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  • Family Zone Privacy Policy

  • 1. General

    This document is designed to help you understand what information we collect about you and your family in relation to your use of the Family Zone and what we do with this information.

    By installing and/or using any of our Product or Services, you accept and agree to this Privacy Policy (as updated from time to time).

    Unless defined herein, as the context requires, all terms have the same meaning as setout in our Customer Terms.

  • 2. The Information we collect and why?

    To provide our Services we must collect and analyze information about you, your End-Users and Devices.

    2.1. Customer, End-User account and Device registration information

    When you sign up with us we will ask for personal information to enable us to establish an account. This will include name, email address, service location, address (if you order Products from us), payment method (such as a credit card), username and security information such as a password, PIN and secret question/answer, date of birth and telephone number.

    When you register End Users within the Family Zone we will ask for personal information to enable us to establish their user account. This will include name, date of birth and security information such as a PIN.

    When devices such as tablet and personal computers connect to the Family Zone we ask for information to be registered for the device such as device type, a device name and for its End-User to be identified.

    • We require this information for Operational Purposes. It enables us to identify you, your users and their devices and for us to support you. Without this information the Family Zone Service cannot be provided.
    • As you connect to Family Zone access points, your device information will be recognised and End-User is identified. Accordingly, your End-User’s name (first name and first initial of last name) and device identifiers will be necessarily made available to the relevant access point owners.
    • We will use your personal information for Family Zone Marketing Purposes and with your permission may use it for Partner Marketing Purposes.
    • We will not market to your End-Users without your permission.

    Your options

    • You may not opt-out of communications for Operational Purposes or for Family Zone Marketing Purposes.
    • We will offer you the ability to opt-out of communications for Partner Marketing Purposes.

    2.2. Parental control services related information

    The Family Zone enables parents to control their family’s use of the internet and mobile devices. To do so we necessarily monitor and track usage and related information. This includes:

    • use of the internet including online search terms, sites visited and blocked and related information such as device, protocol, website, location, time & date.
    • use of mobile apps including what apps are used, for how long, what Apps are installed or attempted to be installed, what are blocked and related information such as device, location, time & date.
    • use of device features including what feature is being used and for how long and related information such as device, location, time & date.
    • location information for the purpose of tracking devices and users.
    • use of calling and messaging features of devices including a and b-party details and related information such as device, location, time & date.
    • some data stored on devices related to Family Zone services such as contacts, messages and call logs.

    Our use of this information

    • Certain features of the Family Zone Services require this information. These Services are unavailable without the information being collected.
    • We may provide analysis of this information in the aggregate or otherwise in anonymous form to Partners, prospective partners, advertisers and other third parties. We may also disclose and otherwise use, on an anonymous basis, internet and app usage information, ratings, consumption habits, commentary and other information.
    • We will not sell or disclose this information to 3rd parties however we may with your permission use such information along with personal identifiers for Partner Marketing Purposes.

    Your options

    • You may avoid this information being captured by not activating related Services or features. For example internet usage tracking can be turned off for specific users.
    • We will offer you the ability to opt-out of communications for Partner Marketing Purposes.

    2.3. Use of our websites, services and customer support

    In using our Websites and Services we will track information on your use of our Services. For the purpose of providing you with a quality Service we maintain an activity log for your, your End-Users and your devices use of our Services. Information collected includes:

    • use of our websites, customer portals and mobile apps.
    • use of our Products including updates.
    • logging the operational activity of our Products such as the running of updates, connection of users etc.
    • subscriptions, purchasing, invoice and payment history.
    • orders of products including delivery address and contact information.
    • correspondence with us.

    Our use of this information

    • This information is used for Operational Purposes including helping us tailor our Services to better meet your needs.
    • We may provide analysis of this information in the aggregate or otherwise in anonymous form to Partners, prospective partners, advertisers and other third parties. We may also disclose and otherwise use, on an anonymous basis, internet and app usage information, ratings, consumption habits, commentary and other information.

    Your options

    • You cannot opt out of information required for Operational Purposes.

    2.4. Feedback, suggestions, survey responses and forums

    While using our Services, you will have opportunities to post comments or other information in public forums. This information is by its nature public and unsecured. We are not responsible for any third party's use of information you publicly disclose through our Service.

    Further terms such as copyrights relating to any information you post or otherwise provide to us are described in our Customer Terms

    Our use of this information

    • We will generally share this information with other customers and/or make it public.
    • We may provide analysis of this information in the aggregate or otherwise in anonymous form to Partners, prospective partners, advertisers and other third parties. We may also disclose and otherwise use, on an anonymous basis, internet and app usage information, ratings, consumption habits, commentary and other information.

    Your options

    • If you do not want your views, suggestions or feedback made public you should not post on our public tools. You may contact us through our help desk.

    2.5. Information collected from 3rd parties

    We may collect information about you from third parties including from:

    • credit reporting agencies.
    • law enforcement other government entities.
    • our Service Providers and Partners.
    • searches of publicly available information including social networks.

    Our use of this information

    • We will only collect this information where legal to do so. We will use this information to assist us in identifying you in providing our Services to you. These are Operational Purposes.

    Your options

    • You are not able to opt-out of information collected for Operational Purposes.

    2.6. Sensitive Information

    Certain legal jurisdictions define Sensitive Information and prescribe rules around its capture, storage and use. For the purpose of this Privacy Policy we define Sensitive Information to mean information or an opinion about an individual’s:

    • political opinions.
    • membership of a political association.
    • religious beliefs or affiliations.
    • philosophical beliefs.
    • membership of a professional or trade association.
    • membership of a trade union.
    • sexual preferences or practices.
    • criminal record.

    Our use of this information

    • Unless permitted within your jurisdiction and either necessary for the provision of our Services or permitted by you we will not record or use Sensitive Information.

    Your options

    • If permitted to be collected within your jurisdiction we will offer you the ability to opt-out of our collection of Sensitive Information.
  • 3. Other privacy and data use matters

    3.1. Personally Identifiable Information

    Personally Identifiable Information (PII) is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Section 2 describes the information including PII we collect and why.

    We will share your and your End-User PII among any of our related companies and organisations and to any Service Provider for Operational Purposes.

    We will share your End-User’s masked names (first name and first initial of last name) and device identification information where they connect to other registered Family Zone access points.

    We will only provide your or your End Users PII to 3rd parties for marketing where we have your permission. In these circumstances you acknowledge that we do not control their privacy practices.

    Where we provide your information to 3rd parties we do not authorize them to use or disclose it except in connection with providing the services we request of them.

    We reserve the right to disclose PII if we reasonably believe that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce applicable Customer Terms, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues, or (d) protect against harm to the rights, property or safety of us, our users or the public as required or permitted by law. In connection with any restructuring, merger or sale, or other transferring of assets we reserve the right to transfer all customer and End-User & Device information, including PII, to the recieving party. We will do so provided that the receiving party agrees to respect your personal information in a manner that is consistent with our Privacy Policy until such time as they properly change these terms or obtain your approval to change them.

    3.2. 3rd Party Websites, Platforms and Applications

    Our Services may be provided through platforms or contain links to sites operated by 3rd parties whose policies regarding the handling of information may differ from ours.

    While we endeavor to associate with reputable companies, we cannot be responsible for the information handling practices of these other websites and platforms. These websites and platforms have separate and independent privacy statements, notices and customer terms, which we recommend you read carefully.

    In using our Products and Services you may encounter 3rd party applications (e.g. widgets and utilities). These technologies may import data related to your Family Zone account and activity and otherwise gather data from you. These applications are provided solely as a convenience to you. We are not responsible for them and your use or acceptance of them is your own option and at your own risk.

    While using Family Zone Services, you or your End-Users will access websites and apps owned or operated by 3rd parties. We are not responsible for the privacy policies and practices of these 3rd parties.

    3.3. Transborder Information Flows

    The Internet is a global environment and our Services are deployed globally. Therefore, by using our Services, you acknowledge and agree to the transfer of your information outside your country of residence to any country (including the United States) where we have facilities or engage third parties (including but not limited to payment processors, cloud service or other IT providers and other companies that provide services to us). You understand that the countries to which we may transfer information may not have as comprehensive a level of data protection as in your country.

    3.4. Communicating with you

    By using any of our Services, including our website and user interfaces, or providing information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Products and Services.

    3.5. Our security procedures

    We take information security seriously and use reasonable administrative, technical, physical and managerial measures to protect your personal information from unauthorized access. For example:

    • We utilize Secure Sockets Layering to encrypt communication between us.
    • We do not store your payment information, instead we use a 3rd party payment provider whom stores your payment data encrypted through PCI-DSS.
    • We require you to provide a unique username and set a password and other security measures from time to time such as PINs and secret questions/answers. We hold passwords encrypted and cannot re-issue these (instead you must enter a new one).

    3.6. Your security procedures

    We urge you to be diligent with securing your username, password and other Family Zone security settings. Should other parties obtain access to these or guess them (because they are too simple) then your account and parental control settings may be compromised.

