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Terms of Use

Terms of Use

The Playground Ideas website contains a body of knowledge from a community of designers seeking to improve the lives of children through offering general information on play that is affordable to communities with few resources. Playground Ideas is a hub where people can gain information and ideas to help make their own playground. Play is the tool that children use to learn and experiment to improve their cognitive, emotional, social and physical skills. Experimentation and risk-taking are inherent in play, and injuries can often result. No play-space, formal or informal, can ever be risk or injury free, and if it were, it would not offer a significant challenge for children to learn and develop their skills.

Before constructing equipment using the designs on the website, you must make sure the equipment is safe and will be constructed in a way that complies with the product safety standards/guidelines of your own country relating to playground equipment. You must also consider the unique environmental conditions that may affect your ability to construct safe playground equipment. If your country does not have any product safety standards relating to playground equipment, we recommend that you construct equipment that complies with the knowledge of local engineering and construction specialists and the Public Playground Safety Handbook prepared by the US Consumer Product Safety Commission and the US or European technical performance standards that relate to playgrounds. Links to these standards can be found on our website.

All information on the website is provided on an ‘information-only’ basis and should not be relied upon for specific playground builds. Playground Ideas does not accept liability for reliance upon any of the information provided on the website.

By using the website you confirm that you have read and agree to be bound by these Terms of Use.

Projects in the US and Canada

Playground Ideas does not offer support for playgrounds built in the US or Canada. Strict safety guidelines apply in these countries and all designs must comply with these guidelines. If your intention is to build in the US or Canada, please go to www.kaboom.org. Strict standards and guidelines apply in these countries and Playground Ideas accepts no responsibility for any Projects undertaken in these countries.

General conditions: Not-for-profit Organisation Details. PlaygroundIDEAS is provided by “From The Ground UP Ltd” and any reference to Playground Ideas on this website is a reference to From The Ground UP Ltd. From The Ground Up Ltd is an Australian registered public company limited by guarantee (not for profit). (ACN)152 504 400Rotary Australia World Community Service (RAWCS) ltd.  (ACN: 003 444 264) is the trustee of the Rotary Australia Overseas Aid Fund (ABN: 213 883 376 554). From The Ground Up Ltd has ‘Deductable Gift Recipient Status’ as a project of RAWCS.

Terms & conditions

1. Definitions

The following definitions apply in these Terms of Use:

Affiliate means any person, company or association affiliated with Playground Ideas

Creative Commons Licence means the Attribution Share Alike license under which the information provided on the Website may be utilised. This licence allows the work to be distributed, mixed and built upon, as long as the creator of the work (or other party as nominated) is credited and any new creations are licensed under the same terms. If any derivation is made to the design shared from the Website, it is a condition of the licence of use that this changed design is shared back with the creator of the work and is to be shared on the Website. By downloading the designs provided on the Website you agree to the terms of this licence and any breach thereof may result in action being taken against you (http://creativecommons.org/licenses/by-nc-nd/3.0/au/legalcode). Any use of the information provided on the website must be for non-commercial purposes only unless negotiated with Playground Ideas

Design means a collection of text, pictures, 3-D designs and step-by-step pictorial plans that are to be used in conjunction with each other or an individual item of text, picture, 3-D or step-by-step pictorial plan as specified;

Donor means anyone who has donated to a Project or to From the Ground Up Ltd

Fee for Service means any instance wherein Playground Ideas is hired for payment to undertake any service including but not limited to supporting local staff to design and construct a playground, offering general information on safety, and any other services as defined and identified in a fully-executed contract between Playground Ideas and the engaging entity, this being a mandatory requirement to engage Playground Ideas on a Fee for Service basis

From the Ground UP means From the Ground UP Limited (ACN 152 504 400)

Intern means a User who commits to a voluntary (unpaid) placement to help with the work of Playground Ideas. Interns work from their own homes and are not covered by the insurance of Playground Ideas and are not considered as employees of Playground Ideas

Intellectual Property means those rights at law afforded to protect creative and intellectual effort and includes but is not limited to matters related to copyright, trademarks, patents, certain confidential information and other intellectual property not listed herein

