TERMS & CONDITIONS

"Night Nannies" refers to the company Night Nannies Australia Pty Ltd ACN [145 109 922].

All Website materials, including, without limitation, the Night Nannies logo, design, text, graphics, other files, and the selection and arrangement thereof are ALL RIGHTS RESERVED Copyright © 2005 Night Nannies. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Website-including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance-without the prior written permission of Night Nannies is strictly prohibited.

You are granted a limited, non-exclusive right to create a hyperlink to the homepage of this Website only, provided such link does not portray Night Nannies or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Night Nannies logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page without express written consent of Night Nannies. Except as noted above, you are not conveyed any right or license by implication, or otherwise in or under any patent, trademark, copyright, or proprietary right of Night Nannies or any third party. Night Nannies makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Websites accessible by hyperlink from this Website, or Websites linking to this Website. The linked sites are not under the control of Night Nannies, and Night Nannies is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Night Nannies is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Night Nannies of the site or any information contained therein.

This Website may include a discussion forum. Any such forum shall be used only for non-commercial purposes. By using any forum, you agree not to do any of the following:

• Upload to, distribute or otherwise publish through this Website any message, information, text or other material ("Content") that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
• Upload or transmit any Content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
• Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
• Without the written permission of Night Nannies, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam. Night Nannies takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Night Nannies reserves the right, in its sole discretion, to remove or edit any Content that violates these provisions or is otherwise objectionable. You shall remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of this Website. You agree to indemnify and hold harmless Night Nannies from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. Night Nannies reserves the right to change any and all content contained on this Website at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Night Nannies.

IN NO EVENT SHALL NIGHT NANNIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE MATERIALS CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE.

This agreement shall be governed by and construed in accordance with the laws in force in all States of Australia.

Night Nannies reserves the right to amend at any time any policies governing this Website, including this Notice by posting the amended terms and providing notice of such amendments. The amended terms shall be effective immediately after they are initially posted on this Website. If you do not accept the amended terms, you should cease using this Website.

Notwithstanding any of these terms and conditions, Night Nannies reserves the right, without notice and in its sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this Website.