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Terms

Last Revised 12th December 2017

Protecting your privacy is important to Gymea
Pre-Kindergarten (Gymea Pre-Kindergarten). The following terms and conditions
(Policy) explain how Gymea Pre-Kindergarten collects, uses, and discloses the
personal information you may provide while using the website located at http://www.gymeaprekindergarten.com.au
(Website) and the services provided through any of the Website.

It is always your choice whether or not to provide personal
information through the Website. Any personal information you provide will be
treated with care and, subject to this Policy and law, will not be used or
disclosed in ways to which you have not consented.

1.         YOUR
CONSENT

By using a Website or submitting information to Gymea
Pre-Kindergarten through or in connection with a Website, you signify your
consent to Gymea Pre-Kindergarten’s collection, use, and disclosure of your
personal information in accordance with the Policy. If you do not agree with
the Policy, you may not use any of the Website or submit information to Gymea
Pre-Kindergarten through or in connection with a Website.

2.         INFORMATION
AUTOMATICALLY COLLECTED

(a)       
Non-Personal Information – As is typical with many other Internet
websites, the Website automatically collects certain non-personal information
regarding Website users, such as the date and time you access the Website, the
Internet address of the Website from which you linked to the Website, the
operating system you are using, the Website pages read and images viewed, and
any content you post to or download from the Website. This non-personal
information is used for Website and system administration purposes and to
improve the Website. Non-personal information may be disclosed to others and
permanently archived for future use.

(b)        Cookies –
The Website use “cookies”, a technology that stores a small amount of
information on a Website user’s computer to permit the Website to recognise
future visits using that computer. Cookies enhance the convenience and use of
the Website. For example, the information provided through cookies is used to
recognise you as a previous user of the Website (so you do not have to enter
your personal information every time), offer personalised web page content and
information for your use and otherwise facilitate your Website experience. Gymea
Pre-Kindergarten may engage third parties to provide cookies that collect
information regarding Website use. You may choose to decline cookies generally
if your browser permits, but doing so may affect your use of the Website and
your ability to access certain features of the Website.

3.         PERSONAL
INFORMATION YOU SPECIFICALLY PROVIDE

(a)        Your
Personal Information – During your use of the Website, including your
registration as an Gymea Pre-Kindergarten parent, you may be asked to
voluntarily provide personal information (such as your personal name, e-mail
address, postal address, telephone number, and credit card information) for
purposes such as facilitating communications with you or facilitating your use
of the Website. If you choose not to provide certain requested personal
information, you will not be able to register as a Gymea Pre-Kindergarten
parent or use certain features of the Website.

(b)        Use of Your
Personal Information – Gymea Pre-Kindergarten may use your personal information
to contact and correspond with you, respond to your communications, provide
services to you, facilitate and enhance your use of the Website, facilitate
transactions through the Website, and as otherwise permitted by law. Gymea
Pre-Kindergarten may develop a confidential profile for you, which will be used
to provide services to you and facilitate your use of the Website.
Additionally, Gymea Pre-Kindergarten may keep a record of all communications
with you.

(c)        E-mails
from Gymea Pre-Kindergarten – If you register as a Gymea Pre-Kindergarten
parent, then Gymea Pre-Kindergarten may send to you, from time to time, e-mail
or other communications containing information about Gymea Pre-Kindergarten and
the Website and other matters Gymea Pre-Kindergarten believes will interest
you. At any time you may ask Gymea Pre-Kindergarten to stop sending you e-mail
and other information by sending your request by e-mail to privacy@gymeaprekindergarten.com.au
Also, each e-mail Gymea Pre-Kindergarten sends to you will tell you how to
decline further unsolicited e-mail. From time to time Gymea Pre-Kindergarten
may also send to you e-mail containing important information regarding the
Website, which you may not opt out of receiving.

4.         DISCLOSURE
OF YOUR PERSONAL INFORMATION

Gymea Pre-Kindergarten may disclose your personal
information in the following circumstances and as otherwise permitted by
applicable law:

(a)        Disclosure
to Authorising Persons – If you use the Website on behalf of another person or
organisation (such as your employer), Gymea Pre-Kindergarten may provide your
personal information to that authorising person/organisation. Gymea
Pre-Kindergarten has no control over the use of your personal information by
the authorising person/organisation, and that use is not subject to the Policy.
If you do not wish your personal information to be disclosed to the
person/organisation on whose behalf you use the Website, you may not use the
Website.