    For convenience we make certain technologies available to you to make it easier to log in to your account. For example cookies, remember-me and single-sign-on type technologies. If you use these then we urge you to implement device PINs and to log off your device when you’re not using it.

    If you intend to sell or return a device which you have used with the Family Zone you should log-out and clear the cache, all browsing info and cookies before doing so.

    You are responsible for maintaining the confidentiality of your account access information and for restricting access to your computer or device through which you access your Family Zone account.

    3.7. California Online Protection Act

    In accordance with the California Online Protection Act:

    • We have published this Privacy Policy, undertake to keep it updated and will notify you of any changes.
    • We permit you to access our website anonymously however we cannot promise that it will operate properly.
    • You can find out what information we hold on you and can request it to be changed by contacting us.

    3.8. Do Not Track Policy

    Do Not Track (or DNT) is a preference you can set in your browser to let the websites you visit know that you do not want them collecting certain information about you.

    For more details about Do Not Track, including how to enable or disable this preference, visit this Do Not Track webpage.

    Our websites and web apps do not respond to Do Not Track settings. However we only use Tracking Technology to provide, communicate, enhance and optimise our Services for you and your End-Users.

    Given their function our parental control services do not respond to Do Not Track settings. Furthermore your End-Users may access internet sites that use Tracking Technology. Family Zone cannot control the DNT policies of these third parties.

    3.9. Protection of Children

    We do not specifically market to children (under 18).

    3.10 Data Breach

    Should a data breach occur we undertake to notify you within 7 days.

    3.11. SPAM

    SPAM is a common term for unwanted commercial electronic messages including emails, short messages and so on. In various countries around the world there are laws designed to inhibit the use of SPAM by commercial organisations.

    We do not engage in SPAM.

    Our policies for communication with you include:

    • We will not to use false, or misleading subjects or email addresses.
    • We will identify marketing messages as such in a reasonable way.
    • We will include our registered address.
    • We will monitor Partner Marketing for compliance.
    • We will honor opt-out/unsubscribe requests in reasonable timeframes.
    • We will provide opt-out unsubscribe options in relation to Partner Marketing.

    3.12 Tracking Technologies

    We use Tracking Technologies. These may include:

    • Cookies: These are small pieces of data that are stored on your computer, mobile phone or other device.
    • Pixels: These are small blocks of code on web pages that do things like allow another server to measure viewing of a webpage and often are used in connection with cookies.
    • Local Storage: This is like pixels and cookies but holds more data.

    We may choose to use other Tracking Technologies which perform similar functions such as Web Beacons, Clear Gifs and Plugins (e.g., HTML5, IndexedDB, WebSQL and Silverlight storage). Like cookies, some of these technologies may store small amounts of data on your device.

    We use these technologies to do things like:

    • make our Websites and Services easier or faster to use;
    • enable features and store information about you (including on your device or in your browser cache)
    • deliver, understand and improve Family Zone and Partner Marketing;
    • monitor and understand the use of our Products and Services; and
    • protect you, others and us.

    We may ask advertisers or other partners to serve ads or services to computers, mobile phones or other devices, which may use a cookie, pixel or other similar technology placed by us or the 3rd party (although we would not share PII without your permission).

    You should refer to your browser or device's help material to learn what controls you can often use to remove or block cookies or other similar technologies or block or remove other data stored on your computer or device (such as by using the various settings in your browser). If you do this, it may affect your ability to use our Services.

    3.13. Social Accounts Access

    We may permit you to connect your Family Zone account to your accounts in social media such as Facebook, Twitter or Google +. For the purpose of clarity this policy does not relate to the OAuth & single-sign-on capabilities of some of these social network providers.

    If you connect your Family Zone account to a social network account, you may be able to take advantage of a variety of social features, including sending recommendations to friends and sharing with them automatically.

    Please be aware that by choosing to connect your Family Zone account to a social network account or to use our social features, you consent to the collection, use and sharing of information about you (which may in some cases include sharing what Family Zone Services you use) with us and others.

    We may provide and modify from time to time controls over what you share of your Family Zone Services activity.

    You can disconnect your social network through your relevant social network.

  • 4. Right to Access, Update or Correct Your Information

    The applicable laws of your country may give you the right to contact us to update, correct and request removal of inaccurate personal information we have about you or your End-Users.

    You can review the account registration information you have provided to us and make any desired changes to the information, or to the settings for your Family Zone account, at any time by logging in to “Your Account” on the Family Zone website and editing the information on your profile page or your End-User’s profile page(s).

    If you close your Family Zone account, we will not automatically remove your name or other personally identifiable information from our database.

    If you have a question regarding our privacy practices or want to exercise your rights regarding your personal information, please contact us through our website.

  • 5. Changes to This Policy

    We may, from time to time, make changes to this Privacy Policy. Such revisions shall be effective immediately, provided however for existing members, such revisions shall unless otherwise stated, be effective 30 days after posting.

    We will endeavor to post prior versions (or marked changes) of the Privacy Policy, if any, for the preceding 12-month period. You can see these prior versions of the Privacy Policy by visiting our website.

  • Customer Terms Agreement

  • 1. Introduction

    1.1 Meaning of Words

    Content means any information accessed via the Internet including such things as topics, data, ideas, facts, statements and advertising, published in any form including text, images, audio, animation and/or video.

    Customer Support means efforts provided to assist customers in making use of our Family Zone Products and Services. These may be provided over the telephone, through online chats or through Family Zone Content.

    Cyber Expert means efforts provided to assist customers in making use of our Family Zone Products and Services. These may be provided over the telephone, through online chats or through Family Zone Content.

    Cyber Expert Terms means the commercial and other terms agreed between you and your Cyber Expert governing your use of their services provided in relation to the Family Zone.

    Deal Terms means trading terms agreed with you such as pricing, discounts, promotions, credit, commitment period, payment terms and modifications to Customer Terms. These are agreed at the time of purchase, account sign-up or activation as the case may be.

    End-Users means You (our customer) and all persons/devices that have been registered for Family Zone Services under your Plan.

    Family Zone Content is Content available through the Family Zone websites, portals and other channels.

    Family Zone Marketing Purposes: Relates to the collection of information about you, your End-users and Devices. Information is said to be used or collected for marketing purposes where it enables us to provide recommendations to you where we believe products or services will be of interest to you.

    Family Zone Products and Services is an all encompasing term for what the Family Zone provides. It includes Family Zone Products, Family Zone Services, Family Zone Sites, Family Zone Content and Family Zone Software. This term is used interchangably with Your Products and Services and Our Products and Services .

    Family Zone Controls means the Family Zone Services which enable parental controls and monitoring to be implemented by Customers for End-Users. These include Services which control and monitor user access to Internet Content, mobile device apps and features, telephone calls and messaging, which may be added to or amended from time to time.

    Family Zone Products means our physical products sold for use with the Family Zone Services. These include things like modem/routers and network access points.

    Family Zone Services means any services provided by us. These services may be provided with or without charge. These include our Family Zone Controls, Family Zone Zites Family Zone Software, Family Zone Content and Customer Support.

    Family Zone Sites means websites provided by us.

    Family Zone Software means any software provided by us in relation to the Family Zone Services and includes mobile device applications, security profiles and embedded software in modem/routers and network access points.

    Family Zone School means School that is recommending or requiring that the relevant parents or guardians use Family Zone Products and/or Services.

    School means, for the purpose of this agreement a provider of education, instruction, care or minding services to minors. For the purpose of clarity a School may include organisations known as schools, pre-schools, child-care, day-care and after-care centres, kindergartens, colleges, and community or religious centres.

    School Community Features means features of the Family Zone Products and/or Services which permit Family Zone Schools and Family Zone Customers to share (or transition) policy control and information with respect to common devices and End Users (ie students). Subject to these Customer Terms, the School Community Features and what they permit to be shared may change from time to time. Details may be found in our most current product guides, available on our website.

    Insolvent describes a situation where you die or become bankrupt, subject to a winding-up order or similar insolvency event or if we have a reasonable belief that we are unlikely to receive or retain payments for amounts due and payable by you under contract.

    Limited Warranty means our written statement setting out conditions and time limits within which we warrant the performance and quality of Products.

    Operational Purposes: Relates to the collection of information about you, your End-users and Devices. Information is said to be collected for Operational Purposes where it allows us to:

    • Make the Products and Services you have requested from us available to you.
    • Bill you, deliver Product to you and get in contact with you when reasonably required.
    • Enforce our Customer Terms.
    • Respond to enquiries and requests.
    • Supporting our efforts to monitor the performance of and constantly enhance our Services.

    Partners : Are providers of products or services which we believe will be of interest to our customers.

    Partner Marketing Purposes : Relates to the collection of information about you, your End-users and Devices. From time to time in conjunction with Partners, we may send promotional announcements and/or serve web-based advertisements on their behalf, as permitted by law. Information is said to be used or collected for Partner Marketing Purposes where it enables us to provide recommendations to you relating to Partner products or services.