Member means a User of the platform with a username and password for the website. This includes, but is not limited to: organisations, playground builders, Project Managers, Volunteers, designers and fundraisers

Personal Information means information including but not limited to name, address, email address, location, organisation, requirements and/or any other information that may serve to identify an individual in any way

Platform means the combination of the Website, newsletters, social network profile and back office

Play Alliance means selected entities with whom Playground Ideas has worked on various projects and that it is willing to share skills and talents with. Playground Ideas specifies the members of the Play Alliance and there is no assessment or criteria for membership of the Play Alliance. Membership of the Play Alliance does not indicate endorsement by Playground Ideas

Playground Ideas means that project provided by From the Ground UP and any reference to Playground Ideas is a reference to From the Ground UP

Posted Materials means any information posted by a User onto the website and includes but is not limited to:

  1. photographs;
  2. literary works;
  3. forum posts;
  4. playground designs;
  5. project information;
  6. commentary; and
  7. links to third-party sites.

Privacy Statement means the privacy statement found on the website at http://www.PlaygroundIdeas.org/Privacy-policy

Project means any planned playground Project, specified in terms of goals, method, target population, budget and location, that, on the basis of the Project Agreement, has been or will be placed on the platform

Project Agreement means the agreement between Playground Ideas and a Project  Manager on the basis of which Playground Ideas provides the project with a Project Page which includes these Terms of Use

Project Budget means the total budget in USD that the Project Manager of the project agrees is required to realise the Project

Project Manager means the legal or private person who has agreed to these Terms of Use and is responsible for the Project. This person will not be provided by Playground Ideas and Playground Ideas will not act in this capacity under any circumstances; Project Page means the page on the Playground Ideas website on which information about the Project is presented to the users of the website

User means any individual, business, corporation or other body that accesses the Website

Volunteer means any user who wishes to volunteer on a Project and who has a Volunteer profile or any intern with Playground Ideas. Volunteers shall not be regarded as employees of Playground Ideas for any purpose and are Volunteers of the country in which the Project is being undertaken, not Volunteers of Playground Ideas

Website means  http://www.playgroundideas.org/ and www.playgroundpages.com and all its sub-pages but does not include the content of any links to external websites contained thereon.

2. Access

Access to and use of the Website and any designs or ideas on the Website is provided by and at the discretion of Playground Ideas (referred to in these Terms of Use as “we” or “us”) and is governed by these Terms of Use. From time to time we may publish directions or rules on the Website relating to the use of the Website that are not included in these Terms of Use. By accessing the Website (other than to read these Terms of Use for the first time), you agree to be continually bound by these Terms of Use and other directions or rules we may publish from time to time.

We reserve the right to change these Terms of Use at any time, notification of which will be published on the Website. It is your responsibility to remain informed of any changes to these Terms of Use or other directions or rules. If you access the Website after changes have been published, you agree to be bound by all changes, whether or not you are aware of the changes.

The Terms of Use also govern goods and services advertised or promoted on the Website by any person or association affiliated with Playground Ideas. The identity of an Affiliate whose goods and services are advertised or promoted on the Website will be published on the Website.

3. Use of site

3.1 Build a Playground section

The ‘build a playground’ section may include safety guidance and general information related to the planning, design, construction, and use and maintenance of playground equipment. Such guidance is general in nature and is not exhaustive. It is not intended that safety guidance available on the Website will accurately or completely reflect all matters that may be relevant to playground safety or safety-related laws, regulations or standards generally or in your location. Playground Ideas accepts no responsibility for any loss, direct or indirect, attributable to reliance by Users upon the information found on the Website regarding playground equipment, community engagement, safety or regulatory compliance. Links to general playground safety guidance (basic safety manual) can be found here: http://www.playgroundideas.org/build-a-playground/design-manuals/Links to the world’s most common safety standards that may apply to your country can be found here: http://www.playgroundideas.org/global-safety-standards/.