(b)        Disclosure
to Affiliates, Suppliers and Service Providers – Gymea Pre-Kindergarten may
provide your personal information to its affiliated businesses, such as Keyorris
PTY LTD, or other suppliers and service providers for use in connection with
the operation of the Website. For example, your credit card provider and the
shipping company in order to facilitate the purchase of children’s books
through the Website. Gymea Pre-Kindergarten may also disclose certain of your
personal information to service providers that analyse Website use. Gymea
Pre-Kindergarten requires its affiliated businesses, suppliers and service
providers to agree to use your personal information only for the purposes for
which it is provided to them, and to protect the privacy of your personal
information in a manner that is consistent with the Policy. If you do not wish
your personal information to be disclosed to Gymea Pre-Kindergarten’ affiliated
businesses, and service providers, you may not register as a Gymea
Pre-Kindergarten parent or use the Website.

(c)        Disclosure
in Business Transfers – Gymea Pre-Kindergarten may be involved in the sale or
transfer of some or all of its business. As part of that sale or transfer, Gymea
Pre-Kindergarten may disclose your personal information to the acquiring
organisation, but will require the acquiring organisation to agree to protect
the privacy of your personal information in a manner that is consistent with
this Policy. Gymea Pre-Kindergarten has no liability for the acquiring
organisation’s use and disclosure of your personal information. If at any time
you do not wish Gymea Pre-Kindergarten to disclose your personal information as
part of the sale or transfer of some or all of its business, please send your
request by e-mail to privacy@gymeaprekindergarten.com.au.

(d)        Law
Enforcement and Legal Disclosure – Gymea Pre-Kindergarten may disclose your
personal information to a government institution that has asserted its lawful
authority to obtain the information or where Gymea Pre-Kindergarten has
reasonable grounds to believe the information could be useful in the
investigation of unlawful activity, or to comply with a subpoena or warrant or
an order made by a court, person or body with jurisdiction to compel the
production of information, or to comply with court rules regarding the
production of records and information, or to its legal counsel. Gymea
Pre-Kindergarten has no control over, or liability for, those persons’ use and
disclosure of your personal information, and that use and disclosure is not
subject to this Policy.

5.         DEPERSONALISED INFORMATION

Gymea Pre-Kindergarten may use personal information to
create non-personal information regarding the use of the Website and related
services. Gymea Pre-Kindergarten may then disclose that non-personal
information to other persons and permanently archive that non-personal
information for future use.

6.         BUSINESS
CONTACT INFORMATION

To the extent permitted by law, the provisions of the Policy
concerning “personal information” do not apply to information (such as your
personal name, position or title, business address, business telephone number,
business fax number and business e-mail address) which enable you to be
contacted at a place of business.

7.         LOCATION OF
INFORMATION

Gymea Pre-Kindergarten will store and process your personal
information in Sydney NSW Australia.

8.         SECURING
YOUR INFORMATION

To help protect the confidentiality of your personal
information, Gymea Pre-Kindergarten employs reasonable security safeguards
appropriate to the sensitivity of the information. Nevertheless, security risks
cannot be eliminated and Gymea Pre-Kindergarten cannot guarantee that your
personal information will not be used or disclosed in ways not otherwise
described in this Policy.

9.         ACCESSING
YOUR PERSONAL INFORMATION

You may request access to your personal information and
information about Gymea Pre-Kindergarten’ collection, use and disclosure of
that information by sending your request by e-mail to privacy@gymeaprekindergarten.com.au.
Subject to certain exceptions prescribed by law, you will be given reasonable
access to your personal information within a reasonable time, and will be
entitled to challenge the accuracy and completeness of the information and to
have it amended as appropriate. Gymea Pre-Kindergarten attempts to keep its records
as accurate and complete as possible. You can help us maintain the accuracy of
your information by notifying us of any changes to your personal information.