    PCI-DSS: Stands for Payment Card Industry Data Security Standard. Most payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council. This is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

    Plan means your Family Zone account established pursuant to your Deal Terms.

    Plan Fees means the fees and charges billed to you according to your Deal Terms, as amended or updated by agreement with you from time to time.

    Product(s) means a physical item manufactured or for sale.

    Resellers means independent 3rd parties who offer for sale Family Zone Products and Services.

    Operational Service Providers: Means 3rd party companies, agents or contractors that are engaged by us directly or indirectly to assist us in providing the Family Zone Products and Services to you. For example Services Providers assist us in delivering marketing and communications, providing infrastructure and IT services, delivered Products, processing payments, provide Customer Support, collecting debts, analyze and enhance data and so on. For the purpose of this Privacy Policy, Service Providers includes our Cyber Experts.

    Software means programs and other operating information used by a computer and in our agreements include technology which may be described as firmware, apps, applications and operating systems.

    Tracking Technology: Relates to technology stored on your computer or device to enable tracking your activity or to enable certain features of our Services to work or work more easily. This is described further in section 3.12.

    We/our/us/Family Zone means B Communications Pty Ltd an Australian domiciled corporation and all entities controlled by, controlling or under common control with B Communications Pty Ltd, for as long as such control exists.

    You/your/user/customer means an eligible person who has signed up for and manages the Family Zone account.

    1.2. Products, Services & Software

    Use of the Family Zone Services requires use of telecommunications and technology related equipment such as home routers, computing devices and other telecommunications equipment. Some of this equipment may be Products supplied by us. We describe these as Family Zone Products.

    Some of our Family Zone Products and some of our Family Zone Services require us to provide you with software (we call this Family Zone Software) for installation on device(s) which may be Family Zone Products or may not. For example our Family Zone Box, home router, includes custom software which we will update from time to time. Also our Family Zone device controller service requires you to install our software on to your device (eg cellular mobile phone or tablet computer).

    1.3 Resellers of the Family Zone

    The Family Zone Services are sold direct to customers by Us and through 3rd party organisations which we describe as Resellers.

    Resellers are independent of us, we are not in a joint venture, partnership or agency relationship with them. Where you acquire Family Zone Products and Services through a reseller then your Deal Terms will be agreed between you and them.

    Resellers may re-brand or co-brand the Family Zone Products and Services and may offer customised pricing, features, promotions and may incorporate their own products and services.

    If you buy non Family Zone related products or services from Resellers then terms for those products and services are between you and them.

    1.4 Content

    Family Zone is not a content provider and holds no rights over any content that is accessed via our Products, Services and Software.

    1.5. Cyber Experts

    Cyber Expert’s role is to introduce customers to the Family Zone and to offer customers an package of parental control settings. We call this Cyber Expert Settings.

    Through subscribing to a Cyber Expert you will receive their recommended Cyber Expert Settings plus ongoing updates and if you choose, ongoing advice and communication from them.

    Cyber Experts services in relation to the Family Zone are provided subject to our terms between you and them. If you do not wish to accept these terms, you must not subscribe to a Cyber Expert.

    Cyber Experts are independent of us, we are not in a joint venture, partnership or agency relationship with them.

    We may offer Cyber Experts a revenue share or commission in relation to their efforts to assist us and we may levy and collect your Cyber Experts’s fees and charges.

    Cyber Experts may provide other services outside of the Family Zone Services. Should you utilise such services, these associated arrangements are between you and your Cyber Expert.

    We take no responsibility for and apply the general disclaimer of Section 7 in relation to:

    • Your choice of Cyber Expert; and
    • Any services performed for you by your Cyber Expert.

    1.6. Family Zone Products and Services

    The Family Zone Products and Services provide a parental control solution that:

    • Allows you to define parameters, limits or rule around access to Internet and Content by End-User devices;
    • Monitors, intercepts, records and reports on the use of the internet, device features and cellular mobile services (incuding calling and messaging) and applies rules for permitting or denying access;
    • Allows you to access, view and modify your Family Zone Plan and personal details.

    Any access to and use of your Family Zone Products and Services shall be governed by these Customer Terms which you agreed to when you purchase, create and/or activate Family Zone Products or Services, whichever occurs first.

    1.7. Precedence

    These Customer Terms include and should be read in conjunction with our Privacy Policy and your Deal Terms, with the following order of precedence in the event of any inconsistency:

    • Your Deal Terms;
    • These Customer Terms;
    • Our Privacy Policy.

    1.8. Binding Agreement

    THESE “CUSTOMER TERMS” ARE AN AGREEMENT BETWEEN YOU AND US (BEING THE APPLICABLE FAMILY ZONE ENTITY OPERATING IN YOUR COUNTRY OF RESIDENCE) REGARDING YOUR USE OF, RIGHTS TO AND OBLIGATIONS WITH RESPECT TO FAMILY ZONE PRODUCTS AND SERVICES. THESE CUSTOMER TERMS APPLY TO ANY UPDATES, SUPPLEMENTS OR MODIFICATIONS TO THE FAMILY ZONE PRODUCTS OR SERVICES, UNLESS OTHER TERMS ACCOMPANY THOSE ITEMS. IF SO, THOSE TERMS APPLY. READ THESE CUSTOMER TERMS CAREFULLY BEFORE USING THE FAMILY ZONE PRODUCTS AND SERVICES. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND FAMILY ZONE.

    BY CREATING AN ACCOUNT OR USING ANY OF THE FAMILY ZONE SERVICES YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE BEEN PRESENTED WITH, YOU UNDERSTAND AND ARE BOUND BY THESE CUSTOMER TERMS AND OUR PRIVACY POLICY.

    BY PURCHASING ANY OF OUR PRODUCTS OR SERVICES OR DOWNLOADING OR INSTALLING ANY OF OUR SOFTWARE YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE BEEN PRESENTED WITH, YOU UNDERSTAND AND ARE BOUND BY THESE CUSTOMER TERMS.

    BY SIGNUP TO FAMILY ZONE SERVICES YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE BEEN PRESENTED WITH, YOU UNDERSTAND AND ARE BOUND BY YOUR DEAL TERMS.

    IF YOU DO NOT AGREE TO ANY OF THESE TERMS DO NOT USE OUR PRODUCTS OR SERVICES.

  • 2. Terms of: Accounts, Billing and Payments

    2.1. Age requirements

    You must be 18 years of age, or the age of majority in your province, territory or country of residence, to acquire Family Zone Products and Services from us.

    Minors may use Family Zone Services only with the involvement of a parent or legal guardian, as an End-User under such person's account, and otherwise subject to these Customer Terms.

    2.2. Service Plans

    Access to the Family Zone Services requires you to subscribe to a Family Zone subscription plan. Your Plan may be month-to-month or may have a minimum term such as 12 months.

    All of your Plan Fees will be aligned on the same term and same periods unless agreed otherwise with us.

    If you have a month-to-month Plan:

    • Your Plan will continue on a monthly basis unless you cancel it or it is terminated;
    • You will be billed each month on the anniversary of the activation of your Plan or other date agreed with you (this is your ‘Billing Period’).
    • Where your Plan is cancelled or terminated it will end at the end of your current Billing Period.

    If you have chosen a Plan with a minimum term:

    • Prior to completion of your minimum term you will be notified that your term is ending and advised of the commencement date and price of your new Plan.
    • You must advise us before commencement of a new Plan term if you wish to cancel your Plan renewal.
    • Where your Plan is cancelled or terminated it will end at the end of your minimum term Billing Period.

    By subscribing to a Plan, you permit us to charge you Plan Fees and any applicable promotions, offers or additional charges and applicable taxes in accordance with your Deal Terms and local laws. You further agree to pay all such items invoiced to you on or before the due date.

    2.3. Promotions & Specials

    You may be offered specials or promotions with specific prices, conditions and limitations, at the absolute discretion of Family Zone and/or Resellers. These are part of your Deal Terms and take precedence over these Customer Terms.

    2.4. Free Trials

    You may be offered a free trial period with specific terms at sign-up in your Deal Terms. We reserve the right, in our absolute discretion, to determine your free trial eligibility.

    We will begin billing your Plan Fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. It is your responsibility to cancel your Plan if you do not wish to continue with Family Zone Services.

    2.5. Gifts & Promotions

    We may offer gift-able Family Zone Products or Service discounts. We will charge you immediately for any gifts purchased irrespective of whether the recipient redeems the gift or not.

    Gift codes can only be used once, cannot be redeemed for cash, resold or combined with any other offers, including a free trial.

    If you received a promotion code through a 3rd party then additional restrictions may apply.

    2.6. Bundled Products

    Some Plans will provide you with included Family Zone Products supplied at either no charge or with a subsidy. Title to these bundled Family Zone Products does not pass until completion of the minimum term of the associated Plan. Risk however passes to you on delivery.

