Terms & Conditions

By accessing or using the Global Grandparents website, the Global Grandparents service, or any applications (including mobile applications) made available by Global Grandparents (together, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms of Use”) and our privacy policy contained in http://globalgrandparents.com/privacy-policy/ (“Privacy Policy”). The Service is owned or controlled by SCI Trading Pty Ltd (“GGP”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND GGP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Basic Terms

  1. GGP takes the privacy of its users, and in particular of grandchildren, very seriously and are bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (“the Act”). The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain parental consent before they collect personally identifiable information online from children who are under 13. Therefore, we only collect personal information through the Services from a child under 13 where that child’s parent consent has been provided which is assumed when the parent creates and approves the creation of a child account.  If we learn we have collected personal information from a child under 13 without parental consent, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information in violation of this paragraph, please contact us at info@52.221.98.163.
  2. You promise to only use the Service for your personal, internal, non-commercial use, and only in a manner that complies with all laws that apply to you. If your use of the Service is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for you using the Services in a way that breaks the law.
  3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of parents that are expressly authorized to create accounts on behalf of their children and of their children’s grandparents, GGP prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to GGP upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  4. You agree that you will not solicit, collect or use the login credentials of other GGP users.
  5. You are responsible for keeping your password secret and secure.
  6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  7. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  8. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
  9. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or GGP.
  10. You must not use domain names or web URLs in your username without prior written consent from GGP.
  11. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
  12. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any GGP page is rendered or displayed in a user’s browser or device.
  13. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  14. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other GGP terms.
  15. Violation of these Terms of Use may, in GGP’s sole discretion, result in termination of your GGP account. You understand and agree that GGP cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for GGP, we can stop providing all or part of the Service to you.

General Conditions

  1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your GGP account by notifying us via support@52.221.98.163.  Your account, your photos, comments and all other data will no longer be accessible through your account, but will be made available to you via an export function.
  2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  3. We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  5. We reserve the right to force forfeiture of any username for any reason.
  6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  7. You agree that you are responsible for all data charges you incur through use of the Service.

Subscription Fee

  1. The Service that we provide is a subscription service.   The holder of the Grandparent Account is required to pay, or have paid for them, an ongoing monthly/annual subscription fee for the use of the Service (“Subscription Fee”).   
  2. For every Grandparent Account, you can create unlimited Grandchild Accounts.  The use of the Grandchild Account and of the overseeing Parent Account is free of charge while the Grandparent Account is active.  
  3. GGP reserves its rights to cancel the Grandparent Account, Parent Account(s) and Grandchild Account(s) if the Subscription Fee is not paid when due.
  4. Where an Account (Grandparent or Grandchild) has been cancelled by reason of a breach of the Terms of Use, then GGP is entitled to retain the Subscription Fee paid by you.

Rights

  1. GGP does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to GGP a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service’s Privacy Policy, available here http://globalgrandparents.com/privacy-policy/.
  2. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
  3. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  4. The Service contains content owned or licensed by GGP (“GGP Content”). GGP Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and GGP, GGP owns and retains all rights in the GGP Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the GGP Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the GGP Content.
  5. The GGP name and logo are trademarks of GGP, and may not be copied, imitated or used, in whole or in part, without the prior written permission of GGP. In addition, all page headers, custom graphics, button icons and scripts are service marks and/or trademarks of GGP, and may not be copied, imitated or used, in whole or in part, without prior written permission from GGP.
  6. Although it is GGP’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, GGP reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by GGP, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, GGP encourages you to maintain your own backup of your Content. In other words, GGP is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. GGP will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  7. You agree that GGP is not responsible for, and does not endorse, Content posted within the Service. GGP does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  8. If you choose to send us content, information, ideas, suggestions, or other materials, you agree that GGP is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

User Information

  1. You acknowledge that GGP may share your personal information with third parties employed to provide some or all of the Services. By registering to use the Services, you consent to this transfer of your personal information. For more detailed information about the collection and use of information and material provided by you, please read our Privacy Policy located at http://globalgrandparents.com/privacy-policy/.
  2. Notwithstanding any other provision of this Terms of Use or the Privacy Policy, GGP reserves the right, but has no obligation, to disclose any information that you submit to the Service, if in its sole opinion, GGP suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, neglect, or domestic violence. Information may be disclosed to authorities that GGP, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that GGP is permitted to make such disclosure.

Advertisements – Third Party Services

  1. GGP may from time to time include on the Service promotions for and links to services offered by third parties (“Third Party Services”). These Third Party Services are not provided by GGP.
  2. Third Party Services are offered to you pursuant to terms and conditions offered by the third party. Third Party Services are promoted on GGP Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
  3. If you engage with any Third Party Service provider then your agreement will be directly between you and that Third Party Service provider.
  4. GGP makes no representation or warranty in respect to the Third Party Services.

Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, GGP CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER GGP NOR ITS AFFILIATES, EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “GGP PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE GGP CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO GGP OR VIA THE SERVICE. IN ADDITION, THE GGP PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE GGP PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE GGP PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE GGP PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE GGP PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE GGP PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE GGP PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE GGP CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE GGP PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOG. IN NO EVENT WILL THE GGP PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT WILL THE GGP PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED A MONETARY AMOUNT EQUIVALENT TO THE LAST MONTHLY/ANNUAL SUBSCRIPTION FEE PAID BY YOU.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF GGP’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE GGP PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE GGP PARTIES.

GGP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You agree to defend (at GGP’s request), indemnify and hold the GGP Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by GGP in the defense of any claim. GGP reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of GGP.

Arbitration

Neither you nor GGP will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if GGP is a party to the proceeding.

You may opt out of this agreement to arbitrate. If you do so, neither you nor GGP can require the other to participate in an arbitration proceeding. To opt out, you must notify GGP in writing within 30 days of the date that you first became subject to this arbitration provision.

Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without GGP’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with GGP must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Entire Agreement between you and GGP

  1. This Terms of Use sets out the entire understanding and agreement between you and GGP with respect to the use of the Service.
  2. The provisions of this Terms of Use are severable, and if any provision of this Terms of Use is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.