 proprietary of “HappyKidsHQ.com,“ its successors and assigns
• “Privacy Act” means the Privacy Act 1988 (Cth)
• “Service Provider” means any registered User who advertises Listings on the Site
• “Services” means services in connection with children’s education and entertainment which may be advertised by a Service Provider via a Listing on the Site or where the Service Provider provides the Customer with an offer in response to a quote request by a Customer
• “Service Fee” or “Service Charges” means the service charges agreed between us and the Service Provider, being an amount that is 12% (including GST) of the Fee as at the date of these Terms and may be varied by us at our discretion from time to time in writing, on our Site or via email.
• “Site” means our website www.happykidshq.com , as amended from time to time, and includes any other URL or mobile software application we may use to host HappyKidsHQ.com
• “User” means any registered Service Provider or Customer that uses HappyKidsHQ.com and includes any unregistered user or person who browses the Site, and “you” and “your” refer to same
• “Working with Children Checks” or “WWCC” means the applicable working with children checks in the relevant state or territory in Australia where the Event is to take place
• words importing the singular include the plural and vice-versa
• the word ‘includes’ or ‘including’ is not a word of limitation
• no rule of construction applies to our disadvantage because we prepared these Terms
• headings are for convenience only and do not affect the interpretation of these Terms
• the term ‘person’ includes a company, association, partnership, joint venture, trust or owner’s corporation
• all references to “$” or “Dollars” or “AUD” refer to Australian Dollars
• a reference to any statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing them, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued after that statute
• where the day on which any thing is to be done is not a Business Day, that thing must be done on the next Business Day

You may access our Site as a guest or as a registered User. However, we recommend you set up an account as many of the core features of HappyKidsHQ.com (such as making Bookings or Listings) are only available to registered Users.

To become a registered User on HappyKidsHQ.com, you must provide your:

• name;
• address;
• for Service Providers, their ACN/ABN, WWCC number with their date of birth and Bank Account Details;
• mobile number;
• valid email address (only one registration per email address);
• nominated password (which must conform with our requirements concerning password security); and

and any other information we may reasonably request from time to time.

In registering as a User, you warrant that the information you provide us is accurate and complete and that you will continue to keep your registered User details current, complete and accurate at all times by updating your account details (where necessary) on the Site. To the fullest extent permitted by law, you agree to indemnify us against any reasonably incurred loss or damages arising from the information you supply being inaccurate or incomplete.

You agree to provide us with all information reasonably requested by us to enable us to verify that any person operating a User account has the requisite authority or permission of the relevant company, partnership or entity.

You must not use another User’s account without the relevant User’s permission.

You must keep your password secure as you are solely responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.

We reserve the right to suspend or terminate your account without notice for any reason whatsoever including, without limitation, if:

• you breach these Terms;
• we receive a complaint in relation to your conduct; and/or
• we determine in our absolute discretion that you have behaved inappropriately or offensively.

You must be at least eighteen (18) years old to register as a User or to advertise or acquire Goods or Services through the Site. Persons under eighteen (18) years old must have their parent or legal guardian act on their behalf and we and/or the Service Provider reserve the right to reasonably request evidence of same.

If you make a Listing or Booking on the Site, then you warrant to us that you:

• are at least eighteen (18) years old;
• are authorised to make the relevant Listing or Booking on behalf of the relevant company, partnership or entity (if applicable);
• have received consents from the relevant Individuals (or their parents or legal guardians) to disclose information about them to us;
• have a current WWCC number relevant to the state you are working in, and relevant insurances as required by law and otherwise as reasonably requested by us;
• will not solicit, canvass, approach or accept any approach from (or attempt to do these things) Customers that have been referred to you by HappyKidsHQ.com;
• accept these Terms; and
• agree that you have entered into a contract with us based on these Terms, as amended from time to time.

Customers may use HappyKidsHQ.com to:

• browse and search Listings
• request a quote from a Service Provider based on the Customer’s nominated budget
• make a Booking and pay the relevant Fee and Connection Fee
• communicate with other Users
• use any other features made available by us from time to time

A Customer must provide any information reasonably requested by us or a Service Provider in order to confirm a Booking. The Service Provider reserves the right to delay and/or withhold accepting a Booking until such information is provided.