    2.7. Bundled Plans

    You may be offered a group of Family Zone Services as a package (“Bundled Plan”) for discounted charges. If you stop acquiring any Family Zone Service in a Bundle Plan you have ‘broken’ the bundle and you permit us to bill you the non-discounted charges for the remaining Family Zone Services.

    2.8. Price Changes

    Prices for the Family Zone Products and Services purchased by you will be presented at the time of purchase as part of your Deal Terms. Prices are subject to change. If prices are changed, reasonable notice will be provided to you and if you are inside a minimum contract term you will be provided with a reasonable time period to cancel impacted Family Zone Services without penalty. Typically this will be at least 14 days.

    You may able to acquire 3rd party services through our billing Services for example your Cyber Expert may make available products to you and bill you through your Family Zone account. In such circumstances we will not maintain an up-to-date schedule of these 3rd party charges and will not be able to ensure you are aware of these prior to each Billing Period. Please review and ensure you are satisfied with all 3rd party charges and possible changes before proceeding with billing via the Family Zone Services.

    2.9. Errors in documents

    Clerical or computation errors and misprints in any document that we or a Reseller provide to you in connection with your Family Zone Products and Services including any Plan terms, catalogues, price lists, delivery dockets, invoices, statements or credit notes, may be corrected by the reissue of the document or otherwise by giving you notice of the error or misprint with reference to the original document.

    You are not entitled to a reduction or variation in the price of a Family Zone Product and Service by reason of any such error or misprint.

    2.10. Billing currencies

    Products or services may be billed to you in currencies other than your local currency, as specified in your Deal Terms. You understand and accept that pricing in your local currency will vary depending on applicable currency exchange rates.

    Foreign currency charges may also incur transaction fees from your financial institution. These transaction fees will be payable directly by you. Please check with your financial institution for details.

    2.11. Plan Extras

    You may be offered additional features to attach to your Family Zone Services. Where these features attract their own particular charges these are described as Plan Extras.

    If applicable, Plan Extras will typically be added to your Plan Fees and billed in line with your Billing Period. Cancellation of Plan Extras will follow the same rules as for your Plan.

    2.12 Commissions

    Commissions may be paid to Cyber Experts, agents, employees, contractors and others in connection with your purchase of Family Zone Products or Services from us.

    2.13. Bills

    You will typically receive an electronic bill for all charges each Billing Period, however, we may agree with you otherwise. Paper billing is not currently available.

    You may be billed late for Family Zone Products and/or Service charges however not by more than 90 days in arrears. Some charges in a Bill may relate to a previous Billing Periods.

    2.14. Billing disputes

    If you dispute a bill, you must pay it on time. We will credit you if it is later determined that you are entitled.

    You may not raise a billing dispute more than 6 months after a bill is issued.

    2.15. Payments and payment methods

    Payment methods available to you will be displayed on electronic bills, our website and other materials distributed with our Family Zone Products and Services.

    Direct Debit: If your payment method is direct debit through a financial institution (eg direct debit via credit card, bank account or other payment service provider such as Paypal) then:

    • Payment will be attempted on your invoice due date.
    • If a payment is not successful then retries will be attempted each day until settled.
    • If you have not paid your invoice within 7 days of your due date you permit termination of your related Services.

    Indirect Payments: If your accepted payment method is indirect eg paid through a 3rd party Reseller then:

    • Payment must be made to the relevant party by you by the due date for your Family Zone Services to continue.
    • If you have not paid your invoice within 7 days of your due date you permit termination of your related Services.

    You may modify your selected payment method subject to the methods available.

    Payments and failed payments may incur transaction fees from your financial institution. Check with your payment method service provider for details.

    2.16. Late Payment & Recovery

    You must pay invoices by the due date. If not paid on time we will attempt to make contact with you through your preferred contact method. If they remain unpaid for 7 days your Family Zone Services will be cancelled without further notice.

    If you owe us money recovery processes may be taken. We will appoint a debt collection agency. You are responsible for any costs we incur in debt recovery.

    2.17. Charges relating to termination by you

    If you have a month-to-month Plan you may cancel the Family Zone Services at any time, however, Plan Fees will be charged until the end of your current Billing Period. Payments are non-refundable and there are no credits for partially used periods.

    Some Plan pricing is determined based on customers completing their minimum term. Customers can typically only choose to terminate a minimum term Plan at the end of their term. Plan suspension is not available.

    Other than in accordance with our Limited Warranty terms, refunds are not available.

    If credits are provided to you this will be by exception only and does not obligate us to do so again.

    2.18. Maintaining your credit/debit card details

    You are responsible to provide and maintain a valid payment method with us.

    If your payment method details change, you must update them in "My Account" section of our website.

    We will attempt but cannot promise to make contact with you if we observe that your payment method is not valid.

  • 3. Terms of: Use of Products & Services

    3.1. Monitoring

    We do not promise to monitor use of your Family Zone Products and Services.

    End-User activity through the Family Zone Services is your responsibility. You should not rely on us to contact you or to suspend your Service in the event of excessive or unusual activity.

    3.2. Responsibility for use

    You should treat all information that allows control of your Plan or Services as secret. If you give anyone else sufficient information about you or your Family Zone account they may be able to access and modify them.

    A person who makes use of your Service with or without your consent or from your premises or using your equipment or log-in credentials is your End-User. The acts and omissions of your End-Users are deemed to be your acts and omissions.

    You must take reasonable steps to ensure that your End-Users do not do (or omit to do) anything that would breach these Customer Terms.

    3.3 Acceptable Use

    In using the Family Zone Products and Services you must:

    • Not share, resell or resupply them for remuneration or reward;
    • Comply with reasonable directions from us or our Operational Service Providers;
    • Comply with applicable Service descriptions;
    • Comply with applicable Laws;
    • Not breach the intellectual property rights or copyrights of any person in relation to Family Zone Products or Services;
    • Not do anything reasonably likely to bring us or any of our partners into disrepute;
    • Not do anything reasonably likely to damage or interfere with any other person, equipment, product software or service;
    • Not send, or allow to be sent, spam; and
    • Not use the Family Zone Software or the Services in any way that could harm them or impair any other user’s use. You may not use the Family Zone Services to gain or attempt to gain, unauthorized access to any service, data, account or network by any means.

    3.4. Customer Support Updates

    You may be issued with directions by us or our Operational Service Providers in the context of Customer Support. You must comply with these requests which will only be given when reasonably necessary for continued and effective operation of Your Products and Services.

    We may issue you an upgraded version of the Family Zone Software automatically upon an instance of your use of Family Zone Products or Services. If you decline or otherwise make us unable to perform the upgrade the relevant services or features may not operate properly.

    If you "uninstall" Family Zone Software, applicable services or featres will no longer operate properly.

    3.5. Reporting Faults

    You may report faults in relation to Your Products or Services by contacting Customer Support.

    Before reporting a fault, you must take all reasonable steps to ensure that the fault is not caused by your equipment or software or use.

    We will use reasonable efforts to repair faults and re-establish Services within a reasonable period.

    3.6. Termination

    We may terminate your access to Family Zone Services immediately if:

    • You are in material breach of these Customer Terms;
    • You have been notified of a breach and you have failed to remedy it within the time requested;
    • You become Insolvent;
    • We are required to by law or a competent authority;
    • We reasonably suspect fraud or attempted fraud involving the Service;
    • For security reasons; or
    • You ask us to.

    We may terminate your access to Family Zone Services on reasonable (typically 30 days) notice if:

    • You have Plan Fees which are overdue;
    • We have been requested to transfer your Plan to another party;
    • We reasonably believe we need to do so for technical, security or operational reasons; or if
    • You use a Service in a way that places unreasonable demands on the Family Zone Services to other persons.

    No failure to exercise any rights in relation to a breach of any provision of our contractual terms constitutes a waiver of our rights to terminate your Services in the future.

    3.7. 3rd party equipment and services

    Using a Family Zone Service may depend on you having services or equipment supplied by other parties. You are solely responsible for the costs, installation, maintenance, legality and use of such 3rd party equipment and services.

    3.8 Changes

    We will update our Family Zone Products and Services from time to time.

    We reserve the right in our sole and absolute discretion to make changes without notice in how we offer and operate our Family Zone Products and Services.

    Where changes in the Family Zone Services will have in our view a materially adverse affect on you we will use reasonable efforts to provide you with adequate notice of the change and will permit you to cancel your Family Zone Services without penalty.

    3.9 Lost, stolen or sold equipment

    If a Family Zone Product or installed Family Zone Software is sold, lost or stolen then you are responsible for deactivating the relevant Family Zone Services. You can do this through our Family Zone portal or through Customer Support.

    3.10. Use official methods only

    You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft.

    Always access your sensitive account information by going directly to our website and not through a hyperlink in an email or any other electronic communication, even if it looks official.

