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Last updated: Dec 16, 2013
Thank you for selecting Parentive’s products and services, included but not limited to KidsBlocker Router, KidsBlocker Firmware, KidsBlocker online service and Documentation (“Services”).
USE OF YOUR SERVICE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. READ THIS LICENSE AGREEMENT BEFORE INSTALLING AND USING YOUR ROUTER. USE OF YOUR KIDSBLOCKER ROUTER INDICATES COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
License. License Subject to the terms and conditions of this Agreement, Parentive Pty Ltd (“Parentive”) grants to you a non-exclusive, non-transferable, right to use the Services for your personal use.
Limitations. The Services and all other materials provided hereunder are the exclusive property of Parentive and its suppliers. You agree that you will not, and will not permit any other party to: (a) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the design of the Services or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Firmware (b) modify, adapt, alter or translate the Firmware or Documentation; (c) sublicense, lease, rent, loan, distribute, or otherwise transfer the Services to any third party; (d) use or copy the KidsBlocker Firmware or Documentation except as expressly allowed under this agreement. No express or implied license or right of any kind is granted to you regarding the KidsBlocker Router, KidsBlocker Firmware, the Documentation, or any part thereof including any right to obtain possession of any source code, data or other technical material relating to the KidsBlocker Firmware. All rights not expressly granted to you are reserved to Parentive.
Fees for Services. You agree to pay to Parentive any fees for each Services you purchase or use, in accordance with the pricing and payment terms presented to you for that Services. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
Subscriptions. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
Price Changes. Parentive may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Parentive will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
Shipping. Parentive ships KidsBlocker Routers Australia wide, however at this time we do NOT accept international orders through our website, please email (firstname.lastname@example.org) to enquire about a special order.
Customer Service. Parentive is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. Standard delivery timeframes are between 5--10 business days; in the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.
Refunds. Please choose carefully. We do not normally give refunds if you simply change your mind or make a wrong decision.
Security. When purchasing from Parentive your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard.
Taxes. Unless otherwise stated, you are responsible for any taxes (other than Parentive’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay Parentive for the Services without any reduction for Taxes. If Parentive is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Parentive with a valid tax exemption certificate authorised by the appropriate taxing authority or other documentation providing evidence that no tax should be charged.
Changes to Services. Parentive constantly changes and improves the Services. Parentive may add, alter, or remove functionality from a Service at any time without prior notice. Parentive may also limit, suspend, or discontinue a Services at its discretion.
Warranty. Parentive warrants for a period of twelve (12) months from the date of shipment (the "Warranty Period"), that the Services will materially operate as described in the applicable Documentation. In the event either the router or the firmware fails to conform to such warranty during the Warranty Period, Parentive will, as its sole and exclusive remedy for breach of this warranty, at its option and without charge, repair or replace the KidsBlocker Router. Parentive assumes no liability for aforementioned warranty claims if the claims result solely from your misuse, negligence, improper installation or unauthorized attempt to repair the parts. Any defective item can only be returned if it references a return material authorization ("RMA") number issued by authorised Parentive personnel. The RMA number must be included on the outside carton label of the returned item.
DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARENTIVE NOR THEIR SUPPLIERS MAKE ANY OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THEIR RESPECTIVE PRODUCTS, SOFTWARE, WEBSITES, SERVICES OR OTHER MATERIALS, AND EACH PARTY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, NONINFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, AND SECURE, ERROR-FREE OR UNINTERRUPTED OPERATIONS.
NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR ANY LOSS OF REVENUE, DATA, OR PROFITS, AND INDEPENDENT OF ANY FAILURE OF ESSENTIAL PURPOSE OF THE LIMITED WARRANTY AND REMEDIES PROVIDED HEREUNDER. THIS DISCLAIMER SHALL APPLY WHETHER OR NOT THE OTHER PARTY HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE HARDWARE, FIRMWARE AND DOCUMENTATION DISTRIBUTED HEREUNDER WILL EXCEED THE AGGREGATE AMOUNT OF FEES AND PAYMENTS PAID TO PARENTIVE BY YOU.
Disclaimers. While it is in Parentive’s interest to provide you with a great experience when using the Services, there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND PARENTIVE DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PARENTIVE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF PARENTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF PARENTIVE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO PARENTIVE FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) A$25.00.
Choice of Law, Jurisdiction. This Agreement shall be interpreted, construed, and enforced in all respects in accordance with the laws of the State of New South Wales without giving effect to the principles of conflict of laws thereof.