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.
To provide our Services we must collect and analyze information about you, your End-Users and Devices.
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.
Your options
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:
Our use of this information
Your options
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:
Our use of this information
Your options
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
Your options
We may collect information about you from third parties including from:
Our use of this information
Your options
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:
Our use of this information
Your options
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.
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.
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.
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.
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 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.
In accordance with the California Online Protection Act:
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.
We do not specifically market to children (under 18).
Should a data breach occur we undertake to notify you within 7 days.
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 use Tracking Technologies. These may include:
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:
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.
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.
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.
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.
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.
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:
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.
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).
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.
Family Zone is not a content provider and holds no rights over any content that is accessed via our Products, Services and Software.
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:
The Family Zone Products and Services provide a parental control solution that:
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.
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:
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.
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.
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:
If you have chosen a Plan with a minimum term:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
Indirect Payments: If your accepted payment method is indirect eg paid through a 3rd party Reseller then:
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.
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.
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.
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.
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.
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.
In using the Family Zone Products and Services you must:
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.
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.
We may terminate your access to Family Zone Services immediately if:
We may terminate your access to Family Zone Services on reasonable (typically 30 days) notice if:
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.
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.
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.
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.
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.
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.
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.
Please choose carefully as refunds are not normally provided where you have simply changed your mind or made a wrong selection.
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.
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.
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.
You are responsible for any lost, stolen and damaged items owned by us, except if it is caused by us or our personnel.
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:
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.
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.
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.
In this Item 6, Software means:
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.
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.
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.
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.
Your ability to use the Software depends on the compatibility of your system or device. Ensuring compatibility is your responsibility.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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:
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
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 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.
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.
Unless defined herein, as the context requires, all terms have the same meaning as setout in the Family Zone’s Customer Terms.
The Family Zone permits you to choose a Cyber Expert (or not) when you create a new Family Zone account.
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.
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.
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 we will attempt to contact and work with you to manage the transition.
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.
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.
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.
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.
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:
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:
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 .
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.
Any notices to you will be posted by e-mail.
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.
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.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
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.
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:
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.
Family Zone Cyber Safety Ltd (ABN 33167509177) (FZO, we, us, our) operates a commission based program for the promotion of the Family Zone products and services by third parties to their end-customers or in the marketplace generally. This is described as our Affiliate Program, the terms of which are set out in this Agreement which is between us and you.
Any reference to you or your in this Agreement refers to the individual or entity who enrolled in the Affiliate Program. Where an authorised individual enrolled on behalf of an entity, you or your refers to that entity.
Certain words used in this Agreement have a special meaning which is set out in clause 9 (Definitions).
Subject to this Agreement, continual achievement of the KPIs and the other arrangements set out in Your Commercial Schedule, Family Zone appoints you as an Affiliate.
This Agreement commences on the date it is accepted by you and terminates in accordance with this Agreement.
Commission details are set out in the Compensation Schedule.
Commissions are calculated at the end of each calendar month and payments are made within 14 business days.
In certain circumstances Commissions paid to you will be subject to clawback. Clawback terms are set out in your Compensation Schedule.
In this agreement a word or expression defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the meaning given to it in that Act.
You agree and acknowledge that:
You undertake and agree:
You must ensure any promotional, advertising or other material(s) you distribute to your Customers (in any format) which refer to us, our Products and Services or the Affiliate Program:
We undertake to make reasonable efforts to support you in marketing the Family Zone Products and Services. Our support will include:
We may agree with you from time to time to provide your customers with special promotions. Such promotions will have defined benefits and a limited term and may have specific terms and conditions. Where such promotions require vouchers or similar technology for tracking these sales, we will make these available to you.
Nothing in this Agreement constitutes, or shall result in, a transfer of any Intellectual Property Rights belonging to us to you. We retain all right, title and interest in the Family Zone Product, Services and the Affiliate Program.
Subject to your ongoing compliance with the terms of this Agreement (including without limitation the licence terms contained in this clause) we grant you a non-exclusive, non-transferable, royalty-free, limited license to use certain trademarks, logos or service marks (whether registered or not) belonging to us and as identified to you by us (if any) (the Marks) for the sole purpose of promoting your participation in the Affiliate Program (Licence) and subject to these terms:
We may terminate this agreement for convenience upon thirty (30) business day’s prior written notice.
You may terminate this agreement for convenience upon ten (10) business day’s prior written notice.
Either party may terminate this Agreement immediately upon written notice to the other party if:
Upon termination of this Agreement:
If we believe you are in breach of any term of this Agreement, or that our systems may be exposed to potential damage or misuse, we may elect to suspend your access to, and participation in, the Affiliate Program without notice. For clarity, this right does not affect or limit any other rights we have under this Agreement.