    3.11. 3rd Party Applications

    In using the Family Zone Services you may encounter 3rd party applications (eg widgets and utilities) that interact with the Family Zone Services. These Applications may import data related to your Family Zone account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you. We are not responsible for them and your use or acceptance of them is your own option and at your own risk.

    3.12. Electronic Communications

    You agree that any communication we send to you electronically will satisfy any legal communication or notice requirements, including that such communications be in writing. We recommend you maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

    If you no longer want to receive certain non-transactional communications, you can modify your preferences in Your Account section of our website.

  • 4. Terms of: Sale of Products

    4.1. Change of Mind

    Please choose carefully as refunds are not normally provided where you have simply changed your mind or made a wrong selection.

    4.2. Substituted items

    On occasions, stock of advertised Family Zone Products may become unexpectedly unavailable or may not be technically suitable for you or your location. In that event we may supply a substitute product that is substantially equivalent to those advertised without additional charge.

    If in our opinion we cannot supply a suitable Family Zone Product for your order at the SAME order price we will cancel your order, notify you and give you the option to cancel any associated Services without penalty.

    4.3. Deliveries

    We will attempt to provide approximate delivery terms at the time of order. We cannot control carrier services and cannot promise delivery timese will be adhered to.

    4.4 Installation

    We do not offer installation services, however, our Family Zone Products will include installation instructions. We may refer you to 3rd parties for assistance however we disclaim any responsibility for your choice to use them or their workmanship.

    4.5 Lost, stolen and damaged items

    You are responsible for any lost, stolen and damaged items owned by us, except if it is caused by us or our personnel.

    4.6. “Money Back Guarantee” offers

    If Products purchased from us are subject to a special “money back” offer entitling you to return them for a refund then unless specified otherwise in your Deal Terms:

    • The Products must be returned and arrive to us within 14 days of the defined return period;
    • The Products must arrive to us in working order and with unblemished appearance;
    • The Products must be returned in their standard packaging with all accessories such as chargers, covers, cables and so on; and
    • Should the returned Products not conform to these preceding terms that we reserve the right to refuse to refund you.

    4.7. Limited Warranty

    Our Family Zone Products are sold subject to a Limited Warranty as outlined below.

    Family Zone Products purchased by or delivered to Customers should be inspected by you prior to installation or use to determine whether they are in compliance with the specifications and free from material defects in workmanship. If any Product fails or does not work as advertised within 30 days of purchase or delivery then you may seek a full refund and cancellation of associated Family Zone Services.

    If any Family Zone Product fails to operate as advertised within six (6) months from purchase or delivery, please contact Customer Support immediately. We will troubleshoot the Family Zone Product with you and, if necessary, arrange for the failed item to be repaired or replaced. We reserve the right to replace defective Family Zone Products with refurbished units of the same or better type and the defective Family Zone Products must be returned to us within a reasonable time, typically 14 days from logging your service request.

    FAMILY ZONE SHALL NOT BE LIABLE FOR WARRANTY IF TESTING AND EXAMINATION IDENTIFIES THAT THE DEFECT DOES NOT EXIST OR WAS CAUSED BY YOUR OR OR YOUR END USER'S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO REPAIR, OR BY ACCIDENT, FIRE, LIGHTNING OR OTHER HAZARD OCCURRING AFTER PURCHASE OR DELIVERY.

    We reserve the right to charge you the full value for returned Family Zone Products where there is no fault with the item(s) or where it is reasonably obvious that the damage was caused by you.

    We will assess returned units within a reasonable time, typically 30 days.

    4.8. Pre-Orders

    Typically if we offer pre-orders for products we will require immediate payment and will fulfill your order as soon as possible. You may cancel your pre-order prior to the time the item becomes available for delivery.

  • 5. Terms of: Customer Support

    5.1 Customer Support

    Family Zone Services include an online Customer Support service. The contact details for your country of residence can be found on our website and other materials distributed with our Products and Services.

    Where you contact us via telephone you acknowledge that any calls you make to us will be monitored or recorded for quality and/or training purposes.

    You must give us reasonable cooperation in order that we may provide a Service to you, and fix any problems that arise, and resolve any disputes or complaints that you may have. You acknowledge that whilst we will use our best endeavours we may not be able to resolve all problems encountered.

  • 6. Terms of: End User Software License

    6.1. Software

    In this Item 6, Software means:

    • the Family Zone Software;
    • any embedded 3rd party software in the Family Zone Products; and
    • any patches or upgrades that replace and/or supplement the Software.

    We reserve the right, from time to time, with or without notice to you, to change the terms of this license in our sole and absolute discretion. The most current version of this license will supersede all previous versions. Your use of the Software after changes are made means that you agree to be bound by such changes. As such, you should review the license periodically.

    In this Item 6, any references to “you” includes all of your End-Users.

    6.2. Scope of License

    The Software contains material that is protected by copyright and intellectual property laws. The Software is licensed, not sold. Family Zone and its licensors shall retain all right, title and interest in the Software including without limitation all intellectual property rights embodied therein.

    We grant you a non-exclusive, limited, personal, royalty-free and non-transferable license, subject to and conditioned on your compliance with the restrictions set herein, to as applicable install and use Software provided to you by us in connection with your use of the Family Zone Products and Services. You do not acquire any rights, express or implied, in the Software other than those specified in this Agreement. You may not distribute, sublicense, rent or lease the Software or use the Software except as provided under this Agreement. You agree not to cause or permit the reverse engineering, disassembly, decompilation or other attempt (i) to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in, or (ii) to derive the source code of the underlying ideas, algorithms, structure or organization from the Software except to the extent required by law. You may not export the Software.

    You may not use the Software to upload, transmit, or transfer any data, information, materials, or content to Family Zone or any third party other than transmissions or transfers of information necessary for the intended use of the Software. You also agree not to use the Software for any unlawful or improper purpose. Specifically, You agree that your use of the Software will be in compliance with the local laws which are applicable to You.

    6.3 License Termination

    This license is only effective during the term of your Family Zone Plan, until terminated. We may terminate your rights under this license at any time without notice if we find that you have violated any of our contractual terms with you.

    No failure to exercise any rights in relation to a breach of any provision of our contractual terms constitutes a waiver of our rights to terminate your license.

    All provisions relating to confidentiality, proprietary rights, and non disclosure shall survive termination.

    Upon termination you must cease using and destroy all copies of the Software.

    6.4 Consent to Use of Data and Network

    The Software may provide us with access to devices and to your computer network. We will only use this access for the purposes associated with the delivery of the Family Zone Services.

    6.5 Compatibility

    Your ability to use the Software depends on the compatibility of your system or device. Ensuring compatibility is your responsibility.

    6.6 Where Software is purchased from 3rd parties eg App Stores

    If you have downloaded any software required for the Family Zone Services from 3rd parties such the Apple iTunes Application Store or Android Marketplace, the following additional terms apply:

    • Acknowledgement: Your License is between you and us only.
    • Scope of License: Your License is non-transferable and applies only on a singlular device that you own or control. Your license is subject to specific rules provided by the App Store. These are available from the App Store.
    • Maintenance and Support: The App Store is not responsible for providing any maintenance or support services with respect to Software.
    • Warranty: We and not the App Store are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed by us. Notwithstanding, in the event of any failure of the Software to conform to any applicable warranty, if you make a claim against the App Store it will be limited to the maximum extent permitted by applicable law to the purchase price for the Software within the App Store and the App Store will have no other warranty obligation whatsoever with respect to the Software.
    • Product Claims: We and not the App Store are responsible for addressing any claims relating to the Software or your possession and/or use of the Software including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    • Intellectual Property Rights: You and we acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, we and not the App Store will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
    • Legal Compliance: You warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    • Developer Name and Address: We are B Communications Pty Ltd a company domicled in Australia. Our contact numbers are 1300 398 326 (from within Australia) and +61 2 8599 9786 otherwise. You can contact us through our website www.familyzone.com. All of your questions, complaints or claims with respect to the Software must be directed to us.
    • Third Party Beneficiary: You and we acknowledge and agree that the App Store and all related parties (including subsidiaries) are third party beneficiaries of this License and, upon your acceptance of the terms and conditions of this License, the App Store will have the right (and will be deemed to have accepted the right) to enforce this License against you a third party beneficiary thereof.
  • 7. Disclaimer & Indemnity

    7.1. Cyber Safey Generally

    You acknowledge that cyber threats, exposures and the various technical, operational, legal and other challenges surrounding these matters are complex and dynamic. Parental control technologies are subject to many limitations and can only ever be a part of a parent’s approach to keeping their family cyber safe. Furthermore family and individual circumstances are all very different and Cyber Experts and Family Zone will never be aware of the issues pertaining to you and your family.

