Terms of use
Who we are and how to contact us
This website is operated by Early Start Australia Pty Ltd (ABN 56 616 435 575) of 169 Broadway, Nedlands, Western Australia 6009 (Site). To contact us, please email [email protected].
By using our site you accept these terms
By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, please immediately discontinue use of our Site.
You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may make changes to these terms
We may amend these terms at our discretion from time to time. Notice of any amendments will be provided by publishing the revised terms and conditions on our Site only. Every time that you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time
We may make changes to our site
We may update and change our Site from time to time to reflect changes to our services, our users’ needs and our business priorities. We will make reasonable efforts to bring any major changes to the attention of our users.
We may suspend or withdraw our site
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or that access will be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Site for business or operational reasons.
Access to our site with devices
If you are accessing the Site using a mobile device or phone (Device), you may have limited viewing or restricted access to the information provided on the Site. It may be necessary for you to access the Site using a computer in order to access all services we provide.
Who is eligible to use our site
Our Site is directed at users residing in and accessing the Site within Australia.
How you may use material on our site
All intellectual property and copyright in this Site and its content including logos, trademarks, documents, text and graphics is owned by us. You are permitted only to access and download the contents on the Site temporarily and for the sole purpose of viewing the information for personal use. You must not modify or use it for another purpose.
Do not rely on information on this site
Our Site is designed to inform you about ESA. It is provided on an ‘as is’ and ‘as available’ basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
The content on our Site is provided for general information about our services only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
Do not rely on information on this site
Our Site is designed to inform you about us. It is provided on an ‘as is’ and ‘as available’ basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
The content on our Site is provided for general information about our services only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
We are not responsible for websites we link to
Where our Site contains links to other websites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only.
Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
Security on our site
ESA cannot guarantee that any information you transmit over our Site, or via the internet generally will be secure. There are risks in using the Site despite our efforts to secure and encrypt information you may send to us. You accept that any information you provide to us, is at your own risk.
We do not guarantee that our Site will be free from bugs or viruses. You are responsible for configuring your technology to access our Site. You should own your own virus protection software.
Limitation of liability
In no event will we be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australia Consumer Law.
You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Site, including but not limited to, your use of any information obtained from the site and any use of the Site’s content, services and products other than expressly authorised in these terms.
Australian law applies to disputes
These terms of use, their subject matter and their formation, are governed by Western Australian law. You and we both agree that the courts in Western Australia will have exclusive jurisdiction.
Prohibited use
You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:
- in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
- for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- to transmit, or procure the sending of, any advertising or promotional material including any ‘junk mail’, ‘chain letter’ or ‘spam’ or any other similar solicitation;
- to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
- to engage in any other conduct that restrict or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
Additionally, you agree not to:
- use the Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
- use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- use any manual process to monitor or copy any of the material on the Site or for any unauthorised purpose without our prior written consent;
- use any device, software or routine that interferes with the proper working of the Site;
- introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the service on which the Site is stored, or any server, computer or database connected to the Site;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Site.
We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Other terms and conditions
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these terms.
Terminology
In these Terms of Use, the terms ‘us’, ‘our’ and ‘we’ refer to Early Start Australia Pty Ltd and its affiliates, licensors, service providers, employees, agents, officers or directors. The terms ‘you’ and ‘your’ refer to the user of the Site.