If a Customer has any enquiries or wishes to make any changes to an existing Booking, they can communicate with the Service Provider directly through the instant messaging feature on their HappyKidsHQ Account and us via the [contact-us](/contact-us) feature on the Site. Any reschedules and cancellations must also be done through their HappyKidsHQ Account.

The Customer shall be responsible for the behaviour and conduct of each Attendee at an Event.

Service Providers may use HappyKidsHQ to:

• create and manage Listings
• provide offers in response to quote requests by Customers
• manage Bookings
• receive payments for Bookings
• communicate with Customers who have made Bookings
• use any other features made available by us from time to time

Service Providers may create a Listing in respect of the following activities:

• classes or tuition
• before and after school care
• camps
• birthdays
• entertainment
• regular extra-curricular activities
• any other Services in connection with children’s education and entertainment which we permit to be advertised on HappyKidsHQ.com from time to time at our absolute discretion.

The Service Provider may also provide Goods to a Customer at an Event. The Service Provider is solely responsible for ensuring that all Goods and Services are appropriate for children. To the fullest extent permitted by law, you acknowledge and agree that we are not responsible for ensuring that any Goods and Services supplied are appropriate for children and any complaints, enquiries and/or questions regarding same must be directed to the Service Provider.

In respect of each Listing, the Service Provider may include the following information:

• their liability insurances;
• the Fees payable for the Booking
• any other conditions or information that may apply to a Booking

The Service Provider is solely responsible for ensuring that all information contained in a Listing is correct. The Service Provider must promptly notify us in writing if any changes to any Listings are required. We will aim to action any updates within twenty four (24) hours of receiving such notification from the Service Provider.

The relevant details of the Customer and the Booking will be sent to the Service Provider before the Service Provider confirms the Booking. The Service Provider shall be solely responsible for all aspects of the after-sale Booking and related customer service including:

• checking that the details of the Booking confirmation are correct
• communicating and coordinating any changes to the Booking
• providing additional details to the Customer

To the fullest extent permitted by law, we accept no responsibility and make no representation or warranty in respect of any information contained in:

• a Listing;
• an offer in response to a customer’s quote request; and/or
• a Booking confirmation.

Each Service Provider warrants that it has obtained, and will maintain, all necessary qualifications, accreditations, licences, insurances (including public liability insurance and workers compensation insurance) and other credentials necessary or desirable for the provision of the Goods or Services the subject of a Booking. The Service Provider shall ensure that each person who provides Goods or Services on its behalf holds the relevant WWCC (if necessary). To the fullest extent permitted by law, we are not responsible for verifying such information or credentials and are not liable in the event any information and/or credentials supplied are incorrect.

We reserve the right to cancel a Listing or Service Provider's account for any reason, including where we determine in our absolute discretion that:

• the Service Provider is not qualified to provide the Goods or Services;
• the quality of Goods or Services provided by the Service Provider is of unacceptable quality and/or not fit for purpose pursuant to the Australian Consumer Law; and/or
• the Goods or Services being offered are offensive, hazardous or inappropriate for children.

A Booking shall only be confirmed when:

• the Customer makes a Booking on the Site in accordance with the procedures on the Site as amended from time to time (including but not limited to clicking ‘I accept’ on these Terms);
• the Customer pays the relevant Fee and Connection Fee in full by card or any other payment method available on the Site (and confirmation of payment is received by our database); and
• the Service Provider accepts and confirms the Booking.

In the event a Service Provider provides a Customer an offer in response to a Customer's quote request and the Customer accepts the offer and pays the relevant Fee and Connection Fee, this is deemed to be a confirmed Booking for the purpose of these Terms.

The Customer will receive a confirmation email from us as soon as practicable after the Booking is accepted by the Service Provider. If, however, the Booking is not accepted by the Service Provider within 24 hours (in case of Bookings for the next day, this will be within 5 hours) then we will notify the Customer by email and/or SMS, and we will refund the Fee and Connection Fee in full.

