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WEBSITE TERMS OF USE

  1. Background
    1. The website located at www.thenannyexhibit.com (Website) is owned and operated by Sheffield-Babcock Productions Pty Ltd trading as The Nanny Exhibit (Sheffield-Babcock).
    2. By using this Website and in consideration of Sheffield-Babcock providing you with access to the Website, you agree that these Website Terms of Use govern your access to and use of the Website and you accept and agree to comply with them.
    3. If you do not agree to these Website Terms of Use, you must not use or access the Website.
    4. We reserve the right to amend these Website Terms of Use from time to time without giving specific notice to you. We will publish the amended Website Terms of Use on the Website.
    5. You should periodically review the Website Terms of Use and, if you do not agree with any of the changes, you must cease using or accessing the Website. By continuing to use the Website, you will be deemed to have accepted the changes to the Website Terms of Use.
    6. We may, from time to time and without notice:
      1. change, add to, or remove content or functionality of the Website; and
      2. cease, interrupt or withdraw access to the Website for any reason, including for upgrades and maintenance of the Website.
  2. Intellectual Property
    1. “The Nanny” and its related logos, are trade marks of Sony Pictures Entertainment or its related entities (Our Trade Marks).
    2. Trade marks used on this Website or in newsletters, offers or notifications to describe third parties and their products are trade marks of those third parties (Third Party Trade Marks).
    3. You must not, and must not authorise any third person to use, copy, reproduce or modify:
      1. Our Trade Marks for any purpose, other than with the prior written consent of Sony Pictures Entertainment; or
      2. the Third Party Trade Marks for any purpose, other than with the permission of the relevant third party or as permitted by law.
    4. Unless otherwise indicated, the intellectual property rights in the Website and all materials (including all text, data, graphics, logos, software and any other multimedia) made available via the Website (Website Content) are either owned by us, or licensed to us, and all rights in the Website Content are reserved.
    5. We grant you a limited right to access the Website and view the Website Content to the extent required for you to use the Website for your own personal use, subject to these Website Terms of Use. You must not otherwise copy, modify, adapt, publish, transmit, commercially exploit, reproduce or distribute any Website Content without the permission of the owner of that Website Content.  We reserve the right to review, edit, move or delete any Website Content from the Website at any time without notice.
    6. We reserve the right to aggregate and analyse data that we collect through the operation of the Website.  This may include data that is uploaded, transmitted, posted and otherwise generated by users of the Website in the course of using the Website and our services. With this data, we may:
      1. create datasets that may be used for any purpose (including commercial purposes such as licensing or selling the datasets to third parties). This may include without limitation using data analytics tools to produce data products for third parties such as reports, statistics and datasets for purposes including research and development, performance optimisation, system and data security, and the development of data products such as industry benchmarks, trends and indices. Such use will not directly identify you unless you provide your prior consent; and
      2. use the data to identify and offer you products and services (as well as products and services of our related bodies corporate and trusted third party partners) that we think you may be interested in, unless you have opted out from marketing.
  3. Links and Third Party Content
    1. The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites).
    2. Third Party Content and Third Party Websites are not under the control of Sheffield-Babcock.  Sheffield-Babcock does not endorse, approve or make any warranty or claim regarding Third Party Content (including User Content), Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.
    3. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
    4. We may receive fees or commissions from third parties for products or services displayed or made available on the Website or accessible through a link on the Websites, and we may pay fees or commissions for referrals made to us, and you acknowledge and consent to us receiving such fees or commissions.
  4. Your conduct and responsibilities
    1. You must not:
      1. use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
      2. frame or mirror any part of the Website without our written authorisation;
      3. use the Website in breach of any applicable laws or regulations; or
      4. interfere with, disrupt, or create an undue burden on the Website.
    2. Without limiting 3.1, you must not and must not permit a third party to:
      1. misuse the Website, or knowingly or negligently introduce viruses, trojans, worms, logic bombs or other material to the Website that is malicious or harmful;
      2. attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
      3. use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, scraping, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking any data or content on the Website;
      4. circumvent, disable or otherwise interfere with security-related features of the Website;
      5. use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems;
      6. create derivative works from any Website content, information, software, or services obtained from the Website, including to create products or services competitive with our products and services;
      7. reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Website or its contents or reproduce all or any portion of the said components; or
      8. do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.
    3. We may, at any time and at our discretion, investigate any reported or suspected breach of these Website Terms of Use (or other unauthorised or unlawful use of the Website) by you or any other user. Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of the Website, the quality of our goods and services and our reputation.
    4. You are responsible for your own internet connection, telecommunications and data costs when accessing and using the Website.
  5. User Content
    1. We may from time to time offer areas on our Website where you and other users can post, upload or otherwise submit comments, suggestions, feedback, ideas and other information or materials (User Content).
    2. By uploading or providing User Content, you represent and warrant that:
      1. you own or otherwise have all necessary rights in the User Content to provide it to us and for it to be used by us on the terms of these Website Terms of Use;
      2. the User Content is true and accurate, not misleading, and does not contain any unlawful, illegal, offensive, threatening, abusive, defamatory, sexually explicit, obscene, or infringing material;
      3. the User Content does not, and its use by Sheffield-Babcock in accordance with these Website Terms of Use will not, infringe the rights of any other person or entity, including intellectual property rights, moral rights and rights of confidentiality, privacy and publicity;
      4. if the User Content contains an image or personal information of another person, you have that person’s consent to upload and provide it; and
      5. the User Content complies with applicable laws.
