Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this web site, you explicitly agree to comply with and be bound by the following terms and conditions, which Minti may change at any time. Please review these terms and conditions periodically for changes.

General

This site (the "Site") is owned and operated by Minti.com Pty Ltd. ACN 116 541 818 ("Minti") for your personal entertainment, information, education, and communication. Your use of this Site, and all information, products, reward systems, and services on this Site (collectively, the "Services") are subject to the binding legal terms set forth below ("Terms"). You understand that Minti may modify, alter, or otherwise update these Terms from time to time without giving you any notice. Minti reserves the right to vary the specifications, rates, rewards, rules and conditions of any element of the Services at any time without notice. Any new features or updated Services that we put on the Site will be subject to these Terms. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES FOR ANY PURPOSE.

Privacy

Any information that we may collect from you during your use of the Site or otherwise is subject to our Privacy Policy. For the full text of our Privacy Policy, please click here

The site does not provide medical advice.

The contents of the Minti Site, such as text, graphics, images, information obtained from Minti's licensors, and other material contained on the Minti Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Minti Site! If you think you may have a medical emergency, call your doctor or 911 (if in the US) or 000 (if in Australia) immediately. Minti does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Minti, Minti employees, others appearing on the Site at the invitation of Minti, or other visitors to the Site is solely at your own risk. The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

Protecting Children.

Because the safety of children is very important to us, Minti complies with the Children's Online Privacy Protection Act. To ensure that we do not collect personally identifying information from children under the age of 13, Minti does not allow persons under the age of 13 to become members.

Joining Minti - creating an account:

When you sign up to Minti you create a membership "account" for the purposes of these Terms of Service.

You may only have ONE account on Minti:

This means that joining on behalf of someone else, or logging in to someone else's account on their behalf is not allowed, even if that person is a real person, even if that person is part of your family, and even if you have their permission to use their account.

If you do login on behalf of someone else, both your own account and their account may be cancelled and both of you will lose all of your reward points.

Do not allow anyone else to login to your account. Do not login to any account other than your own. Each person can only have one account

Conditions of Membership

Minti reserves the right to terminate the membership of individuals who violate the following conditions of membership:

An individual may only apply for one membership.
Each email address can only belong to one member.
A maximum limit of 3 memberships per postal address applies.
The member must not send unsolicited email ('SPAM') to strangers to promote Minti.
An individual must not join nor use the Service on behalf of another individual.
The member must inform Minti of any change in the member's personal email address. This can be done through the Member Menu �Settings� page on the Minti Web site.

Minti also reserves the right to terminate the membership of any individual without cause or reason.

Advertising in our Email Newletters

By joining as a member of Minti, the member consents to Minti sending to the member commercial advertising material via email.

The Minti Website and the email newletters sent by Minti may contain third party advertisements which may contain embedded hyperlinks to Web sites operated by third parties or their licensees or contractors. All third party advertising is paid for by the relevant third party advertisers and is not a recommendation or endorsement by Minti. The member is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will contain representations or offers by the third party advertiser which the member can accept by linking to the advertiser's web site and executing the relevant transaction. The member acknowledges that such offers are not made by Minti, and the third party advertiser is solely responsible to the member for the delivery of any goods or services purchased from the third party.

Earning Minti Moolah and Payments to Members

Minti members may earn "Minti Moolah" by participation on the Minti Website or by responding to specific offers by Minti. Minti Moolah may only become available in your account after 14 days, pending balances are shown in your account area. Minti members may also purchase Minti Moolah via PayPal.

Minti Moolah may be redeemed for cash through PayPal only. Minti is not liable for payments to the member where the member has not accumulated at least US$10 value in Minti Moolah at the published US$ to Minti Moolah exchange rate. Further to this, the reward of currency, cheques, goods and/or services to the member is solely at the discretion of Minti. The Minti Moolah system may be withdrawn at any time without notice or liability to members.

Whilst Minti endeavours to keep the Minti Website error free, if Minti Moolah are credited to a member due to a human or computer error, Minti reserves the right to adjust or reverse such a transaction without notice.

If a membership account is cancelled, the cancellation is final and the membership cannot be re-activated. Upon cancellation, the member will forfeit their Minti Moolah and all outstanding payments and rewards.

Earning Minti Moolah from Referrals

Minti Moolah will be awarded where the member (the 'referrer') refers a new member (the 'referred') to join Minti, and the referred member earns 500 Minti Moolah. Minti reserves the right to debit those Minti Moolah amounts from the referrer's account where the referred account is cancelled within three (3) months. Where a fraudulent referral is discovered, Minti reserves the right to cancel either or both the referrer or referred account and/or debit the appropriate Minti Moolah amount from the referrer's account.