We do not add GST on the Service Provider portion of the Listing price (their revenue) as they are not employed by us. Therefore, we will not add any taxes, make deductions or tax payments on their behalf. GST is added to the Connection Fee payable by the Customer. The Connection Fee is in consideration of us having facilitated the transaction between the Customer and the Service Provider and shall not be deemed to be a payment by the Customer to us for any goods or services.

As we are not a tax accountant, we do not know nor have the resources to provide advice about paying taxes. As with all income generation, GST obligations may arise, depending on your specific GST situation. You will need to follow state and federal laws relating to reporting income. The Receipt/Invoice will be automatically generated by the HappyKidsHQ.com systems for the paying Customer and for the Service Provider against our Service Charges. The Receipts/Invoices are available on the HappyKidsHQ.com platform within respective User profiles.

Where payment is made on our Site by card, no merchant fees will apply as an additional charge.

The Service Charges are paid to us by the Service Provider and the Service Provider agrees that we may deduct our Service Charges from the Fee at the time a Booking is accepted by the Service Provider and prior to providing the Service Provider with their portion being the balance of the Fee. This is in consideration of us having facilitated the transaction between the Customer and the Service Provider and shall not be deemed to be a payment by the Customer to us for any goods or services. For the avoidance of doubt, in the event the Customer cancels a Booking and the Service Provider has already been charged the Service Fee and/or the Service Fee has already been deducted by us, we will reinstate the Service Fee to the Service Provider in accordance with the cancellations table.

After a Booking is accepted by the Service Provider, we will transfer 40% of the Fee (less our Service Charges) to the Service Provider as an advance payment within 5-7 Business Days of the Service Provider’s acceptance of the Booking. The balance of the Fee will be transferred to the Service Provider’s nominated account within 1 Business Day after the Event unless we receive notice from the Customer of a dispute, in which case we will hold the balance of the Fee pending resolution of the dispute in accordance with these Terms.

The Service Provider is solely responsible for ensuring they provide current, accurate and complete banking information to us as payments to the Service Provider will be made by BPAY or electronic funds transfer. To the fullest extent permitted by law:

• any payments we make in accordance with the banking information the Service Provider provides to us are deemed to be a payment to the Service Provider even if such banking information is not current, accurate or complete; and
• we are not responsible or liable to the Service Provider for any payments not received by the Service Provider due to the banking information provided by the Service Provider not being current, accurate or complete.

If, though, any payment is returned to us due to the banking information not being current, accurate or complete, then we will remit same to the Service Provider, however, any remittance is subject to the same conditions as specified above. We reserve the right to amend our existing fees and charges and/or introduce further fees and charges from time to time by giving reasonable notice to the User. Any new or changed fees and charges will apply to the next Booking after the User has been given notice. By making a new Booking with us, the User is deemed to accept our amended fees and/or charges. A User may terminate their account at any time or cease making new Bookings on our Site if they do not agree to our Terms as amended from time to time.

In the event that a Customer cancels a Booking through no fault of the Service Provider or us, the Fee and Connection Fee are non-refundable in accordance with the Cancellation, Reschedule and Refund Policy Table.

If the Customer cancels 2 or more Bookings within a 12-month period and does not initiate a rescheduling request within a 12-month period, then to the fullest extent permitted by law, we reserve the right to charge an administration fee of $50 per cancellation, such amount representing a genuine pre-estimate of the costs incurred by us due to the Customer’s cancellation. To the fullest extent permitted by law, we reserve the right to increase this administration fee from time to time, and we will notify you via email where our administration fee has increased.

The Customer may, acting reasonably, request a rescheduling or postponement of the Event, and it is at the sole discretion of the Service Provider to accept or reject such request. If the Service Provider does not agree to the rescheduling or postponement, then either the original Booking date will apply, or the Customer’s rescheduling request shall be deemed to be a cancellation of the Booking by the Customer, such that the Customer will forfeit the Fee, the Service Provider will retain their portion of the Fee (being 40% of the Fee) and the Service Provider will be refunded the Service Charge.

The Service Provider agrees that where a Service Provider cancels a Booking, and the Fee is refundable under this part. The Service Provider must reimburse us for any advance payments of the Fees received by them in respect of the cancelled Booking and pay us a $20 cancellation fee per cancelled Booking within 3 – 5 Business Days, such amount representing a genuine pre-estimate of the costs incurred by us due to the Service Provider’s cancellation. To the fullest extent permitted by law, we reserve the right to increase this cancellation fee from time to time and we will notify you via email where our administration fee has increased.