3.2 Design section

• The intended use of the designs available on the Website is to provide ideas for the construction of playground equipment from local, low-cost and recycled materials. They may, or may not, be suitable for your purposes. Further, specialised knowledge may be required to construct safe playground equipment based on these designs, such as engineering knowledge to allow selection of appropriate strength materials for the purposes to which those materials are put, or playground layout expertise to avoid layouts that might cause risk of injury to users. The use of local and recycled materials carries inherent risks. Before using recycled materials in playground construction you should consider the source and properties of the materials (strength, contaminants, toxic chemicals, splintering risk, etc) and whether they are fit for use in a playground. Improper construction and use of playground equipment may cause death or injury.

• Although we have made every endeavour to make these designs as safe as possible, the designs and equipment made based on the Website do not conform to any standard, law or regulation and are a collection of designs from around the world. It is your responsibility to ensure that the playground equipment you construct complies with the relevant laws, regulations or standards in your location. See here: http://www.playgroundideas.org/global-safety-standards/. Playground Ideas accepts no responsibility for any loss, direct or indirect, that is incurred as a result of a User’s failure to comply with these laws, regulations or standards

• In locations where no standard applies please refer to our basic Safety Guidelines  (http://www.playgroundideas.org/build-a-playground/design-manuals/) which will lead you to the “US CPSC public playground safety handbook” and other high-quality resources that we suggest you use as your guide. Further information can be found in our 5-step manual. Playground Ideas provides this documentation as a reference only and does not endorse the content therein, and rather offers such information as a guide alone, and accepts no responsibility for any loss, direct or indirect, which is incurred as a result of a User’s reliance upon the information contained within the Safety Guidelines. The safety information does not include information on local building standards in terms of material type, strength or construction style. You must use local professionals and local building standards when selecting local materials and building styles to ensure your building is safe.

• By downloading documents from the Website you acknowledge and agree to the Terms of Use. Playground Ideas’ designs are general in nature and are intended to provide ideas for the construction of playground equipment from local and recycled materials. They may or may not be suitable for your purposes. The concept designs and associated information such as the safety and maintenance guides are intended to be comprehensible to people who have a basic level of knowledge and skill in construction of playground or similar equipment. If you have no such knowledge or skill you should seek expert and local advice before attempting to construct any equipment based on this design. Specialised knowledge of your local materials, tools and processes may be required to construct safe playground equipment based on this design—for example, engineering knowledge to allow selection of appropriate strength materials for the purposes to which those materials are put, or playground layout expertise to avoid layouts that might cause risk of injury to users would be beneficial.

• The use of recycled and local materials carries inherent risks. Before using these materials in playground construction you should consider the source and properties of the materials (strength, contaminants, toxic chemicals such as lead, splintering risk, etc) and whether they are fit for use in a playground. Improper construction and use of playground equipment may cause death or injury. Playground Ideas accepts no responsibility for any loss, direct or indirect, suffered as a result of a User utilising recycled and/or local materials in construction of playgrounds and playground equipment.

•The designs on the Website are provided for use under a Creative Commons Licence at no cost to Users other than a request for a donation.

• Unlike buildings, playgrounds undergo significant ‘wear and tear’ and therefore after construction they will need regular checks and maintenance to ensure they are safe and fit for purpose past the opening day into the future. It is your responsibility to ensure these checks are undertaken and Playground Ideas accepts no responsibility for ensuring such checks are undertaken.

3.2.1 Design library

•Users may submit designs to the library. Playground Ideas does not endorse these designs nor does it recommend them for your circumstance. Playground Ideas accepts no responsibility for reliance upon information uploaded to the Website by Users.

3.3 Projects section

• Playground Ideas offers, in good will, the ability for any User to start a playground Project on acceptance of these Terms and Conditions.

• Users that choose to start a Project agree to thoroughly research the general information noted on the Website and other websites to ensure that the playground is structurally sound, fits with local safety standards/guidelines and is designed in a way to achieve high play value for children and a good outcome for the community.

• Users agree and accept that maintenance of the playground is an essential facet in ensuring continued safety of the playground and agree to take responsibility for the provision of such maintenance at any playground built using information from the Website.  Information on maintenance is available here (http://playgroundideas.org/How-do-i-do-it).

• All Projects and Posted Materials uploaded to the Website must be in accordance with these Terms of Use.

• Users are able to start a Project Page to add their Projects information. The User understands that this Project is the sole responsibility of the organisation or person that started the Project and Playground Ideas takes no responsibility for the Project in any way.