Minti Moolah Balance

The provision of Minti Moolah is not a financial services facility. It is not an authorised bank covered by the regulations of the Australian Prudential Regulation Authority (APRA). A maximum total of Minti Moolah of 100,000 applies for all members.

Purchases by Members

Where a chargeback of sale is received by Minti for a credit card transaction (for purchase of Minti Moolah, products or services), Minti may impose a penalty of up to double the relevant bank fees it is charged against the members Minti Moolah balance.

Your Postings to this Site.

The Minti site is dedicated to allowing parents to write an article providing advice on a new or a given topic, or to respond to such topics. If you post anything, you guarantee to us that:

You have legal rights to post your material and it will not violate any law or the rights of any person; and
All information and materials of any kind, including graphics, text, or otherwise posted by someone on the Minti Site ("Member Content") are subject to the following terms:

By posting Member Content you give us the royalty-free, irrevocable, perpetual, worldwide right to: allow other people to use the Member Content as described in these Terms; and to use, distribute, display, and create derivative works from this Member Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you;
You understand that we are not responsible for the truth, completeness, objectivity, or usefulness of any Member Content, nor do we endorse any Member Content;
We do not verify the identity of people using our Site, and you assume the risk of believing any Member Content you read;
We do not screen, monitor, edit, or review Member Content. We do have the right to monitor or remove any Member Content at any time and without notice if we believe it will improve our Site. We can also suspend or terminate use of the Services by anyone who does not follow these Terms.

You should also be aware that any message posted to our Site will become public and any personal information you post in an article will be accessible to any visitors to the Minti Site.

Usage of Web Space Storage:

Minti provides members with free web space for their parenting advice. Free Web Space, as defined by Minti, is comprised of hypertext mark-up language (html) and associated files, intended solely for the visual presentation of PARENTING RELATED CONTENT on the members' parenting advice pages. The spirit of free web space is specifically not intended as a storage facility for members' personal digital files. Using it as such is a violation of this Terms of Service Agreement. Also please note that pictures are only saved for the purposes of display on Minti not for storage or other purposes. Members cannot assume that Minti will preserve the quality or resolution of any picture uploaded to Minti.

Conduct of Members and Visitors.

We believe that all members and visitors benefit from basic rules regarding conduct while using the Services. Accordingly, we ask you-and you agree-to follow the following basic rules of conduct when using the Site:

You will follow these Terms and all applicable laws;
You will not harass, threaten, or abuse other people when using the Site in any manner;
You will not post or otherwise make available any Member Content that is obscene or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is harmful, vulgar, or distasteful; or is defamatory, libellous, or invades another person's privacy or proprietary rights;
You will not harvest any screen names or email addresses for any commercial use;
You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact, or harass another user;
You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Minti; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
You will not use the Services to harm children or minors in any way, or encourage inappropriate interactions with children or minors of any kind;
You will not manipulate the Services so as to hide your identity or participation in the Services on the Site (by using another person's identity, changing headers, or otherwise modifying any other possible identifiers);
You will not post any Member Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Services we provide, users' ability to enjoy the Services, or the proper functioning of any software, hardware, or equipment or materials used in connection with the Services;
You will not send any bulk unsolicited advertising, promotional information, email or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services;
You will not post or otherwise make available any Member Content you do not have the lawful right to post or to make available; and
You will not violate any international or US federal or state law.

If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice.

Indemnity.

You understand that you are personally responsible for your behaviour while on the Site and agree to indemnify and hold Minti and its affiliates and their officers, directors, employees, and agents harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these Terms or the rights of any third party.

Ownership and copyright

Except as otherwise indicated, this web site, and all text, images, marks, logos and other content contained herein ("Site Content") is © 2006-2008, Minti.com Pty Ltd, all rights reserved. Minti, the logo and all other marks displayed on this site (the "Trademarks") are registered and/or common law trademarks of Minti.com Pty Ltd and/or various third parties. Nothing contained on this site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the prior written permission of Minti or such other party that may own the Trademarks.

Use of this web site

Minti authorizes you to view, download and print Site Content subject to the following conditions: (i) you may only do so for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays or printouts of Site Content must be marked "(c) 2006-2008, Minti. All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Site Content by Minti; (v) you may not reproduce, prepare derivative works from, distribute or display Site Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, republication, posting or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of Minti. To request permission, you may contact Minti as using the Minti Contact Us page:

You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Minti against any liability to any person arising out of your use of Site Content not in accordance with these terms and conditions.