The Customer shall be entitled to a full refund of the Fee and Connection Fee where there is a cancellation by the Service Provider or by the Customer as a direct result of an error or omission by the Service Provider or us (other than an Act of God, as defined below). This includes cases where the Customer or Service Provider cancels the Booking due to:

• the Customer having made a Booking based on incorrect Listing details provided by the Service Provider;
• the Service Provider editing the offer Fee and/or offer specifications while the Customer is in the process of making a Booking
• the Service Provider failing to notify us within 24 hours to correct or update the Listing and offer details, causing a Customer to make a Booking based on the incorrect Listing details;
• the Event not taking place other than due to an Act of God or the fault of the Customer/Attendees;
• the Service Provider having to reschedule or postpone a Booking and the Customer thereby cancelling the Booking (but not including postponement by the Service Provider due to an Act of God); and/or
• the Service Provider failed to notify the Customer of incorrect Booking details.

If a Customer believes they are entitled to a refund under this part, then the Customer must notify us within 24 hours of the cancellation. If we determine that a refund is permitted under this part and pursuant to the Cancellation, Reschedule and Refund Policy Table, we will refund the full amount of the Fee and Connection Fee to the Customer.

To the fullest extent permitted by law, our liability is limited to the value of the Fee and Connection Fee where the refund was directly caused or contributed to by our act or omission (for example, we neglected to update the Listing within 24 hours of notice from the Service Provider, or we incorrectly updated the Listing details).

Notwithstanding anything to the contrary contained in these Terms, the Service Provider may, acting reasonably, postpone (but not cancel) an Event due to any circumstance beyond its reasonable control including but not limited to fire, flood, storm, earthquake, war, terrorism, national emergency, civil commotion, strikes, pandemic, epidemic, government action or inaction or other acts of God (“Act of God”), provided that the Service Provider gives the Customer at least 24 hours’ notice prior to the scheduled Event and the Customer is agreeable to the Service Provider’s rescheduling request. If the Service Provider complies with this part then the Customer shall be entitled to a rescheduling or postponement of the Event but shall not be entitled to a refund of the Fee and Connection Fee.

Nothing in these Terms is intended to exclude, restrict or modify any of our statutory obligations or your statutory rights pursuant to the Australian Consumer Law that cannot be lawfully excluded, restricted or modified.

Each User acknowledges and agrees that:

• information and materials displayed on the Site may contain inaccuracies or errors (whether caused by a User, us, a third party or otherwise) and we reserve the right to reasonably correct any errors to the extent caused by us ;
• we do not provide any representation or warranty that our Site or anything available for download from the Site is free from uninterrupted use, viruses, corruption or other damaging or disabling programs. You must take your own precautions to ensure that your access to the Site does not expose you to viruses, malicious code or other forms of interference which may damage your computer or mobile device;
• unauthorised access or use of the Site is strictly prohibited (including hacking);
• no User may create a link to the Site from another website, app or document without our prior written consent (which may be given or withheld in our absolute discretion);
• we may suspend the operation of part or all of the Site for maintenance or upgrade purposes or for any other reason at any time and will reasonably notify you of same;
• we may change the layout, content or any other aspect of the Site at any time;
• you must not add to or alter or interfere (or attempt to do these things) with the Site in any way including without limitation as to its use, operation, functionality, structure or presentation except for entering information expressly permitted by the functions we make available on the Site and then only in accordance with these Terms;
• we may impose limits or restrictions on your use of HappyKidsHQ.com or terminate your account at any time in our absolute discretion and we will reasonably endeavour to notify you of same; and
• any data that you are permitted to enter on the Site (including any Listings or User comments) must not breach any third party intellectual property rights nor contain any computer viruses, corruption or other damaging or disabling programs and must not be defamatory, threatening, abusive, pornographic, scandalous, a breach of privacy or confidentiality, offensive, derogatory, unlawful or something that may cause harm or embarrassment to any person.