10.       OTHER
WEBSITES

The Website may contain links to other web sites or Internet
resources, including web sites operated by the government. When you click on
one of those links you are contacting another web site. Gymea Pre-Kindergarten
has no responsibility or liability for or control over those other web sites or
their collection, use and disclosure of your personal information.

11.       CUSTOMER
AGREEMENT

The Gymea Pre-Kindergarten Customer Use Agreement contains
important provisions, including provisions disclaiming, limiting or excluding Gymea
Pre-Kindergarten’ liability for your use of the Website and provisions
determining the applicable law and exclusive jurisdiction for the resolution of
any disputes regarding the Website. Each of those provisions applies to any
disputes that may arise in relation to the Policy or Gymea Pre-Kindergarten’
collection, use and disclosure of your personal information, and are of the
same force and effect as if they had been reproduced directly in the Policy.

12.       FORMER USERS

If you stop using the Website or your permission to use the
Website is terminated, Gymea Pre-Kindergarten may continue to use and disclose
your personal information in accordance with the Policy as amended from time to
time. However, if you want Gymea Pre-Kindergarten to stop sending you
unsolicited e-mail and other information, please send your request by e-mail to
privacy@gymeaprekindergarten.com.au

13.       POLICY
CHANGES

To accommodate changes in the Website, changing technology,
and legal developments, the Policy may be changed from time to time in Gymea
Pre-Kindergarten’s discretion and without any prior notice or liability to you
or any other person. New versions of the Policy will be posted here. Gymea
Pre-Kindergarten’s collection, use and disclosure of your personal information
will be governed by the version of the Policy in effect at that time. Your
continued dealings with Gymea Pre-Kindergarten or your use of the Website
subsequent to any changes to the Policy will signify your consent to the
collection, use and disclosure of your personal information in accordance with
the changed Policy. Accordingly, when you use the Website you should check the
date of the Policy and review any changes since the last version. You should
also bookmark this page and periodically review the Policy to ensure that you
are familiar with the most current version.

14.       YOUR
COMMENTS

If you have any comments or questions about the Policy or
your personal information, please send your comments by e-mail to privacy@gymeaprekindergarten.com.au
or to:

Gymea Pre-Kindergarten

PO BOX 242, Sans Souci NSW 2219

GYMEA PRE-KINDERGARTEN WEBSITE TERMS AND CONDITIONS

Last Revised 2nd August 2014

These website terms and conditions (Terms and Conditions)
govern your use of the Gymea Pre-Kindergarten website located at http://www.gymeaprekindergarten.com.au
and all associated websites including earlyeducationinitiative.com.au
(together, the Website) operated by Gymea Pre-Kindergarten (Gymea
Pre-Kindergarten).

By your conduct in making use of and browsing the Website,
you acknowledge, signify and confirm that you have read, understood, and agree
to be bound by the terms and conditions. 
If you do not accept and agree to the terms and conditions, then you
must not use the website.

1.         ABOUT THESE
TERMS AND CONDITIONS

In these Terms and Conditions “we” and “us” mean Gymea
Pre-Kindergarten and “you” means you the customer. These Terms and Conditions
together with the Gymea Pre-Kindergarten Customer Use Agreement constitute the
entire contract between Gymea Pre-Kindergarten and you for the supply of
products.

2.         CHANGES TO
THE TERMS AND CONDITIONS

Gymea Pre-Kindergarten may, in its discretion, change,
supplement or amend the Terms and Conditions as they relate to your future use
of the Website from time to time, for any reason, and without any prior notice
or liability to you or any other person, by posting the modified Terms and
Conditions on the Website. You may not change, supplement, or amend the Terms
and Conditions in any manner. Each time you use the Website, you acknowledge
and signify that you have read, understood, and agreed to be bound by the Terms
and Conditions as they then read.

3.         THE GYMEA
PRE-KINDERGARTEN CUSTOMER USE AGREEMENT

The Terms and Conditions supplement the Gymea
Pre-Kindergarten Customer Use Agreement here, which applies to registered Gymea
Pre-Kindergarten users.  In the event of
any discrepancy between the Terms and Conditions and the Gymea Pre-Kindergarten
Customer Use Agreement, the latter will prevail.