• The Playground Ideas Platform is for the sole use of quality playground related Projects. Project Pages and information not related to this topic will be removed.

• Playground Ideas does not currently grant funds or receive funds for people outside the organisation to use for any Projects. This may change in the future and Playground Ideas reserves the right to offer this service in the future.

• Playground Ideas allows the solicitation of funds from Project Pages but reserves the right to overrule and cancel provision of funds whereby a Project is deemed unfit or inappropriate to receive these funds.

• Playground Ideas requires that all Users starting a playground Project engage the services of a Project Manager in order to facilitate the undertaking and completion of the Project. Under no circumstances will Playground Ideas act in this capacity for any Project.

• Playground Ideas offers general information regarding Projects. Nothing on the Website or in these Terms of Use indicates endorsement of or liability for the design and construction ideas contained thereon and no responsibility will be accepted for any loss, direct or indirect, that a User may experience as a result of utilising any information published on the Website.

3.4 Volunteers profile

• Playground Ideas does not screen or check for the suitability of persons who apply for Volunteer positions. Volunteers have no contract with nor are they linked to, employed or endorsed by Playground Ideas, and Playground Ideas takes no responsibility for the quality or reputation of any Volunteer. Playground Ideas accepts no liability for any loss, whether direct or indirect, caused by any Volunteer.

• Volunteers are required to inform the Project Manager or Organisation of their background and experience so the Project Manager may make an informed decision whether or not to engage the Volunteer and upon what terms.

• No person convicted of any crime of violence or abuse of any kind to children will be accepted for a Volunteer position.

• It is the Project Manager and organisations’ complete responsibility to screen and decide on the appropriateness of any Volunteer for their Project based on their policies and needs.

3.5 Directory section (Play Pages, Play Professionals)

• The directory section of the Website is offered in goodwill to any organisation, company or individual whose work is involved in children’s play related topics.

• All directory listings must be according to the Website’s Terms of Use and Playground Ideas reserves the right to block or remove content at its discretion.

3.5.1 Organisations

• Any registered non-profit organisation may start an organisation page to share information solely related to its playground work.

• Organisations using the Website for any other purpose will be removed from the Website.

3.5.2 Companies

• Companies can purchase a range of playground listings on the Website to advertise their company and support Playground Ideas.

• Company pages will be posted for one month at a time based on successful reception of the monthly subscription fee.

• Playground Ideas reserves the right to remove any company page for any reason it deems appropriate.

• Subscriptions are monthly and pro-rata refunds will not be given under any circumstances. The Project Page maybe be cancelled at any time but removal will only occur at the end of the subscription period.

3.5.3 Play Specialists

• Any Individual with information and experience to share on play related topics may start a play specialist profile.

4. Sharing of non-private information

By agreeing to these Terms of Use, Users understand that any information and Posted Materials  they publish are open to the public and may be used by Playground Ideas in newsletters, social media pages and other promotional material sent out to other Users and Users grant Playground Ideas licence to utilise such materials in good will.

4.1 Materials and Posted content

• Playground Ideas may accept content from you or third parties for publishing on the Website. Playground Ideas will have absolute control over whether content provided by you or any other person will be published and/or remain published on the Website.

• Playground Ideas assumes no responsibility regarding the accuracy of the Posted Materials or content, and use of such Posted Materials is at your own risk. In consideration for your agreement to the Terms and Conditions contained herein, Playground Ideas grants you a personal, non-exclusive, non-transferable license to access and use the Website. You may download our materials and posted content from the Website only for your own personal, non-commercial use in accordance with Playground Ideas’ mission and purpose. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. If you wish to undertake any of these activities you must contact the Website through the Website’s contact page and receive permission for such activities in writing. The burden of determining that use of any information, software or any other content on the Website is permissible rests with you as User of the Website. You further agree not to display or use any Playground Ideas or Posted Materials or other third-party content located on the Website in any publications, for any commercial purpose, in violation of any laws (including but not limited to intellectual property rights such as trademark, copyright, and rights of publicity and privacy laws), in a manner that misuses Playground Ideas or Posted Materials, or in any other manner that disparages or discredits Playground Ideas and/or its licensors, that dilutes the strength of Playground Ideas’ or its licensor’s property, or that otherwise infringes Playground Ideas’ or its licensor’s Intellectual Property Rights.

