Terms and conditions

These terms of services agreement (“Agreement”) set forth the general terms and conditions of your use of the didittoday.com.au website (“Website”), and any of their related products such as DIT Community, DIT Parents and DIT Kids applications (collectively, “DIT Apps”), and services (collectively, “Services”). This Agreement is legally binding between you (“Customer”, “user”, “you” or “your”) and Takepicks Pty Ltd (“Takepicks”, “we”, “us” or “our”). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. You acknowledge that this Agreement is a contract between you and Takepicks, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

User Conduct Guidelines

Users are prohibited from engaging in any of the following activities while using our services:

• Violating any applicable laws or regulations
• Soliciting others to engage in unlawful acts
• Infringing upon our intellectual property rights or the rights of others
• Harassing, abusing, insulting, or discriminating against others based on protected characteristics
• Uploading or transmitting malicious code, viruses, or other harmful content
• Engaging in spamming, phishing, or other deceptive practices
• Using the services for obscene or immoral purposes
• Interfering with the security features of the services

Accounts and membership

By subscribing to our services, you gain access to DIT Community and our DIT Apps. There is one membership account available for use.

If you create an account, you are responsible for maintaining its security and for all activities that occur under it. We may review new accounts before allowing access to the services. Providing false information may result in termination of your account. You must notify us immediately of any unauthorized use or security breaches. We are not liable for any damages resulting from your actions. We may suspend, disable, or delete your account if you violate this agreement or damage our reputation. If your account is deleted for these reasons, you may not re-register.

Membership Types

We offer two family plans to suit your needs, both of which grant access to the DIT Community and the DIT Apps:

1. 1. Small Family Plan: Designed for families with 1-2 children.
2. 2. Large Family Plan: Designed for families with 3-4 children.

Memberships are available on a monthly basis and are paid for by credit card. The subscription terms and features can be selected during purchase or modified before the renewal date. Memberships are automatically renewed until cancellation. See Section 4 below for cancellation procedures.

Payment, Refund and Cancellation

By subscribing to any service on our platform, you acknowledge and agree the terms and conditions of this Agreement and authorize Takepicks to automatically charge your chosen payment method (credit card, bank card, PayPal, etc.) according to the billing period you have selected. Billing occurs monthly in advance.

All subscriptions are recurring, meaning you will be billed continuously until you cancel your subscription. You are responsible for correctly canceling your subscription. To cancel your subscription to our services, please follow the steps outlined below:

1. A. Send an Email Request:

   To initiate the cancellation process, you must send an email request to our support team at info@didittoday.com.

2. B. Provide Necessary Information:

   In your email, include your account details such as your username, registered email address, and any other relevant information to help us process your request.

3. C. Wait for Confirmation:

   Once we receive your email, our support team will send you a confirmation letter acknowledging receipt of your cancellation request within 48 hours. The actual process of canceling your subscription will normally take up to 7 days. If your subscription fee is deducted after you have sent your cancellation request, you have the option to request a refund by sending a further email to us.

Subscriptions will remain active until the end of the current billing cycle, even if you cancel before the billing period ends. However, if payment is not received by the due date, your subscription will be discontinued.

Refunds are not provided for subscription cancellations, except as noted above, per our terms of services.

Please be aware that our moderators have the authority to warn or ban users, including those with paid subscriptions, for engaging in prohibited activities. In such cases, where a user is banned from publishing content or interacting within DIT Community, subscriptions will not be refunded as access to the DIT Apps remains available during the ban period.

Takepicks may utilize local subsidiaries or other entities for payment collection in certain regions. However, all payments will be processed and managed by Takepicks, and the services will be provided by Takepicks, regardless of the entity handling payment collection.

Termination of Service

We reserve the right to suspend or terminate a user's access to our services at any time and for any reason, including but not limited to violations of these terms of services, illegal activities, or disruptive behavior. In the event of termination, users will no longer have access to their account or any associated data.

Accuracy of information

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services has been modified or updated.

Uptime guarantee

We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

Links to other resources

Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by us or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Takepicks. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Takepicks or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Takepicks or third party trademarks.

Content Ownership and Licensing

Users retain ownership of any content they upload or submit to our platform or the Services. By uploading content, users grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for the purpose of operating and improving our services. This license remains in effect even after a user terminates their account.

Collection of data

Takepicks’s privacy policy (Privacy Policy) describes the collection, use and disclosure of data and information, including location and usage data. The Privacy Policy is hereby incorporated into this Agreement, and you hereby agree to the collection, use and disclosures it describes.

We reserve the right to anonymously track and report a user’s activity inside of the Services using non-personally identifiable information (PII) in accordance with our Privacy Policy. We will not advertise or market to children who use the Services, nor will any children information collected be shared with third parties for advertising and marketing purposes.

For users, we may send marketing emails to the address associated with the account. We may also use targeted advertising on third party sites, and contact users via email or via the Services who may be eligible for a contest, survey, or other promotion that we may host. We do not contact children users directly or indirectly, nor solicit any personal information from them for any purpose. The participation of children in any contest or promotion hosted by us is at the discretion and authority of their parent accounts.

Notices

We reserve the right to communicate with users through email, notifications within the services, or other means of electronic communication. Users agree to receive such communications and acknowledge that they are responsible for keeping their contact information up to date.

Disclaimer of liability

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no representation or warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein. Users acknowledge that their use of the services is at their own risk and that we shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of our services.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Takepicks, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Takepicks and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar (US$1.00) or any amounts actually paid in cash by you to Takepicks for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Takepicks and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any wilful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Queensland, Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Queensland, Australia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Accessibility

We are committed to making our services accessible to all users, including those with disabilities. We strive to comply with relevant accessibility standards and welcome feedback on how we can improve the accessibility of our platform.

Agreement Term

This Agreement commences on the date the User first accepts it and continues until all memberships hereunder have expired or have been terminated.

A party may terminate this Agreement for cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services. When we do, we will revise the updated date at the bottom of this page. Continued use of the Services after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so by sending an email to info@didittoday.com

We also recommend that you read our:

• Privacy Policy
• Cookie Policy
• Acceptable Use Policy

Last Updated: 27 April 2024
Version 1.0