    7.2 General Disclaimer

    FAMILY ZONE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

    THE FAMILY ZONE PRODUCTS AND SERVICES INCLUDING ANY FEATURES AND FUNCTIONALITIES ASSOCIATED ARE PROVIDED WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

    WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT FAMILY ZONE PRODUCTS AND SERVICES, INCLUDING SOFTWARE WILL BE FREE FROM ERROR, OUTAGE, FAULT, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR ANY SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.

    YOU ARE PROVIDED WITH NO GUARANTEE, REPRESENTATION OR WARRANTY THAT THE FAMILY ZONE PRODUCTS AND SERVICES WILL BE TAILORED FOR YOUR PERSONAL CIRCUMSTANCES.

    WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT OUR CUSTOMER SUPPORT SERVICES WILL BE FREE FROM ERROR OR FAULT OR WILL NOT RESULT IN A LOSS FOR YOU AND WE DISCLAIM ANY LIABILITY RELATING THERETO.

    ANY INFORMATION YOU SUBMIT TO US IS AT YOUR SOLE RISK, AND WE HEREBY DISCLAIM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

    TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WE, OUR SUBSIDIARIES OR ANY OF OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR PARTNERS, AFFILIATES OR CONTRACTORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

    7.3 Your Statutory Rights

    Nothing in these customer terms shall affect any non-waivable statutory rights that apply to you. If any provision or provisions of these customer terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this section may not apply to you and these terms must be read subject to statutory provisions applicable to you. If these statutory provisions apply, to the extent to which we are entitled to do so, we limit our liability in respect of any claim under those provisions to: in the case of goods, at our option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at our option: the supplying of the services again; or the payment of the cost of having the services supplied again.

    7.4 Waiver & Indemnity

    You agree to defend, indemnify and hold harmless us, our members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to:

    (i) your unauthorized or unlawful use of the Family Zone Products and Services;

    (ii) your breach of these Customer Terms; or

    (iii) the infringement by you, your End-Users or any third party using your Plan, of any intellectual property or other right of any third party.

    We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

  • 8. Intellectual Property

    8.1 Copyright

    All copyright and other intellectual property rights subsisting in Family Zone Products and Services are, without limitation, owned or licensed by us and protected by the laws of Australia and other countries.

    Subject to our Customer Terms, you are authorised to view our Family Zone Content using your web browser or, where expressly invited to do so, to share certain content on social media. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of our Family Zone Content, except as permitted by statute or with our prior written consent.

    8.2 Patents and Trademarks

    Family Zone and Family Zone Cyber Safety are our trademarks. You acknowledge that unauthorised or misleading use of these causes us damage and we reserve all associated rights. We also have patents that apply to the Family Zone Services.

    8.3 Your feedback

    We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Family Zone Services without further compensation, acknowledgement or payment to you for any purpose whatsoever. Where you provide Feedback you grant to us, a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your Feedback for the reasonable purposes of our business, and the right to sub-license those rights to others.

    You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content and you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

    You warrant that you have the right to grant the above licence, that our exercise of the licence rights above will not infringe the intellectual property rights of any person, and that the Feedback is not defamatory and does not breach any law.

    We may monitor or review your Feedback, but we are not obliged to do so. We may also alter or remove any of your Feedback at any time, including to ensure the operational integrity of our services.

    8.4. Possible Infringements

    If you believe your Feedback has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Family Zone Services, please contact us immediately.

    8.5 Third party copyright

    Various legislation across the world protects materials such as films, music, books and computer programs. You can break these laws if you download, copy, share or distribute such material, unless you’re allowed to do so by a piece of legislation or by permission of the copyright owner. Please don’t use the Family Zone Services to do any of these things, because if you do, we might have to cancel your Family Zone Services and the copyright owner could take legal action against you.

  • 9. Cyber Experts

    9.1 What is a Cyber Expert

    Cyber Experts are individuals or organisations who offer advisory services in parental controls, cyber safety and related matters.

    Cyber Experts offer customised features and settings within the Family Zone Controls tailored for the specific needs of customer groups. Cyber Experts may also offer other services outside the Family Zone and may incorporate the Family Zone Services into broader services aimed at making families safe.

    To access the Family Zone Services you are encouraged to select a Cyber Expert, but may elect to use a do-it-yourself mode.

    A Cyber Expert’s specific role is to introduce customers to the Family Zone and to offer customers a customised version of the Family Zone Controls. Cyber Experts may provide any of these services to you:

    • Pre-defined Family Zone settings including for specific age groups recommendations for internet filtering, device and app controls (‘Control Settings’);
    • Periodic updates of Control Settings;
    • Periodic communications such as blogs and emailed notices of changes and updates;
    • Installation services relating to the Family Zone Products and Family Zone Services or other products and services;
    • Seminars, talks, presentations and other speaking engagements;
    • Free or subscription based Content;
    • Specific advice.

    Through subscribing to a Cyber Expert you will receive their recommended settings plus ongoing updates and if you choose, ongoing advice and communication from them.

    Cyber Expert services in relation to the Family Zone are provided subject to an agreement between you and them. This will be made available to you at the point of selecting a Cyber Expert. If you do not wish to accept those terms then you should not subscribe to the Cyber Expert.

    9.2 Relationship between the Family Zone and Cyber Experts

    Cyber Experts are independent third parties to Family Zone.

    Services provided by Cyber Experts are the responsibility of Cyber Experts and are provided subject to an agreement between you and them.

    9.3 Changing Cyber Experts

    You may change your Cyber Expert at anytime. Doing so will not automatically change Family Zone Control settings already chosen for your End-Users.

    To reflect your new Cyber Experts settings in your End-User Family Zone Control settings you must select a new profile for each End-User. Once changed your new Family Zone Control settings will apply.

    If you made modifivcations to the recommended settings by your former Cyber Expert then be advised that these are NOT transferred to your new settings. You must review these and modify them to what your needs.

    Choosing a new Cyber Expert may require a new Plan to be entered into. You will not automatically get a credit for any unexpired portion of a subscription paid for your previous Cyber Expert. Please contact your previous Cyber Expert to query this.

    9.4 Termination by a Cyber Expert

    Cyber Experts have the right at anytime with at least 30 days notice terminate their services with you. In this event, you must select a new Cyber Expert within that time period. If you do not select a Cyber Expert:

    • a substitute Cyber Expert may be selected for you; or
    • your End-User Family Service Controls may become default settings; or
    • your Family Zone Service may, at the election of Family Zone, be terminated

    In all instances, we will attempt to contact and notify you of these changes so you can provide instruction on how you wish to proceed.

    The same rules apply should a Cyber Expert provide notice of an intention to cease providing Cyber Expert services.

    9.5 Cyber Expert Permissions and Privacy Policy

    In the course of providing their services to you Cyber Experts may need access to PII collected by The Family Zone (such as usage, settings and contacts) and will need from time to time to provide you with electronic communications such as email or SMS updates.

    Cyber Experts agree to treat your information and to contact you in accordance with the Family Zone Privacy Policy.

    You permit your personal information to be made available to your Cyber Experts and for your Cyber Experts to contact you in accordance with the Privacy Policy.

  • 10. Family Zone Schools

    10.1 Family Zone Schools

    Family Zone Schools are Schools which have chosen to promote, recommend or require relevant persons to acquire or use Family Zone Products and/or Services.

    Family Zone Schools are independent third parties to Family Zone. They are not agents of Family Zone and you should consider their advice, instructions and recommendations accordingly.

    10.2 Family Zone Schools and School Community Features

    You may choose to take advantage of School Community Features. To do so, both you and the relevant Family Zone School/s must opt-in and in doing so, you:

    • (a) agree to delegate certain responsibilities to applicable Family Zone School/s (such as device or user maintenance or internet access policy settings);
    • (b) give permission to Family Zone to share certain usage, device and user information between you and the applicable Family Zone School/s; and
    • (c) agree that where Family Zone Schools exercise functions available to them within the School Community Features, that the provisions of Section 7 (general disclaimer and indemnity) of these Terms plus our Privacy Policy apply to the applicable Family Zone School/s as if they were Family Zone.
  • 11. General

    11.1 Changes to Customer Terms

    We may, from time to time, change these Customer Terms. Such revisions shall be effective immediately; provided however, for existing customers, such revision shall, unless otherwise stated, be effective 30 days after posting.

    We will endeavor to make available prior versions of our terms on our website.

    If we revise our terms and such revision is in our opinion materially detrimental to you then we will permit you to cancel your Family Zone Services with us without penalty within 30 days and we will make a reasonable attempt to provide you notice of the change and your rights.

    11.2 Governing Law

    Customer Terms shall be governed by and construed in accordance with the laws of Western Australia.

    You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

    11.3 Arbitration

    If you are a customer of the Family Zone and you are based in a country that has a statutory small claims or arbitration process for dealing with disputes then you agree that, by agreeing to these Customer Terms, the relevant acts govern the interpretation and enforcement of this provision we both waive our rights to a trial by jury or to participate in a class action.

    This arbitration provision shall survive termination of this Agreement and the termination of your Family Zone Services.