HappyKidsHQ.com may allow Users to enter comments on the Site and/or our social media accounts, including without limitation, Facebook and Instagram. If a User enters a comment then such User acknowledges and agrees that:

• the views expressed are those of the party entering the information and are not to be construed as our views;
• we accept no responsibility or liability for such information;
• you agree not to enter anything that is defamatory, threatening, abusive, pornographic, scandalous, a breach of privacy or confidentiality, offensive, derogatory, unlawful or which may cause harm or embarrassment to any person;
• we reserve the right to review, remove or block any comment or restrict or block your access to make comments at any time without prior notice to you;
• you warrant that any information you provide is not in breach of any third party intellectual property rights; and
• you agree that we may acting reasonably and subject to these Terms and the Privacy Act, use that information in any manner we see fit (including but not limited to marketing material and brochures, publishing testimonials on our Site, and developing your ideas and suggestions for improved products or services).

The Site may contain information or material which is owned by or licensed to us (“Our Intellectual Property”) including without limitation the design, layout, logos, trademarks, look, appearance, functionality and graphics on the Site. In addition, such information and material may be subject to copyright or other intellectual property rights.

All rights of the owner or licensor in respect of Our Intellectual Property are expressly reserved and to the fullest extent permitted by law, any reproduction in part or whole of same is prohibited. However, you are permitted to save a copy of any page of our Site (where that function exists) or print off pages of our Site for your own non-commercial, personal reference. You gain no intellectual property rights whatsoever in anything you save or print and those rights continue to vest with us.

The Service Provider warrants that they have permission to use any intellectual property (such as trademarks, logos, registered business names etc.) which they upload to the Site in connection with any Listings made by the Service Provider. The Service Provider grants us a limited, revocable, worldwide and royalty-free licence to use such intellectual property rights (which the Service Provider agrees we may also obtain from the Service Provider’s website or social media pages) in connection with promoting HappyKidsHQ.com and the Listings made by the Service Provider.

The Site may contain links to websites owned, operated or controlled by Service Providers or other third parties (“linked sites”). The linked sites are not under our control, and we are not responsible for their content or availability or any further links contained within those linked sites.

To the fullest extent permitted by law, we disclaim all liability, and you agree to hold us harmless from same, for any information, materials, products or services posted or advertised at or through any of the linked sites. Without limiting the foregoing:

• by creating a link to a linked site, we do this as a matter of convenience only and do not endorse or recommend any products or services posted or advertised or any information or material contained in that linked site;
• we are not liable to you for any failure of products or services posted or advertised in those linked sites or for any deficiency or incorrectness in any information or material contained in those linked sites; and
• we do not warrant that linked sites will have the same or similar terms of use or privacy policy as we have or that the linked sites are as secure as our Site or free from computer viruses, corruption or other damaging or disabling programs and we are not liable to you in respect of such matters.

You acknowledge and agree that the access and/or use of linked sites is solely at your own risk.

To the fullest extent permitted by law, under no circumstances (including without limitation as a result of negligence) will we be liable for any damages, losses or expenses, including without limitation direct, indirect, special, incidental, losses or expenses or any damages, losses or expenses due to loss of data, income, profits, business or goodwill arising in connection with:

• your access or use of our Site or your inability to access or use same;
• any linked sites or access or use thereof or your inability to access or use same;
• any failure of performance, error, omission, interruption, defect, delay in operation or transmission of our Site;
• any computer virus or corruption or other damaging or disabling programs being present on or affecting our Site or anything available to download from our Site;
• any fraudulent activity or unauthorised use of our Site by any person;
• any line or system failure;
• any information or materials found on our Site being inaccurate, untimely, unreliable, incomplete or unsuitable;
• any comments entered on our Site;
• you entering non-current, incomplete, improper or inaccurate information on our Site; and
• us enforcing or attempting to enforce or delaying in enforcing any of our rights,

even if we or our representatives are advised of the possibility of such damages, losses or expenses.