4.2 User code of conduct

• You understand that the Website includes comments and/or other communication tools designed to enable member-to-member or member-to-site interactivity for personal, recreational and informational purposes related to the mission and purpose of Playground Ideas. You agree to use the Website and its communication tools in a manner consistent with the mission and purpose of Playground Ideas and in accordance with all applicable laws. Your submission of posted content and your use of interactive features is subject to these Terms of Use and the following guidelines. Users found in violation of these Terms may have their access to the Website restricted by Playground Ideas.

• No illegal, infringing or abusive content or conduct. By using the Website, you understand and acknowledge that you are responsible for your posted materials and any other materials or information you submit to Playground Ideas or post on the Website. You agree not to post any content that is unlawful, harmful, tortious, defamatory, libellous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, or otherwise objectionable or inappropriate. You further agree that you will not otherwise engage in, or encourage others to engage in, illegal or abusive conduct or activities in conjunction with the use of the Website. You also agree not to submit false or harassing reports or complaints to Playground Ideas about other users.

• No violations of third-party rights. You agree that you will not post any content that contains Personal Information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organisation, including without limitation, the personnel of Playground Ideas, and will not access or attempt to access the account of a third party. You further agree that you will not misrepresent an affiliation with another person or organisation, nor will you post any content that contains slanderous or libellous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party. Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Website without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.

• No commercial, religious or partisan political use. Playground Ideas is a non-profit, tax-exempt organisation. You agree not to use the Website for organized partisan, religious or political activities. You understand that the Website is not a commercial site, and agree that you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale or gift, directing readers to a location for more information about a product or service, or any other form of commercial solicitation (unless required to do so in the Play Pages section of the Website).

• No confidentiality: The nature of the Website is interactive and public. By submitting posted materials or using any interactive features of the Website, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts or other materials you transmit to Playground Ideas may be used by Playground Ideas anywhere, any time and for any reason whatsoever.

• No viruses, corrupting files or interference. You agree that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website or features thereof.

• Playground Ideas does not routinely screen or monitor content posted by Users to the Website. However, Playground Ideas reserves the right to remove content that violates the above rules of which it becomes aware, but is under no obligation to do so. If you have questions/concerns about content you see posted in Playground Ideas forums, please contact us through the contact form on the Website. Playground Ideas is not liable for any damage or loss incurred as a result of Posted Information on the Website made under your name or with your User name and password.

• Take care when giving out Personal Information, such as your full name, e-mail address, street address, phone number or Playground Ideas account information in your profile or postings. Users should be aware that disclosure of such information raises safety concerns and may result in solicitations from third parties not authorised by Playground Ideas and other unwanted communications. Playground Ideas disclaims any responsibility or liability arising from your disclosure of such Personal Information, or any other information, in your profile or your postings. Any other Personal Information that has been provided to Playground Ideas as part of the registration process will be treated as confidential and will only be used for the purposes of Playground Ideas unless express consent has been given to otherwise utilise such Personal Information. Users should be aware that other Users are able to access email addresses to discuss Projects and the potential for volunteering and accordingly this information is not regarded as Personal Information for the purposes of the Website.

4.3 General prohibitions

You must not, whether intentionally or not:

• Use the Website, or any content on the Website, in a manner; or

• Make available through the Website any material,

which:

• encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;

• restricts or inhibits any other User from using or enjoying the Website;

• breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code; or

• breaches any applicable laws, regulations or standards for the construction or use of playground equipment.

4.4 Ownership of Posted Content and License Thereto

• After submitting Posted Materials, you continue to retain ownership rights in such Posted Materials, however, by submitting the Posted Materials to the Website, you agree to the following license terms as described below. You also agree that Playground Ideas may delete any Posted Materials that in the sole judgment of Playground Ideas violates these Terms, and Playground Ideas makes no representations or warranties that your Posted Materials will be included or available on the Website.