    If you elect to seek arbitration or file a small claim court action, you must first send to Family Zone, by certified mail, a written Notice of your claim ("Notice") to us at our contact address available on our website.

    If we initiate arbitration, we will send a written Notice to the email address we have on our records

    A Notice, whether sent by you or us must:

    • Describe the nature and basis of the claim or dispute;
    • Set out the specific relief sought ("Demand").

    If we and you do not reach an agreement to resolve a claim within 30 days after a Notice is received, you or we may commence a relevant arbitration proceeding or file a claim in small claims court.

    You agree that we may choose whether any arbitration proceedings will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.

    YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

    Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

    11.4 No waiver for breaches

    If we do not act in relation to a breach of our Customer Terms by you, we do not waive any rights to act in relation to that breach or any later breach by you.

    If you do not act in relation to a breach of our Customer Terms by us, you do not waive any rights to act in relation to that breach or any later breach by us.

    11.5 Your liability to us

    You are liable to us for breach of our Customer Terms or negligence under the principles applied by a competent legal body.

    You are not liable to us for any loss to the extent that it is caused by us.

    11.6 Force Majeure

    We shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

    11.7 Notices

    Any notices to you from us regarding the Services or these Customer Terms will be posted on our website or made by e-mail.

    As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Family Zone Services and may not be able to opt-out of them unless you terminate your Plan.

    Any notice or communication that you desire or are required to send us should be sent through one of the means listed in on our website.

    11.8 Entire Agreement

    These Customer Terms together with Deal Terms (if any) constitute the entire agreement between you and us and supersedes any prior agreements, whether in writing or otherwise.

    11.9 Severability

    In the event that any provision of these Customer Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Customer Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

    11.10 Effects of Termination

    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

    11.11 Electronic contracting

    You accept that use of the Services acknowledges your acceptance of our ability to enter into agreements with you and/or to transact with you electronically.

    You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

  • Cyber Expert Terms

  • 1. Introduction

    1.1 Cyber Experts & the Family Zone

    Cyber Experts offer customised packages of features and settings within the Family Zone. These packages are tailored for the specific needs of customer groups. These services are called “Cyber Expert Services” and are governed by this agreement.

    Cyber Experts may offer other services outside of the Family Zone and may incorporate the Family Zone Services into broader services aimed at making families safe. Services outside of the Family Zone are not Cyber Expert Services and are not governed by this agreement.

    Cyber Experts are independent of the Family Zone. Cyber Expert Services are the responsibility of Cyber Experts and are provided subject to this agreement between you and them.

    1.2 Binding Agreement

    THESE “Cyber Expert TERMS” ARE AN AGREEMENT BETWEEN YOU AND YOUR Cyber Expert REGARDING YOUR USE OF, RIGHTS TO AND OBLIGATIONS WITH RESPECT TO THEIR Cyber Expert SERVICES.

    THESE TERMS APPLY TO ANY UPDATES, SUPPLEMENTS OR MODIFICATIONS TO THEIR Cyber Expert SERVICES, UNLESS OTHER TERMS ACCOMPANY THOSE ITEMS. IF SO, THOSE TERMS APPLY. READ THESE TERMS CAREFULLY BEFORE USING THE FAMILY ZONE PRODUCTS AND SERVICES. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND YOUR CHOSEN Cyber Expert.

    BY SELECTING OR CHANGING A Cyber Expert WITHIN THE FAMILY ZONE SERVICES YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE BEEN PRESENTED WITH, YOU UNDERSTAND AND ARE BOUND BY THESE TERMS.

    IF YOU DO NOT AGREE TO ANY OF THESE TERMS DO NOT USE A Cyber Expert WITHIN THE FAMILY ZONE.

    YOU MAY OBTAIN NON FAMILY ZONE RELATED SERVICES FROM YOUR Cyber Expert. SUCH SERVICES ARE NOT GOVERNED BY THESE TERMS.

    1.3 Meaning of Terms

    Unless defined herein, as the context requires, all terms have the same meaning as setout in the Family Zone’s Customer Terms.

  • 2. Cyber Expert Terms

    2.1 Sign-up

    The Family Zone permits you to choose a Cyber Expert (or not) when you create a new Family Zone account.

    2.2 Changing Cyber Expert

    You may change your Cyber Expert at anytime. Doing so will not automatically change Family Zone Control settings already chosen for your End-Users.

    To reflect your new Cyber Experts settings in your End-User Family Zone Control settings you must select a new profile for each End-User. Once changed your new Family Zone Control settings will apply.

    If you made modifications to the recommended settings by your former Cyber Expert then be advised that these are NOT transferred to your new settings. You must review these and modify them to suit your needs.

    Choosing a new Cyber Expert may require a new Plan to be entered into. You will not automatically get a credit for any unexpired portion of a subscription paid for your previous Cyber Expert. Please contact your previous Cyber Expert to query this.

    2.3 Ceasing to use a Cyber Expert

    You may cease to use a Cyber Expert at anytime. You do so by choosing the Do-It-Yourself option within the Family Zone portal.

    Doing so has the same effect as changing to a new Cyber Expert. You will need to manually change your End-User’s profiles and check all settings.

    2.4 Termination by your Cyber Expert

    Your Cyber Experts may at anytime with at least 30 days notice terminate their services to you. In this event, you must select a new Cyber Expert within that time period. If you do not select a Cyber Expert then:

    • Family Zone is permitted to substitute a Cyber Expert for you; or
    • Your Family Zone Service may, at the election of Family Zone, be terminated.

    Family Zone we will attempt to contact and work with you to manage the transition.

    2.5 Cyber Expert Permissions and Privacy Policy

    In the course of providing their services to you your Cyber Expert will need to access personally identifiable information (PII) collected by The Family Zone or them (such as usage, settings and contacts) and will need from time to time to provide you with electronic communications such as email or SMS updates.

    Your Cyber Expert will treat your information and to contact you in accordance with the Family Zone Privacy Policy.

    You permit your personal information to be made available to your Cyber Experts and for your Cyber Experts to contact you in accordance with the Privacy Policy.

  • 3. Cyber Expert Subscriptions & Fees

    3.1 Fees and charges

    Your Cyber Expert requires you to subscribe to a Plan. Your Plan may be month-to-month or may have a minimum term such as 12 months. It will be billed, collected, must be paid and may be cancelled under the same terms of your applicable Family Zone Plan.

    Applicable fees and charges for your Cyber Expert Services are subject to change. If they are changed, reasonable notice will be provided to you and if you are inside a minimum contract term you will be provided with a reasonable time period to cancel your services without penalty. Typically this will be at least 14 days.

    3.2. Errors in documents

    Clerical or computation errors and misprints in any document that we or a Reseller provide to you in connection with Cyber Expert Services including any Plan terms, catalogues, price lists, delivery dockets, invoices, statements or credit notes, may be corrected by the reissue of the document or otherwise by giving you notice of the error or misprint with reference to the original document.

    You are not entitled to a reduction or variation in a price by reason of any such error or misprint.

    3.3. Commissions

    Cyber Expert plan fees and charges may be subject to revenue sharing arrangements and the payment of commissions to partners, agents, employees, contractors and others.

  • 4. Cyber Expert Services

    4.1. Terms of Service

    Cyber Expert Services are provided on the same terms as the Family Zone Services. These terms are described in Section 3 of the Family Zone Customer Terms which deals with:

    • Monitoring
    • Responsibility for use
    • Acceptable Use
    • Customer Support Updates
    • Reporting Faults
    • Termination
    • 3rd party equipment and services
    • Changes
    • Lost, stolen or sold equipment
    • Use official methods only
    • Electronic Communications

    4.2. Cyber Expert Services

    A Cyber Expert’s specific role is to introduce customers to the Family Zone and to offer customers a customised version of the Family Zone Controls. Cyber Experts may provide any of these services (‘Cyber Expert Services’) to you:

    • A pre-defined package of Family Zone parental control settings including for specific age groups recommendations for internet filtering, device and app controls (‘Control Settings’).
    • Periodic updates of Control Settings.
    • Periodic communications such as blogs and emailed notices of changes and updates.
    • Installation services relating to the Family Zone Products and Family Zone Services or other products and services.

    Cyber Experts may offer other services relating to parental control and cyber safety. These may include the following which for the purpose of clarity are specifically not considered Cyber Expert Services:

    • Seminars, talks, presentations and other speaking engagements
    • Parenting, family advice and counselling.
    • Matters of religion and faith.
    • Technology training and advice.
    • Cyber safety advice, products or services which do not involve the Family Zone Products and Services.
  • 5. Disclaimer & Indemnity

    5.1 Cyber Safety Generally

    You acknowledge that cyber threats, exposures and the various technical, operational, legal and other challenges surrounding these matters are complex and dynamic. Parental control technologies are subject to many limitations and can only ever be a part of a parent’s approach to keeping their family cyber safe. Furthermore family and individual circumstances are all very different and Cyber Experts and Family Zone will never be aware of the issues pertaining to you and your family.