Warranty disclaimer and limitation of liability

Minti makes no representation of any kind regarding the suitability of the site content, or any portion thereof, for any purpose. All site content is provided "as is" and Minti expressly disclaims any and all warranties of merchantability or fitness for particular use, including all implied warranties. Minti also expressly disclaims any warranty or representation as to the accuracy or proprietary character of the site content.

You waive and covenant not to assert any claims or allegations of any nature whatsoever arising from or relating to your use of the web site, including, without limitation, all claims and allegations relating to the alleged infringement of proprietary rights, the alleged inaccuracy of site content, or allegations that Minti has or should indemnify, defend or hold you harmless from any claim or allegation arising from your use or other exploitation of the site.

You use the Minti site at your own risk and neither Minti nor the parties who provide information and material for publication within the site content shall not be liable for any damages of any sort arising from your use of the site. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

The member releases Minti and its officers, employees, agents, subsidiaries and affiliates from any claim for loss, damage or liability, including special indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data, in respect of:

Any Minti related emails forwarded to the member;
Membership of the Minti Website;
The members use of or inability to use the Minti Website;
The quality of Minti Moolahgoods and/or services purchased by the member.

Links to other sites

The Minti site contains links to third-party web sites. The linked sites are not under the control of Minti, and Minti is not responsible for the contents of any linked site. Minti provides these links as a convenience, and a link does not imply endorsement of, sponsorship of or affiliation with the linked site by Minti. Linked sites are owned and operated by independent retailers or service providers, and therefore, Minti cannot ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

Use of chat rooms, bulletin boards and other communications forums

The Minti web site may contain and allow its users to post articles on parenting, as well as general postings of messages in chat rooms, bulletin boards or other forums. If Minti provides such services, you expressly agree to use such services only to send messages and material that are appropriate and that are related to the topic of the particular forum. Minti does not edit or control the information or materials posted to or distributed through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such information or materials and claims no proprietary rights of any kind arising from the posting or distribution of information or material in such forums. Minti nevertheless reserves the right for any reason in its sole discretion to remove without notice any contents of any such forum. By posting or distributing information or material through such forums, you expressly abandon any proprietary rights you may have in such information or material, and such information or material may be freely used, copied and distributed, in any medium and in any form, by Minti without your permission. You agree not to post or distribute any information or material that is copyrighted by any third party without the express written consent of such party, and you agree to indemnify and hold harmless Minti from any claim arising out of or relating to your violation of this provision.

Digital Millennium Copyright Act compliance

Minti complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). If you have any complaints or objections to material posted on this site, or if you believe that material posted on this site infringes a copyright that you hold, you may contact Minti through the Minti Contact Us page.

Applicable law and jurisdiction

The Minti web site (excluding links to third-party sites) is controlled by Minti, and operated by Minti from its offices in and around Mosman Park, Western Australia, Australia. While Minti has made no effort to publish the Minti site elsewhere, because this site is published on the World Wide Web it is accessible in all States and Territories in Australia, all 50 states of the United States and in other countries. Each of these places has laws that may differ from those of Western Australia and from each other. You and Minti both benefit from establishing a predictable legal environment in which to publish, access and use this site. Therefore, by publishing, accessing and/or using the Minti web site, you and Minti explicitly agree that all disputes, claims or other matters arising from or relating to your use of this site will be governed by the laws of the Commonwealth of Australia, without regard to its conflicts of law principles. You agree that all claims you may have against Minti arising from or relating to the operation or use of this web site will be heard and resolved in a court of competent subject matter jurisdiction located in Western Australia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access this web site from locations other than Western Australia, you will be responsible for compliance with all local laws of such other jurisdiction.

Modifications

Minti may change, add or delete these Terms and Conditions of Use or any portion thereof from time to time in its sole discretion. Minti will provide you with reasonable notice of any changes. Thereafter, you expressly agree to be bound by any such amended Terms and Conditions of Use.

Minti may change, suspend or discontinue any aspect of the Minti service at any time, including availability of any feature, database or content. Minti may also impose limits on certain features and services or restrict your access to all or parts of the Minti web site without notice or liability.

Access Restrictions; Termination.

We can terminate your access to the Site or the Services at any time, immediately and without notice if, in Minti's sole discretion, you fail to comply with any of the Terms. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the Terms or otherwise. In the event of termination, you are no longer authorized to access the Site, and the restrictions imposed on you with respect to any materials downloaded from the Site and the disclaimers and limitations of liabilities set forth in the Terms shall survive. We may also remove any Member Content that you post without cause and without notice to you.

We can also change these Terms at any time, without notice, and your continued use of the Services after any change we make will mean that you agreed with the changes. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.

Your continued use of Minti now, or following the posting of any such notice of any changes will indicate acceptance by you of such modifications.