4.         PERMISSION
TO USE THE WEBSITE

The Website may be accessed and used only by individuals who
are able to enter into legally binding and enforceable contracts and you
warrant that you are able to do so. Users of the Website must comply with all
applicable laws. The Website may not be used by persons in jurisdictions where
access to or use of the Website or any part of them may be considered
offensive, illegal or prohibited. If you breach any provision of these Terms
and Conditions, Gymea Pre-Kindergarten may in its absolute discretion refuse to
give you permission to access and use the Website.

This Website is made available to you for your lawful,
personal, non-commercial use only. You may access and browse the Website only
using commercially available, SSL-capable Web browser software. You may print
or download the pages of the Website for your personal, non-commercial use,
provided that you do not modify any of the pages or other content and you do
not remove or alter any visible or non-visible identification, marks, notices,
or disclaimers. The Website and their content may not be copied, imitated,
reproduced, republished, uploaded, posted, transmitted, modified, indexed,
catalogued, or distributed in any way, in whole or in part, without the express
prior written consent of Gymea Pre-Kindergarten. You may not reproduce, copy,
duplicate, sell, or resell any part of the Website or access to the Website.

While utilising the Website, you may not:

(a)        use any
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process to access, acquire, copy or monitor any portion of
the Website or any Content, or in any way reproduce or circumvent the
navigational structure or presentation of the Website or any content, to obtain
or attempt to obtain any materials, documents or information through any means
not purposely made available through the Website. Gymea Pre-Kindergarten
reserves its right to bar individuals thought to be conducting such activity.

(b)        attempt to
gain unauthorised access to any portion or feature of the Website, or any other
systems or networks connected to the Website or to any Gymea Pre-Kindergarten
server, or to any other services offered on or through the Website by hacking
or any other illegitimate or illegal means.

(c)        scan or
test the vulnerability of the Website or any network connected to the Website,
nor breach the security or authentication measures on the Website or any
network connected to the Website.

(d)        trace or
seek to trace any information of any user or customer of Gymea Pre-Kindergarten,
including any Gymea Pre-Kindergarten account not owned by you to its source.

(e)        exploit the
Website or any service or information made available or offered by or through
the Website in any way where the purpose is to reveal any information,
including but not limited to personal identification or information, as
provided for by the Website.

(f)        use the
Website or any content for any purpose that is unlawful or prohibited by these
Terms and Conditions, or to solicit the performance of any illegal activity or
other activity which infringes the rights of Gymea Pre-Kindergarten or others.

(g)        forge headers or otherwise manipulate
identifiers in order to disguise the origin of any message or transmittal you
send to Gymea Pre-Kindergarten on or through the Website or any service offered
on or through the Website.

(h)        pretend
that you are or that you represent, someone else, or impersonate any other
individual or entity.

You agree that you will not:

a)         take any
action that imposes an unreasonably large burden on the infrastructure of the
Website or Gymea Pre-Kindergarten’s systems or networks, or any systems or
networks connected to the Website or to Gymea Pre-Kindergarten.

b)         use any
device, software or routine to interfere or attempt to interfere with the
proper working of the Website or any transaction being conducted on the Website,
or with any other person’s use of the Website.

5.         DISCLAIMER

The Website is provided on an “as is” and “as available”
basis, and without any representations, warranties or conditions of any kind,
whether express or implied, and including without limitation implied
conditions, warranties or representations of merchantability, fitness for a
particular purpose, performance, durability, security, availability, or
accessibility, all of which are hereby disclaimed by Gymea Pre-Kindergarten to
the fullest extent permitted by law.

You are solely responsible for:

(a)        obtaining,
configuring and maintaining all computer hardware, software, telephone
services, and other equipment and services necessary for you to access and use
the Website;

(b)        scanning
for and preventing the receipt and transmission of viruses, trojan horses,
worms or other destructive or disruptive components; and

(c)        maintaining
a complete and current backup of all of the data contained on your computer
system prior to accessing or using the Website.

Regardless of the nature of the claim or the reasons for the
loss and damages, Gymea Pre-Kindergarten’s liability is limited to foreseeable
and direct damages only. Gymea Pre-Kindergarten will not under any
circumstances be liable to you or any other person for any loss of use, loss of
production, loss of income or profits (anticipated or otherwise), loss of
markets, economic loss, special, indirect or consequential loss or damage or
punitive damages, whether in contract, tort or under any other theory of law or
equity, arising from, connected with, or relating to the use of the Website by
you or any other person.

