These Terms of Service govern your use of the website located at https://mightyparent.onyxer.agency and any related services provided by Mighty Parent Pty Ltd.
By accessing https://mightyparent.onyxer.agency, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Mighty Parent Pty Ltd.
We, Mighty Parent Pty Ltd, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on June 24, 2024.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
- remove any copyright or other proprietary notations from any materials and software on this website;
- transfer the materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Mighty Parent Pty Ltd provides;
- use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use this website or its associated services in violation of any applicable laws or regulations;
- use this website in conjunction with sending unauthorized advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The intellectual property in the materials contained in this website are owned by or licensed to Mighty Parent Pty Ltd and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Mighty Parent Pty Ltd at any time.
User-Generated Content
You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.
When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.
The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences and our Privacy Policy.
Liability
Marketplace Platform: Mighty Parent operates an online platform (the “Platform”) that enables Parents and Providers to connect and engage directly with each other. Providers can advertise Services (such as consultations, events, childcare, or other parenting-related offerings) on the Platform for Parents to search and purchase.
Mighty Parent provides the Platform and associated services only. We are not the advertiser, promoter, or supplier of any Services appearing on the Platform. No agency, partnership, joint venture, employee-employer, or similar relationship is created between Mighty Parent and any user (whether a Parent or Provider).
Provider Responsibilities: Providers are solely responsible for the provision, performance, and delivery of Services purchased by Parents. This includes complying with all applicable laws and regulations, ensuring the accuracy of information provided on the Platform, and maintaining any relationship created with Parents for the provision of Services, whether through the Platform or otherwise.
Parent Responsibilities: Parents are solely responsible for choosing Providers and Services on the Platform based on their individual needs and preferences. This includes thoroughly reviewing Provider profiles, qualifications, experience, reviews, and terms. Parents must satisfy themselves of the suitability of a Provider’s expertise and approach to parenting support, as Mighty Parent does not verify or endorse credentials. Parents are responsible for all interactions and arrangements with Providers, evaluating Service quality, and understanding that Mighty Parent is not liable for any aspect of the Parent-Provider relationship, including Service suitability or safety. Mighty Parent makes no representations or warranties regarding Provider qualifications, Service quality or effectiveness, the ability to find suitable options on the Platform, or Provider/Service availability. By using the Platform, Parents assume full responsibility for their choices and interactions.
Mighty Parent’s Responsibility: Mighty Parent is not responsible or liable for the conduct of or between any users of the Platform, including the provision of Services between such users in any way, whether through the Platform or otherwise. We do not guarantee the quality, safety, or suitability of any Services offered on the Platform.
Dispute Resolution: Any disputes arising between Parents and Providers should be resolved directly between the parties involved. Mighty Parent may, at its discretion, assist in facilitating communication between the parties but is not obligated to do so.
Disclaimer: The information and materials provided on the Platform are for general informational purposes only and should not be considered professional advice. Mighty Parent makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Platform or the information, products, services, or related graphics contained on the Platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, Mighty Parent Pty Ltd makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Mighty Parent Pty Ltd or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Mighty Parent Pty Ltd or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of 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.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Cancellation and Refunds
You acknowledge and agree that cancellation and refund policies for Services are determined by each individual Provider and outlined in their Service details. These policies may vary and could include:
(a) No refunds for cancellations made by the Parent. (b) Full or partial refunds depending on the timing of the cancellation and the Provider’s discretion. (c) Credit towards future Services with the same Provider.
Please review the specific cancellation and refund policy of each Provider before booking a Service.
Deposits and Remainders
If a Service requires a deposit and a remaining balance, and the Provider’s cancellation policy does not allow for refunds, the deposit and any subsequent payments are non-refundable. You must pay the full amount before the scheduled Service date.
Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. Mighty Parent Pty Ltd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
Links
Mighty Parent Pty Ltd has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Mighty Parent Pty Ltd of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Australia. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