To the fullest extent permitted by law:

• all express and implied warranties, terms and conditions in relation to our obligations, including those implied by use, trade, custom or otherwise, are hereby excluded;
• subject to all of the foregoing, our maximum liability to you whether under contract, in tort (including due to negligence) or otherwise is limited, at our election, to re-supplying the Services, paying the costs of same, or refunding the Fee and Connection Fee paid by you and we will not be liable for any other amounts whatsoever including in respect of losses incurred by you and/or the Service Provider for a cancelled or postponed Event;
• you must use your best endeavours to mitigate any loss or damage you suffer or incur;
• any limitation of liability, disclaimers or indemnities given by you in our favour or which operate in our favour also extend in favour of our directors, officers and employees; and
• where your account or access to the Site is terminated, all disclaimers and limitations of liability set out in these Terms will survive termination.

For clarity, where our liability under any provision of these Terms is expressed to be “to the fullest extent permitted by law”, then to the extent that such liability cannot be fully excluded, our maximum liability under such provisions is limited as set out in this part. Nothing in these Terms is intended to exclude, restrict or modify any of our statutory obligations or your statutory rights pursuant to Australian Consumer Law that cannot be lawfully excluded, restricted or modified.

To the fullest extent permitted by law, you agree to indemnify us and keep us indemnified from and against all claims, demands, suits, actions, litigation, judgments, proceedings and reasonably incurred losses, costs, damages, liabilities and expenses (including legal costs and disbursements as well as any debt collection agency fees that are reasonably incurred) of whatever description that may be suffered, paid, incurred, instituted or defended by us, resulting from or arising out of:

• your use of HappyKidsHQ.com;
• any cancellation of an Event or failure of an Event to take place;
• anything that occurs at an Event;
• any loss or damage caused by an Attendee at an Event;
• any injury, illness or death of any person or damage to or loss of real or personal property arising from or relating to your use of the Site;
• any breach of these Terms by you;
• any negligent or wilful act or omission by you; and
• any information that you provide via the Site or any damage that you may cause to the Site (including, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement).

The type of personal information that we collect from Customers and/or Attendees (“Individuals”) will typically include their:

• name
• contact number (landline or mobile number)
• mailing address (residential or business)
• email address
• date of birth
• gender
• allergies or medical issues (if any)
• emergency contact name and number
• employer or organisation that they represent and their position
• hobbies and interests as they relate to the Services offered on HappyKidsHQ.com
• details of the Goods or Services previously acquired through HappyKidsHQ.com or which they have enquired about, together with any additional information necessary to respond to their enquiries or to make a Booking
• any additional information relating to them that they provide to us directly through the Site or indirectly through use of the Site or online presence
• information they provide to us through customer surveys

We will collect, use and store such information in accordance with the Privacy Act and our privacy policy (if any) as may be amended from time to time.

Each Customer warrants to us that they have obtained the consent of the relevant Individual before providing information about that Individual to us. Where an Individual is under the age of 18 years, the Customer is responsible for ensuring that the parent or legal guardian of the relevant Individual has consented to the disclosure of the Individual’s personal information to us. We shall not be responsible for ensuring such consents have been obtained by the Customer.

Each User and Individual agrees that we may share the information provided by Individuals with Service Providers for the purposes of:

• the Service Provider providing Services to the Customer at a Booking or Event;
• the Service Provider updating their administrative records or for compliance purposes; and
• any other purpose as agreed between the Individual and Service Provider.

Each Service Provider may have its own privacy policy governing the collection, use and disclosure of the personal information of Individuals. The Service Provider is responsible for complying with its own privacy policy (if any) and the Privacy Act in relation to its use of such data. Each User and Individual agrees that we shall not be responsible for the Service Provider’s use or disclosure of Individuals’ personal information.

The Customer is responsible for ensuring that all information about an Individual that they provide to us is accurate and up to date. The Customer must notify us as soon as possible to update any information which is inaccurate, out-of-date, incomplete or misleading.

We store information in paper-based files and/or other electronic record keeping methods in secure databases (including trusted third party storage providers). We take reasonable steps to protect individuals’ personal information from misuse, interference, and loss, as well as from unauthorised access, modification, or disclosure. We maintain computer and network security; for example, we use firewalls (security measures for the internet) and other security systems such as user identifiers and passwords to control access to our computer systems.