In no event will Gymea Pre-Kindergarten’s total liability to
you or any other person for any claims, proceedings, liabilities, obligations,
damages, losses, and costs, whether in contract, tort or under any other theory
of law or equity, and regardless of any negligence or other fault or wrong
doing by Gymea Pre-Kindergarten or any person for whom Gymea Pre-Kindergarten
is responsible, exceed the lesser of AUD $20 or the purchase price of the Item
that is the subject of the claim.

The exclusion of certain warranties and the exclusion or
limitation of certain liabilities is prohibited by law in some jurisdictions.
Such limitations may apply to you. The warranty disclaimer and liability
exclusion and limitation clauses survive indefinitely after the termination of
this Agreement.

6.         NO ADVICE

This Website is not intended to be a comprehensive or
detailed statement concerning the matters addressed; professional or expert
advice or recommendations; or an offer or, product or service. You should seek
appropriate, qualified professional advice and recommendations before acting or
omitting to act based upon any information provided on or though the Website.

7.        
COMMUNICATIONS

Communications sent to Gymea Pre-Kindergarten by means of
the Website or email are not considered delivered or effective unless and until
they are actually received and processed by Gymea Pre-Kindergarten’s
responsible representative.

8.         WEBSITE
CONTENT

Gymea Pre-Kindergarten is not obliged to monitor, screen,
police or edit the use of the Website, including postings of materials to the
Website, although Gymea Pre-Kindergarten reserves the right to do so in its
discretion. Gymea Pre-Kindergarten will respond as it considers appropriate, in
its discretion, if it becomes aware of any inappropriate uses of the Website,
including without limitation uses that constitute copyright infringement. You
may report any claims or concerns (including copyright infringement claims)
regarding Website or their content by sending an email to webmaster@gymeaprekindergarten.com.au

9.         OWNERSHIP
OF THE WEBSITE

Copyright © Gymea Pre-Kindergarten. The Website and its
content (including all information in text, graphical, video and audio forms,
images, icons, software, design, applications and other elements available on
or through the Website) are the property of Gymea Pre-Kindergarten and others,
and are protected by international copyright and other laws. Your use of the
Website does not transfer to you any ownership or other rights in the Website
or its content.

10.       TRADEMARK
INFORMATION

GYMEA PRE-KINDERGARTEN, GYMEAPREKINDERGARTEN.com.au, and the
GYMEA PRE-KINDERGARTEN logo, are registered and unregistered trademarks,
service marks, and trade names owned or licensed by Gymea Pre-Kindergarten.
Other product and company names and logos appearing on the Website may be
registered or unregistered trade names, trademarks and service marks of their
respective owners. Any use of the trade names, trademarks, service marks and
logos (Marks) displayed on the Website, except as expressly provided in these
Terms and Conditions, is strictly prohibited. Nothing appearing on the Website
or elsewhere shall be construed as granting, by implication or otherwise, any
licence or right to use any Marks displayed on the Website.

11.       OTHER SITES

The Website may include advertisements for, and links to, other
website or resources and businesses operated by other persons, including the
Australian Government (Other Sites). Other Sites are independent from Gymea
Pre-Kindergarten, and Gymea Pre-Kindergarten has no responsibility or liability
for or control over Other Sites, their business, goods, services, or content.
Links to Other Sites are provided solely for your convenience. Gymea
Pre-Kindergarten does not sponsor or endorse any Other Sites or their content
or the goods or services available through those Other Sites. Your use of Other
Sites and your dealings with the owners or operators of Other Sites is at your
own risk, and you shall not make any claim against Gymea Pre-Kindergarten
arising out of your use of any Other Sites or your dealings with the owners or
operators of any Other Sites.

12.       LINKING,
FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS

Links to the Website without the express written permission
of Gymea Pre-Kindergarten are strictly prohibited. To request permission to
link to the Website, please contact the webmaster@gymeaprekindergarten.com.au. The
framing, mirroring, scraping or data-mining of the Website or any of their
content in any form and by any method are strictly prohibited.