    5.2 General Disclaimer

    Cyber Expert SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

    Cyber Expert SERVICES INCLUDING ANY FEATURES AND FUNCTIONALITIES ASSOCIATED ARE PROVIDED WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

    Cyber ExpertS DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THE Cyber Expert SERVICES WILL BE FREE FROM ERROR, OUTAGE, FAULT, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR ANY SECURITY INTRUSION, AND ANY LIABILITY RELATING THERETO IS DISCLAIMED.

    YOU ARE PROVIDED WITH NO GUARANTEE, REPRESENTATION OR WARRANTY THAT THE Cyber Expert SERVICES WILL BE TAILORED FOR YOUR PERSONAL CIRCUMSTANCES.

    ANY INFORMATION SUBMITTED TO Cyber ExpertS IS AT YOUR SOLE RISK, AND ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY IS HEREBY DISCLAIMED.

    TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL YOUR Cyber Expert(S), THEIR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR PARTNERS, AFFILIATES OR CONTRACTORS INCLUDING THE FAMILY ZONE BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

    5.3 Your Statutory Rights

    Nothing in this agreement shall affect any non-waivable statutory rights that apply to you. If any provision or provisions of these customer terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this section may not apply to you and these terms must be read subject to statutory provisions applicable to you. If these statutory provisions apply, to the extent to which we are entitled to do so, we limit our liability in respect of any claim under those provisions to: in the case of goods, at our option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at our option: the supplying of the services again; or the payment of the cost of having the services supplied again.

    5.4 Waiver & Indemnity

    You agree to defend, indemnify and hold harmless your Cyber Expert, its shareholders, affiliates and/or partners, and its and their officers, directors, partners, agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise out of or relate to:

    (i) your unauthorized or unlawful use of the Cyber Expert Services.

    (ii) your breach of these terms.

    (iii) the infringement by you, your End-Users or any third party using your Plan, of any intellectual property or other right of any third party.

    Your Cyber Expert(s) reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

  • 6. Intellectual Property

    6.1 Copyright

    All copyright and other intellectual property rights subsisting in your Cyber Expert’s trading name Content and their Cyber Expert Services are, without limitation, now owned by you and are protected by the laws of Australia and other countries.

    Subject to these terms, you are authorised to view our your Cyber Expert’s Content using your web browser or, where expressly invited to do so, to share certain content on social media. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of our Family Zone Content, except as permitted by statute or with our prior written consent.

    6.2 Patents and Trademarks

    Your Cyber Expert may hold patents and trademarks. Unauthorised or misleading use of these will cause your Cyber Expert damage and all rights are reserved.

    6.3 Your feedback

    Your Cyber Expert is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may provide to them ("Feedback"), including responses to questionnaires without further compensation, acknowledgement or payment to you for any purpose whatsoever.

    Where you provide Feedback to your Cyber Expert you grant them a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your Feedback for the reasonable purposes of our business, and the right to sub-license those rights to others.

    You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content and you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

    You also warrant that you have the right to grant the above licence, that our exercise of the licence rights above will not infringe the intellectual property rights of any person, and that the Feedback is not defamatory and does not breach any law.

    Your Feedback may be monitored, but their is no obligation for this to be done. Your Feedback may be altered or removed at any time, including to ensure the operational integrity of your Cyber Expert’s Services.

    6.4 Third party copyright

    Various legislation across the world protects materials such as films, music, books and computer programs. You can break these laws if you download, copy, share or distribute such material, unless you’re allowed to do so by a piece of legislation or by permission of the copyright owner. Please don’t use the Cyber Expert’s Services to do any of these things, because if you do, we might have to cancel your Family Zone Services and the copyright owner could take legal action against you.

  • 7. General

    7.1 Changes to Terms

    These terms may be changed from time to time. Such revisions shall be effective immediately; provided however, for existing customers, such revision shall, unless otherwise stated, be effective 30 days after posting.

    If these terms are revised and such revision are in the opinion of the Family Zone detrimental to you then you will be permitted to cancel your Cyber Expert Services without penalty within 30 days.

    7.2 Governing Law

    These terms shall be governed by and construed in accordance with the laws of Western Australia. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

    7.3 Arbitration

    The arbitration provisions contained within section 10.3 of the Family Zone Customer Terms apply with that clause being read to substitute your Cyber Expert for the Family Zone.

    7.4 No waiver for breaches

    If your Cyber Expert does not act in relation to a breach of these terms by you then this may not be construed to waive any rights your Cyber Expert has to act in relation to that breach or any later breach by you.

    If you do not act in relation to a breach of these terms by your Cyber Expert then you do not waive any rights to act in relation to that breach or any later breach.

    7.5 Your liability

    You are liable to your Cyber Expert for breach of these terms or negligence under the principles applied by a competent legal body.

    You are not liable for any loss to the extent that it is caused by your Cyber Expert .

    7.6 Force Majeure

    Your Cyber Expert shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

    7.7 Notices

    Any notices to you will be posted by e-mail.

    7.8 Entire Agreement

    These terms together constitute the entire agreement between you and your Cyber Expert in relation to the Cyber Expert Services and supersedes any prior agreements, whether in writing or otherwise.

    7.9 Severability

    In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms such determination shall not affect the validity and enforceability of any other remaining provisions.

    7.10 Effects of Termination

    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

    7.11 Electronic contracting

    You accept that use of the Cyber Expert Services acknowledges that you accept entering into agreements and transacting electronically.

    You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

  • Customer Information and Security

  • 1. Can 3rd parties access Family Zone systems to identify kid's usage?
    • We use HTTPS for all incoming/outgoing data transfer
    • Our User Interface only provides access to this data to Zone (ie network) Owners and CSRs/Admins.
    • Our cloud servers are hosted by Amazon and we engage leading provider Conexim to manage the services and security.
    • We apply all industry security standards. All servers are firewalled and require security certificates and strong passwords. There is no direct or password only access to production servers.
  • 2. Can 3rd parties access Family Zone systems to identify kid's names & addresses?
    • HTTPS for all incoming/outgoing data transfer
    • User's names are masked when displayed in Zones other than their parent's.
    • We hold no personal or contact information on users (excluding parents). So we don’t know kid's emails, phone numbers or the like.
    • Addresses are captured and stored by us only when customers order Boxes. We plan to purge this data periodically.
    • Our cloud servers are hosted by Amazon and we engage leading provider Conexim to manage the services and security.
    • We apply all industry security standards. All servers are firewalled and require security certificates and strong passwords. There is no direct or password only access to production servers.
  • 3. Does Family Zone access personal data on devices?
    • No. The only data the App needs is device identifiers eg MAC, IMEI, UID and App IDs (ie the codes of the apps installed on the device).
    • We absolutely do not access photos, contacts, messages etc.
    • Further, the App and its functions are disclosed to the user. It is not spyware.
  • 4. Could 3rd parties hack the Family Zone App to access the device?
    • All communication between the App and our MDM server is ssl encrypted. MDM services are firewalled and access to them requires a unique certificate plus a strong password.
  • 5. What safeguards are in place to reduce risks of employer or contractor malfeasance?
    • All staff and contractors are required to sign confidentiality agreements.
    • Typical controls around password and systems access are used.
    • Non-production environment data is anonymised and are copies encrypted.
    • Production and non-production environments are on different networks.
  • 6. Are we compliant with legislation around data protection and in particular with respect to minors?
    • We believe we are. The key issues for regulators appear to be around ensuring consent is obtained from parents/guardians before personal/identifiable information on minors is collected/processed.
    • We absolutely obtain consent from parents before we sign up users. Further, where we can't identify a device's owner (ie guest devices) we anonymize the guest record ie it does not persist across the family zone.
    • Also, we do not collect contact or personal information on any user (except parents). We don't know kid's emails, mobile numbers and we don't access personal data stored on mobile devices (eg pictures, messages, emails etc).
    • And we specifically do not capture or store credit card info or "sensitive" information.
  • 7. What about the Ashley Madison, Hello Kitty and Barbie hacks? Is Family Zone similarly exposed?

    With respect to highly publicized hacks the circumstances of each are different. However hacks and leaks are often the result of “inside jobs” or end user failures (such as weak passwords) and less often due to inadequately secured access to databases or systems.

    Having said that, we take matters of security and privacy extremely seriously. Our approach to managing these risks include:

    • We do not store personal information with respect to users (ie kids). We do not access or store their contact details, or on-device data such as messages, pictures etc;
    • We obfuscate and encrypt personal information where appropriate to protect privacy;
    • Our end user technologies do not access personal information and operate with industry standard security technologies;
    • We take preventative steps to ensure our data and IT services are protected as per industry standards and best practices;
    • We utilize the services of reputable organizations and ensure all parties with access to our data are subject to strong confidentiality agreements and we monitor and routinely test our practices.
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