You acknowledge that we make no representation, guarantee or warranty that:
You agree to indemnify, keep indemnified and hold us harmless from and against any and all actions, claims, proceedings, losses, damages, costs and expenses (including legal fees and expenses on a solicitor/client basis) and other liabilities of whatever nature, whether foreseeable or not, and whether direct or indirect, incurred by us in respect of any claim (i) by a third party arising in connection with this Agreement (except to the extent such a third party claim arises as a direct result of our breach of this Agreement), (ii) arising in connection with your breach of this Agreement, or (iii) arising in connection with your unlawful conduct in referring a Customer to us.
To the maximum extent permitted by law, all other conditions, warranties and guarantees expressed or implied by any legislation, the common law, equity, trade, usage or otherwise in relation to the supply of services under this Agreement or otherwise in connection with this Agreement, are expressly excluded.
To the maximum extent permitted by law, you agree we have no liability to you, any Customer or any third party for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this Agreement.
Certain provisions of the Competition and Consumer Act 2010 (Cth) and other statutes, rules and regulations in Australia may imply certain non-excludable warranties or conditions or mandate certain statutory guarantees. To the extent that they are not permitted to be excluded, our liability for breach of such conditions, warranties or guarantees and your sole and exclusive remedy in relation to such breaches shall be limited to: in the case of software under this Agreement, at our option: replacing or repairing that software or supplying of equivalent software. In the case of hardware under this Agreement, at our option: replacing the hardware unit with a new or refurbished unit.
This Agreement contains the entire agreement between the parties with respect to its subject matter and supersedes all other representations, negotiations, arrangements, understandings or agreements and other communications.
You agree to indemnify, keep indemnified and hold us harmless from and against any and all actions, claims, proceedings, losses, damages, costs and expenses (including legal fees and expenses on a solicitor/client basis) and other liabilities of whatever nature, whether foreseeable or not, and whether direct or indirect, incurred by us in respect of any claim (i) by a third party arising in connection with this Agreement (except to the extent such a third party claim arises as a direct result of our breach of this Agreement), (ii) arising in connection with your breach of this Agreement, or (iii) arising in connection with your unlawful conduct in referring a Customer to us.
Any provision of this Agreement which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of this Agreement or the validity of that provision in any other jurisdiction.
Neither party may assign its rights or obligations under this Agreement without the written consent of the other party which consent will not be unreasonably withheld; provided, however, that we may assign this Agreement to (a) a successor in connection with any merger, acquisition, or sale of all or substantially all of our business or assets to which this Agreement relates, or (b) any related company. Any attempted assignment in violation of the preceding sentence shall be void and without effect.
The relationship of the parties is that of independent contracting parties. Nothing in this Agreement may be considered or interpreted as constituting the relationship of the parties as that of partners, channel partners, joint venture or principal and agent. Each party must not at any time make any statement or representation which is inconsistent with this relationship.
No failure to exercise and no delay in exercising any right, power or remedy under this Agreement will operate as a waiver.
Clauses 7 and 8.8 shall survive any termination of this Agreement.
This Agreement is governed by, and construed in accordance with, the laws of the State of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of that State.
Affiliate Account Manager means our employee (or employees) who provide Affiliate Program support to you (or your Customers in processing sales).
Commission means those commission amounts payable by us in respect of applicable Products & Services purchased by a Customer pursuant to your participation in the Affiliate Program.
Customer means your end-customer who purchases any Products and Services from us and, at the time of purchasing enters your unique voucher code thereby identifying you (in respect of your participation in our Affiliates Program).
Insolvency Event means any of the following events occurring to a party:
Intellectual Property Rights means all intellectual or industrial property protectable by statute, at common law or in equity and includes all know how, inventions, patents, copyright, designs (whether or not registrable), trade secrets, circuit layout designs, circuit layout rights registered and unregistered logos, trade names, logos and get-up (and any copyright in such logos, trade names, logos and get-up) and confidential information and all other rights and interests of a like nature.
KPI’s are the targets set out in your Commercial Schedule and agreed from time to time.
Mark has the meaning given in clause 5.
RRP means :
Product or Service means the Family Zone products and services available on https://www.familyzone.com/plans, as may be added, removed or updated from time to time by us.
Taxable Supply has the same meaning given to it in the GST Law;
Trigger event means the event that determines Commission is payable.
Your Commercial Schedule means the schedule between detailing specific commercial matters between us such as compensation arrangements and KPIs, as agreed between us from time to time in accordance with this Agreement.