Unfortunately, the transmission of data over the internet is not absolutely secure. We cannot guarantee the security of data transmitted by you as a User, and our Site does not necessarily use encryption or other technologies to ensure the secure transmission of information via the Internet. Any transmission of data is undertaken at your own risk. We encourage all users to exercise care when transmitting their personal information over the internet and to install the latest anti-virus software.

Cookies are small pieces of text information which are stored by your internet browser on your computer's hard drive. These cookies are completely anonymised and contain no personal information. Most of the cookies used by our Site are deleted from your hard drive at the end of the browser session (so-called session cookies). However, some cookies remain on your computer, which makes it possible for us to recognise your computer the next time you visit (so-called permanent cookies).

Cookies simplify your use of our Site and are used to make our Site pleasant and easier to use. Most browsers automatically accept cookies. However, you can configure your browser to not accept or store cookies. Details of how to do this can be found in your browser's operating instructions or help files. If you opt out of the use of cookies, your ability to use every function on this Site to its fullest extent could be limited.

We may use social media plugins (e.g. Facebook, YouTube etc.) on this website. These platforms have their own privacy policies, over which we have no control.

If you are logged in at a social media provider's site while simultaneously visiting our Site, the provider may be able to track your visit using your network account. If you use the plugin functions (e.g. clicking on the "Like" button, posting a comment, etc.), this information is similarly transmitted from your browser directly to the particular social network and possibly stored there. The purpose and the extent of the collection, further processing and use of the data by the networks can be found in the privacy policies of Facebook and YouTube et al.

If the User does not want any of these plugins to be loaded, logging out of the particular social media service is recommended. In addition, various browsers can be set or upgraded with add-ons (e.g. Facebook blocker) so that the social media plugins are not loaded.

If you link and/or register your account with us using Facebook, YouTube or a similar third-party service provider, then you consent to us using data from such third-party service provider to populate your User profile with HappyKidsHQ.com.

Any User may make a complaint by notifying us via email at contact@happykidshq.com.

Where a User notifies us of a dispute, they must provide full written particulars of the dispute. If we cannot resolve the dispute with you within ten (10) Business Days after receiving notice of the dispute, then each party agrees to nominate one (1) representative to meet in Sydney, NSW to attempt to resolve the dispute. If the parties still cannot resolve the dispute within twenty (20) Business Days of the initial notice of the dispute, then either party can bring proceedings in a court of competent jurisdiction. We and each User agree not to bring legal proceedings against each other unless the party bringing the proceedings has first complied with the obligations set out in this paragraph. Whilst a dispute is on foot, the parties agree to continue to perform their respective obligations in accordance with these Terms.

Nothing in these Terms prevents a party from seeking urgent interlocutory, injunctive or declaratory relief from a court of competent jurisdiction.

We reserve the right to amend, vary or replace any of these Terms at any time with notice to you. Your continued use of the Site following such amendment of these Terms will represent an agreement by you to be bound by the Terms as amended. We recommend you review the Terms for amendments each time you use the Site and before making any Bookings/Listings. You agree to receive email notification of the amendments (to your nominated email address per your User Registration) from us or a third party.

Any provision of these Terms which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of that prohibition or unenforceability, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.

The failure to exercise or delay in exercising by any party of any right conferred by these Terms or at law shall not operate as a waiver thereof, and the single or partial exercise of any right by that party shall not preclude any other or further exercise of that or any other right by that party.

You cannot assign your rights or obligations under these Terms without our prior written consent (not to be unreasonably withheld).

The User acknowledges and agrees that:

• the relationship between the Service Provider and us is that of independent contractors only;
• each Service Provider and Customer is responsible to each other in respect of each Booking;
• we do not provide any goods or services to Customers, and the Service Provider is not acting on our behalf in providing goods or services to Customers;
• the Service Provider is not an employee, subcontractor, agent, representative, partner or joint venturer of ours; and
• we are the Service Provider’s agent for the purposes of advertising and arranging Listings, offers, quote requests and receiving payment from Customers only.

These Terms are governed by, and you agree to submit to, the laws applicable in New South Wales.

You agree to submit to the jurisdiction of the courts of New South Wales and any Federal Courts of Australia in respect of any legal action or proceedings with respect to these Terms.