You may not use any collaborative browsing or display
technologies in connection with your use of the Website or to post comments,
communications, or any other data of any kind to or on the Website with the
intention that other users of the Website may view such postings.

13.       UNSOLICITED
SUBMISSIONS

If you send any unsolicited ideas, suggestions or other
materials, including ideas for new advertising campaigns, new promotions, new
or improved goods, services or technologies, product enhancements, processes,
materials, marketing plans, or new product names (Submissions) to Gymea
Pre-Kindergarten or the Website, you automatically grant (or warrant that the
owner of the Submissions grants) to Gymea Pre-Kindergarten:

(a)        a
perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide,
assignable, sub-licensable, right and license;

(b)        to use,
copy, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform, display and otherwise exploit the Submissions or any
ideas, concepts, know-how or techniques associated with the Submissions;

(c)        for any
purpose whatsoever, commercial or otherwise, using any form, media or
technology now known or later developed, without providing compensation to you
or any other person;

(d)        without any
liability whatsoever, and free from any obligation of confidence or other
duties on the part of Gymea Pre-Kindergarten or its assigns; and

(e)        you agree,
represent and warrant that all moral rights in the Submissions are waived in
favour of Gymea Pre-Kindergarten and its assigns.

14.       SOFTWARE
AGREEMENTS

Gymea Pre-Kindergarten may cause software to be available
for you to download from the Website or through other website. The software is
protected by copyright. These Terms and Conditions and the software licence
agreement specific to the software govern your downloading and use of the
software.

15.       INDEMNITY

You indemnify and hold harmless Gymea Pre-Kindergarten, its
employees, contractors and agents and keep them indemnified against all loss,
actions, proceedings, costs, expenses (including legal fees), claims and
damages arising from:      

(a)        any breach
by you of these Terms and Conditions; or

(b)        reliance by
you on any information obtained through the Website.

16.       PRIVACY

Your personal information will be collected and saved by Gymea
Pre-Kindergarten. All data and information collected from you by Gymea
Pre-Kindergarten is treated confidentially respecting the applicable laws on
data protection and in accordance with our Privacy Policy above.

17.       GOVERNING
LAW

These Terms and Conditions and all related matters are
governed solely by the laws of ACT, Australia and applicable federal laws of
Australia, excluding any rules of private international law or the conflict of
laws which would lead to the application of any other laws. The United Nations
Convention on Contracts for the International Sale of Goods does not apply.

18.       OTHER
MATTERS

For all disputes between Gymea Pre-Kindergarten and you or
any other person arising from, connected with or relating to the Website, these
Terms and Conditions, transactions facilitated or conducted through the
Website, Items ordered or purchased through the Website, dealings between you
and Gymea Pre-Kindergarten, or any related matters or any legal relationship
associated there with or derived there from (Disputes), the relevant parties
will attempt to find a reasonable solution least onerous to the parties.

If a Dispute cannot be resolved by the parties, then the
Dispute must be resolved before the Courts of the NSW sitting in the City of Sydney,
Australia, and you irrevocably submit exclusive jurisdiction of those courts in
respect of all Disputes. Proceedings regarding Disputes must be commenced in a
court of competent jurisdiction in the City of Sydney, New South Wales,
Australia within six (6) months after the Dispute arose, after which time any
and all proceedings regarding the Dispute are barred. Any shorter time limit
provided by statute law remains unaffected.

If any provision of these Terms and Conditions is found to
be unlawful, void, or for any reason unenforceable, then that provision shall
be deemed to be severed from the rest of these Terms and Conditions and shall
not affect the validity and enforceability of any remaining provisions.

No consent or waiver by either party to or of any breach by
the other party of these Terms and Conditions will be deemed or construed to be
a consent to or waiver of a continuing breach or any other breach of these
Terms and Conditions by that party. No consent or waiver will be effective
unless in writing and signed by both parties.

You expressly request and require that these Terms and
Conditions be drawn up in the English language.

Any rights not expressly granted in these Terms and
Conditions are reserved to Gymea Pre-Kindergarten.

These Terms and Conditions are subject to change without
notice.

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