terms of use + disclaimer

These terms and conditions ("Terms", "Agreement") are an agreement between Tiny Hearts Education ("Tiny Hearts Education", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Tiny Hearts Education mobile application and any of its products or services (collectively, "Mobile Application" or "Services").

Accounts and Membership

If you create an account in the Mobile Application, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Adult Content

Please be aware that there may be certain adult or mature content available in the Mobile Application. 

 

Billing and Payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

 

Accuracy of Information

Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or on any related Service has been modified or updated.

 

Backups

We are not responsible for content residing in the Mobile Application. In no event shall we be held liable for any loss of any content. It is your sole responsibility to maintain appropriate backup of your content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Advertisements

During use of the Mobile Application, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Mobile Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

 

Links to other mobile applications

Although this Mobile Application may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. Some of the links in the Mobile Application may be "affiliate links". This means if you click on the link and purchase an item, Tiny Hearts Education will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk.

 

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Victoria, Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Victoria, Australia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. 

 

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.

 

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the Mobile Application and its Services.

 

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to tinyhearts@herohq.co

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We provide information about paediatric first aid for the benefit of all Australian parents. While we make every effort to make sure the information in this app is accurate and informative, the information does not take the place of professional or medical advice.

 

Do not use our information:

  • to diagnose, treat, cure or prevent any disease

  • for therapeutic purposes

  • as a substitute for the advice of a health professional.

We do not accept any liability for any injury, loss or damage caused by use of the information provided in our app. The information may include the views or recommendations of third parties and does not necessarily reflect the views of the Tiny Hearts Education or indicate a commitment to a particular course of action.

Quality of Information

We make every effort to provide quality information in our app. However, we do not provide any guarantees and assume no legal liability or responsibility for the accuracy, currency or completeness of the information. You should obtain advice relevant to your particular circumstances from a health professional.

Links to Other Websites

This app contains links to other websites. We provide these to help you find more information. The linked sites do not necessarily reflect:

  • the views of Tiny Hearts Education

  • our commitment to a particular course of action.

We are careful in selecting the websites we link too, but we are not responsible for and do not necessarily endorse their information. You need to make your own decisions about the accuracy, currency, and reliability of the information on linked websites.

Liability

We are not liable for any interference with or damage to your phone system, software or data occurring in connection with, or relating to, this app or its use.

You should take appropriate and adequate precautions to prevent damage to your phone system, software or data. 

Contact

If you have any queries or concerns about our disclaimer, please contact us at tinyhearts@herohq.co or 1300 054 563.

This document was last updated on November 1, 2019

CONTACT

P: 1300 054 563
E: tinyhearts@herohq.co
L: 6/14 Southeast Blvd, Pakenham, Victoria. 

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