    3. By sending, posting or uploading the User Content to us:
      1. you retain ownership of the intellectual property rights (if any) in the User Content;
      2. you grant us (and our successors) a worldwide, non-exclusive, transferable, royalty-free, perpetual and irrevocable right to use, copy, reproduce, modify, distribute, transmit, create derivative works of, publish and perform the User Content in any media and for any purpose (including commercial purposes), including to publish and communicate the User Content on the Website, and the right for us to sub-licence (through multiple tiers) the foregoing rights to third parties; and
      3. you consent to us, our successors and sub-licensees doing anything in relation to your User Content that, but for this clause, would otherwise infringe any moral rights you may have in the User Content under the Copyright Act 1968 (Cth) or similar rights in other jurisdictions.
    4. You acknowledge and agree that we have the right (but not the obligation) to edit, modify, remove or refuse to use or publish any User Content.  We take no responsibility and assume no liability for any User Content posted by you or any third party.
    5. Sheffield-Babcock also has the right to disclose your identity to any third party who is claiming that any User Content constitutes a violation of their intellectual property rights or of their right to privacy.
  6. Cookies
    1. The Website may use ‘cookies’ as part of its interaction with your internet browser.  Cookies enable us to provide you with a superior, customer-oriented service.  A ‘cookie’ is a small text file placed on your computer by our web server.  A cookie can later be retrieved by the Website’s servers.  Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser.  Cookies do not alter the operation of your computer or mobile device in any way.
    2. It is recommended that you accept cookies to make full use of the Website.  Cookies may also be used to record non-personalised information such as the date or the pages accessed, for the Website’s administration, statistical and maintenance purposes.  Any such information will be aggregated and not attributed to individual users.
    3. Most web browsers allow you to disable cookies on your computer.  If you disable cookies, you may be unable to use the Website to the fullest and optimum extent.
    4. We may use the cookies on the Website (as well as data collected through these cookies) for commercial purposes, including targeting and displaying advertising on our Website and on third party websites, social media platforms and advertising networks.  Please see our Privacy Policy for further information.
  7. Australian Consumer Law
    1. In this clause, “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation and the terms “Consumer” and “Consumer Guarantees” have the meaning given to them in the Australian Consumer Law.
    2. The Australian Consumer Law provides Consumers with a number of protections including the Consumer Guarantees that cannot be excluded, restricted or modified.  Nothing in these Website Terms of Use has the effect of excluding, restricting or modifying a consumer’s rights under the Australian Consumer Law or any other applicable statutory rights that cannot be excluded, restricted or modified.
  8. Disclaimers and limitation of liability
    1. [This clause 9 does not apply to products or services you purchase from Sheffield-Babcock, including those products and services you purchase via the Website. Our liability in relation to the provision of any such products and services is governed by the Sales & Exhibition Terms and Conditions (available at https://thenannyexhibit.com/exhibition-and-sale-terms-conditions/).
    2. To the maximum extent permitted by law (but subject to clauses 8 and 9.1), you agree that:
      1. where the Australian Consumer Law permits a supplier to limit its liability for a failure to comply with a Consumer Guarantee and we breach such Consumer Guarantee insofar as it relates to the Website/use of the Website, or if we otherwise breach the Website Terms of Use, we limit our liability for any such breach to:
        1. the supplying of the services again; or
        2. the payment of the cost of having the services supplied again; and
      2. the Website and the Website Content is provided “as is” and may not be accurate, complete or up-to-date; and
      3. by accessing the Website, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website.  With the exception of any Consumer Guarantees (or other rights or remedies that cannot be lawfully excluded by agreement of the parties) that might apply, we exclude:
        1. any term, condition or warranty that may otherwise be implied into these Website Terms of Use, including (but not limited to) any term, condition or warranty that:
          1. the Website or any of its functions will be uninterrupted or error free or that defects will be corrected; or
          2. the Website or any server that makes it available is free of errors, viruses or malicious code.
  9. Privacy
    1. By using the Website, you agree that we may collect, hold, use and disclose your personal information as described in these Website Terms of Use, as described in our Privacy Policy and any other privacy notices that we provide you during your use of the Website.
    2. When you use the Website, we collect personal information that you provide to us or generate through your use of the Website.  This personal information is used for:
      1. any specific purposes for which you provided it to us and related purposes;
      2. the general operation of the Website, so that you can access and use the functions and services of the Website, and so we can monitor how users utilise the Website;
      3. other purposes as otherwise notified to you; and
      4. if you provide your contact details, to contact and communicate with you, including via electronic messaging, in relation to your use of the Website or our products and services.
    3. If you don’t provide any of the information requested, we may not be able to provide all of the Website functionality or otherwise transact with you.
    4. We may disclose the personal information we collect from or about you to our related entities and to our or their service providers and suppliers who provide us with (or help us to provide) the Website and our products and services.
    5. If you choose to use certain features of the Website, your information may be shared with other users as part of these features (for example, direct messaging and public forums).  We ask that you carefully consider what information you choose to share and post on the public sections of the Website.
    6. Our Privacy Policy (available at: http://thenannyexhbit.com/privacy-policy) describes how Sheffield-Babcock collects, holds, uses and discloses personal information, whether we transfer personal information overseas, how you can seek to access or correct any personal information we hold about you, how to complain about a privacy breach and how we will deal with a privacy complaint.
  10. Jurisdiction
    1. These Website Terms of Use are governed by the laws of Victoria, Australia. If a dispute arises from these Terms, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
    2. We make no representations that the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

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THE NANNY EXHIBIT IS A POMERIVM PRODUCTION IN PARTNERSHIP WITH THARY ART&DESIGN & SONY PICTURES TELEVISION

COPYRIGHT © 2024 SHEFFIELD-BABCOCK PRODUCTIONS PTY LTD TRADING AS THE NANNY EXHIBIT. ALL RIGHTS RESERVED

The Nanny Exhibit acknowledges the Wurundjeri people as the traditional custodians of the land on which we reside. We acknowledge the elders past, present and emerging.