• Scope of License. By displaying, publishing, or otherwise submitting any Posted Materials on or through the Website, you hereby grant to Playground Ideas a limited, non-exclusive, sub-licensable, worldwide, fully-paid, perpetual, irrevocable, fully-assignable, royalty-free license to use, modify, publicly perform, publicly display, reproduce, adapt, publish, translate, edit, reformat, create derivative works from and distribute such Posted Materials, throughout the world for any purpose and in any media whether now or hereafter created. You are also granting to Playground Ideas.org the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorised use or reproduction of your Posted Materials, as well as the right to attribute your Posted Materials to you. Material on the Website is protected by a Creative Commons Licence.

• Representations. You represent and warrant that you own the Posted Materials displayed, published or posted by you on the Website and otherwise have the right to grant the license set forth herein, and the displaying, publishing or submission of your Posted Materials does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Posted Materials displayed, published or posted by you to the Website. Except for your Posted Materials, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any Posted Materials appearing on the Website.

• Cooperation in Event of Infringement Claim: You agree that, if a third party claims that your Posted Materials are unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although Playground Ideas does not monitor the content of the sites, Playground Ideas has the right to remove material from the Website, block access, or take other action in its sole discretion, although Playground Ideas is under no obligation to do so.

4.4 Links to Other Websites

• Playground Ideas may include hyperlinks to websites maintained or controlled by others. Playground Ideas is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites. In addition, participants in Playground Ideas Forums may include hyperlinks to websites maintained or controlled by others. Playground Ideas is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any products or services that may be offered at these websites.

5. Translation tool warning

The Website is designed to be read in English. The Google translation tool provided may help with basic translation and navigation of the Website but the information and resources may not be clear when translated into other languages, so caution is to be exercised when using this tool.

6. Commercial use

6.1 Content

• For the avoidance of doubt, the content of the Website and these Terms of Use must not be used for commercial purposes without the prior written consent of Playground Ideas.

6.2 Licence

• Content is protected under a Creative Commons Licence, details of which are provided at http://creativecommons.org/licenses/by-nc-nd/3.0/au/legalcode.

6.3 Commercial use by arrangement only

• If you wish to use Website content for commercial purposes, please use the contact form on the Website.

6.4 Marketing Material

• All marketing material to be used by companies must be signed off by Playground Ideas prior to use. Playground Ideas offers specific badges for different levels and sponsorship and this is the only way in which it is permitted to use the Playground Ideas logo, unless other arrangements have been made and agreed to in writing.

6.5 PayPal payments

• Playground Ideas accepts no responsibility for any loss, direct or indirect, suffered as a result of utilising PayPal to make payments to Playground Ideas.

7. Confidentiality

If you are required to provide a username and/or password in order to access or otherwise use any part of the Website, you must keep that username and password confidential and not disclose them to anyone other than Playground Ideas.

8. Warranties, Liability and Indemnity

Warranties:

Playground Ideas does not warrant that:

• playground equipment you construct based wholly or in part on the designs or other content on the Website will be safe, functional, suitable for your purposes or satisfy the applicable laws, regulations or standards in your location;

• by following the steps in the designs (with or without further specific expert advice) you will be able to construct playground equipment identical or similar to that pictured in the designs; or

• the content (designs, information, products or services provided directly or by reference) on the Website is accurate, suitable for your purposes or complies with the required laws, regulations or standards in your location.

Exclusion of implied warranties

To the maximum extent permitted by law, we exclude all conditions, representations, warranties or guarantees that otherwise would be implied in any transactions for the supply by us of information, products or services offered on the Website (including warranties of satisfactory quality, merchantability and fitness for purpose).

No advice given/no reliance to be placed on information

The designs and safety information on the Website are conceptual in nature and do not take into account your individual circumstances. The information on the site is indicative only and you should not rely on the information other than in an indicative way. The Website does not provide the information required to construct safe playground equipment. To construct safe playground equipment based on these designs, you may require expert advice from a person who has specialised knowledge, including, for example, knowledge of engineering, playground construction and who can assess appropriately your individual circumstances. It is your responsibility to obtain all needed information and expert assistance to properly construct safe playground equipment, whatever playground equipment you ultimately decide to construct—this includes constructing the equipment in a way that complies with all applicable laws, standards or other regulations in your location. Specifically, Playground Ideas accepts no responsibility and offers no advice regarding materials, building style and measurements. Any measurements offered as part of the designs available for inspiration on the Website are indicative only, not prescriptive, and any such measurements are intended to be used as a guide only.

