Please read the Terms carefully and immediately cease using the Site if you do not agree to them.

ACCEPTANCE

This website (Site) is operated by Elizabeth Leontieff-Johnson (ABN 72 969 043 217) trading as Oopsy Daisy Reading (we, our or us). It is available at: https://www.oopsydaisyreadingkids.com/ and may be available through other addresses or channels. By accessing and/or using the Site you:

  • warrant to us that you have reviewed these Terms and Conditions, including our Website Terms of Use (available on the Site) and our Privacy Policy (available on the Site) (Terms), with your parent or legal guardian (if you are under 18 years of age), and you understand them;
  • warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
  • agree to use the Site in accordance with the Terms.
  • You must not place an order for products through the Site unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to use the Site, you agree to:
    (i) supervise the Minor’s use of the Site
    (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site;
    (iii) ensure that the content on the Site is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and
    (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

ORDERS

  • You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including charges and taxes) at the time you place your order.
  • We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
  • Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
  • It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.
  • When you order and pay on the Site and your payment has been validated, we will provide you with a summary of your order (via email) and access to your purchased product either online through our platform or in a downloadable format for you to download to your device.

PRICE & PAYMENTS

  • You must pay us the purchase price of each product you order plus any applicable taxes and other charges as set out on the Site (the Price) in accordance with this clause. All amounts are stated in US dollars unless otherwise expressly stated. Prices are inclusive of Australian GST (where applicable). You must pay the Price upfront, using one of the payment methods set out on the Site.
  • You must not pay, or attempt to pay, the Price by fraudulent or unlawful means.

PROMOTIONAL DISCOUNT CODES

  • We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.

DELIVERY

  • Delivery of the products you order is by way of downloadable files or access to the products via our Site or platform. We do not currently produce physical books for delivery.

RETURNS

  • We do not accept returns for change of mind, however please contact us if you have concerns or queries about our products.

LIMITIATIONS

  • Despite anything to the contrary, to the maximum extent permitted by law:
    (ii) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
    (ii) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
    whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
  • Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
    (i) loss of, or damage to, the products, or any injury or loss to any person;
    (ii) failure or delay in providing the products; or
    (iii) breach of the Terms or any law,
    where caused or contributed to by any:
    (iv) event or circumstance beyond our reasonable control; or
    (v) act or omission of you or your related parties,
    and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
  • In Australia, our products come with guarantees which cannot be excluded under the Australian Consumer Law. Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

INTELLECTUAL PROPERTY

  • All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us. This includes but is not limited to the intellectual property in our e-books, parental reading guides we provide with our e-books, audio books, audio recordings and song books.
  • You must not, without our prior written consent:
    (i) copy or use, in whole or in part, any of our intellectual property;
    (ii) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party;
    (iii) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property; or
    (iv) use the intellectual property to compete with our business.
  • We provide you with a limited licence to print our e-books in order to read them, in physical form, to your child. Some of our e-books may be available in black and white activity book version, for you to complete with your child. We provide you with a limited licence to print these activity books to complete with your child.

TERMINATION

  • We may immediately suspend, terminate or limit your access to and use of the Site and (where applicable) your account) if you breach the Terms and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach.
  • You may stop using the Site at any time for any reason.
  • We may stop making the Site (or any part of it) available without prior notice. If we do this, any order that we have accepted will not be affected, subject to the Terms.

GENERAL

  • Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms and Conditions without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
  • Notices: Any notice given under these Terms and Conditions must be in writing and addressed to us at the details set out below or to you at the details provided when submitting your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of email.
  • Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms and Conditions does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
  • Relationship of parties: These Terms and Conditions are not intended to create a partnership, joint venture or agency relationship between the parties.
  • Severance: If a provision of these terms and conditions is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms and Conditions without affecting the validity or enforceability of the remainder of that provision or the other provisions.
  • Disclaimer: Please note that our products are designed to help your child learn to read and/or develop their reading skills. While our products are designed to help your child develop their reading skills, we do not provide any guarantee that using our products will help your child attain a certain reading level or competency. You should speak to an occupational therapist or other specialist if you have concerns about your child’s development or literacy level.
  • Assignment: You must not assign any rights or obligations under these Terms and Conditions, whether in whole or in part, without our prior written consent.
  • Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
  • Amendment: We may, at any time and at our discretion, vary these Terms and Conditions by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
  • Governing law: These Terms and Conditions are governed by the laws of Queensland. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.

For any questions and notices, please contact us at:
Elizabeth Leontieff-Johnson (ABN 72 969 043 217) trading as Oopsy Daisy Reading
Email: info-enquiry@oopsydaisyreadingkids.com
Last update: March 2022
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