Liability

Playground Ideas and each other person involved in the preparation of information available on the Website shall not be liable for any loss or damage suffered by any person however caused (including negligence or the omission of any person to do any thing), related in any way to the Website/information on the Website or arising in any way from the Website, directly or indirectly from use of the Website, or from use of, or by reliance on, the content on the Website.

Indemnity

By accessing the Website you agree to indemnify Playground Ideas against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal costs and fees on a full indemnity basis) incurred or suffered by Playground Ideas arising directly or indirectly from your use of the Website, or from your use or reliance on any of the content on the Website.

This indemnity extends to actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal costs and fees on a full indemnity basis) arising directly or indirectly from the use of, or reliance on the Website, or the content of the Website, by any other person who used, relied on, or obtained the content of the Website, whether or not that person used, relied on, or obtained the content of the Website by use of your account (with or without your knowledge) or from you directly or indirectly. This indemnity also extends to actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal costs and fees on a full indemnity basis) arising directly or indirectly from the use of playground equipment constructed in reliance on any of the content on the Website.

Co-operation with authorities

Playground Ideas reserves the right to co-operate fully with any law enforcement authority in any jurisdiction, in respect of a lawful direction or request by a law enforcement authority to disclose the identity, or any other information about, or provided by, any person using the Website.

Third party materials

Playground Ideas reserves the right to control the publication of any and all content on the Website. Reservation of this right does not mean that the content, views, opinions or other information expressed within it are endorsed by Playground Ideas. Playground Ideas accepts no responsibility for the content or operation of any third party links provided on the Website.

Rights we cannot exclude, limit or disclaim

The disclaimers, liability limitations and indemnities in these Terms of Use do not exclude or limit any rights which by law may not be excluded or limited. However, liability in those cases will not extend to liability for consequential loss (for example lost wages, profits, or costs).

Applicable Law

The Website is governed by the laws of Victoria and the Commonwealth of Australia as applicable.

The Website (excluding any linked, third party sites) is controlled by us from Australia.

Any disputes must be determined exclusively by the courts having jurisdiction in Victoria, Australia, in accordance with laws in force in Victoria or the Commonwealth, whichever is applicable under the circumstances. Use of the Website indicates irrevocable and unconditional agreement to submit to this jurisdiction.

Unenforceable Terms of Use

If any provision of the Terms of Use is found by a court to be invalid or unenforceable, this provision will be severable and such invalidity or non-enforceability will not affect the remaining Terms of Use.

Access to the Website from outside of Australia

It is the User’s responsibility to ensure that access to and use of the Website is in accordance with the laws applicable in the jurisdiction from which the Website is being accessed.

Your responsibilities under laws affecting you

You are responsible for ensuring that your use of the Website is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant internet industry codes of practice).

No offers where illegality arises

Nothing on the Website constitutes an offer to provide goods or services in any place if to do so would contravene the laws of that place.

9. Fee for Service

Playground Ideas may be engaged on a Fee for Service basis. For all instances where Fee for Service is applicable, a commercial contract must be entered into between the entity requiring the service and Playground Ideas and an initial deposit must be paid.

Where Playground Ideas is engaged on a Fee for Service basis, it is the responsibility of the engaging entity to appoint a Project Manager for the Project. Under no circumstances will Playground Ideas act in this capacity for any Project. Playgrounds Ideas will support Project Managers of organisations to the best of their ability.

10. Donations

Donations to Playground Ideas cannot be specific and Playground Ideas is not able to guarantee that any such donation will be directed to a specific Project or service although all attempts will be made to do so.

11. Miscellaneous

• All content provided on the Website is provided for information only. You agree to use the information only as is allowed by the Creative Commons Licence. Any contrary use will place you in breach of the Terms of Use and the licence and may result in your removal from the Website and potential legal action.

• These Terms of Use constitute a binding agreement between you and Playground Ideas and are deemed to be accepted by you upon your use of the Website. These Terms of Use constitute the entire agreement between you and Playground Ideas regarding the use of the Website.