Preliminary
1. These terms and conditions apply to and form part of any agreement between Kindybook and you for the supply of Kindybook’s services as described on the Kindybook’s website (‘Services’).
2. The area you are about to enter is restricted to registered users only. Under no circumstances are your ‘username’ and/or ‘password’ to be shared with, or issued to any third party organisation without the written consent of Kindybook.
3. By registering for the Services and accessing the web pages which require a user name and password for parents (‘Parent Area’) or the web pages which require a user name and password for teachers (‘Staff Area’) of the Kindybook website, you acknowledge that you have read and understood these terms and conditions and the privacy policy (at the link below) and you agree to be bound by them.
Privacy Policy
4. Kindybook may vary these terms and conditions at any time without notice to you. The variations shall apply from the date the varied terms and conditions are posted on the Kindybook’s website.
Registration
5. To register for the Services, you must:
– be at least 18 years of age;
– a registered educator or parent of a child whose subject matter forms parts of the content on the Staff Area or Parent Area or a government child support professional; and
– consent to our collection, use and disclosure of your child’s or student’s personal information as set out in our privacy consent form (online).
6. If you register for the Services, you become a “member”.
Your passwords and account security
7. To access the Parents Area or Staff Area of the Kindybook website, members must use the username and password specifically assigned to them by Kindybook.
8. It is a condition of provision, supply and use of this password that members:
Do not communicate their password to any other person or organisation in any form or by any means;
9. Do not convey or allow any other person or organisation to view the Parents Area or Staff Area information in any form or by any means; and
10. Do not grant access to, make available, publish, transmit or distribute or otherwise make available any information or materials contained in the Parents Area or Staff Area of this website to any other person or organisation.
11. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
12. Accordingly, you agree that you will be solely responsible to Kindybook for all activities that occur under your account.
13. If you become aware of any unauthorized use of your password or of your account, you agree to notify Kindybook immediately at:
– admin@Kindybook.com.au
14. Kindybook may issue members with a new user name and password from time to time.
Provision of Services
15. As part of this continuing innovation, you acknowledge and agree that Kindybook may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Kindybook’s sole discretion, without prior notice to you.
16. You acknowledge and agree that if Kindybook disables access to your account in accordance with paragraph 44(b) of these terms and conditions, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
Use of the Services by you
17. You agree to use the Services only for purposes that are permitted by these terms and conditions and any applicable laws and regulations of Australia.
18. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Kindybook, unless you have been specifically allowed to do so in a separate agreement with Kindybook.
19. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
20. Unless you have been specifically permitted to do so in a separate agreement with Kindybook, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
21. You agree that you are solely responsible for (and that Kindybook has no responsibility to you or to any third party for) any breach of your obligations under these terms and conditions and for the consequences (including any loss or damage which Kindybook may suffer) of any such breach.
Additional Services
22. Kindybook may offer new or additional services from time to time.
23. Your use of those new services may be subject to different terms and conditions to these. Provided the terms and conditions governing the new services are notified to you, your breach of a material provision of those terms and conditions will amount to a breach of these terms and conditions as well.
Website Content
24. It is the member’s responsibility to ensure that the contents of the website comply with any applicable laws.
25. The use of any information or materials on this website by members is entirely at their own risk.
26. The member agrees to indemnify Kindybook against any loss or damage it suffers as a direct or indirect result of the website content being in breach of any applicable laws or otherwise as a result of a breach of these terms and conditions.
27. Kindybook reserves the right to remove or edit the contents of the website should it wish to do so.
Content licence from you
28. Kindybook gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Kindybook as part of the Services as provided to you by Kindybook (“Software”). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Kindybook, in the manner permitted by these terms and conditions.
29. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Kindybook, in writing.
30. Unless Kindybook has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
31. You retain copyright and any other rights you already hold in content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Kindybook a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Kindybook to display, distribute and promote the Services.
32. You agree that this licence includes a right for Kindybook to make such content available to other companies, organisations or individuals with whom Kindybook has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services.
33. You understand that Kindybook, in performing the required technical steps to provide the Services to our users, may:
– transmit or distribute your content over various public networks and in various media; and
– make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Kindybook to take these actions.
– You confirm and warrant to Kindybook that you have all the rights, power and authority necessary to grant the above licence.
Software updates
34. The Software which you use may automatically download and install updates from time to time from Kindybook. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Kindybook to deliver these to you) as part of your use of the Services.
Warranties
35. You warrant that, when registering for the Services and at any time Kindybook requests information from you, you will provide accurate and complete information.
36. You warrant that you will not do, or permit or allow any person to use the registration number allocated to you by Kindybook to do, anything that will bring Kindybook or the Services into disrepute.
Intellectual Property
37. You acknowledge and agree that the statutory and other proprietary rights in respect of patents, designs, copyright, trade marks, trade secrets, processes, formulae, systems, drawings, data, specifications, documents, and other like rights relating to the Services or displayed or referred to on the Kindybook’s website are owned by Kindybook or in some cases third parties.
38. You must not reproduce, copy, transmit, adapt, publish or communicate or otherwise exercise the intellectual property rights in the whole or any part of the material contained on the Kindybook’s website except with the prior written consent of Kindybook.
Disclaimer
39. Your use of the Services in entirely at your own risk.
40. Kindybook makes no representation or warranty about the accuracy or suitability of the Services or about the information or links provided on its website. Kindybook and its officers, employees and agents accept no responsibility for any loss or damage however caused (including through negligence) that you may suffer directly or indirectly from or in connection with the Services or the Kindybook’s website or your use of the Services or the website.
41. To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is excluded or, to the extent that liability cannot be excluded by law, liability is limited to the amount of the daily usage fee per child per school day or such lesser amount as is possible under the law.
42. You acknowledge that Kindybook is not and cannot be responsible for the behaviour of members. In particular you acknowledge that Kindybook does not screen or monitor members and has no way of ensuring that the information contributed by members is accurate.
43. You also acknowledge that Kindybook is not and cannot be responsible any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
– any changes which Kindybook may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
– the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
– your failure to provide Kindybook with accurate account information; or
– your failure to keep your password or account details secure and confidential.
44. If any of these terms and conditions (or part of them) is held to be invalid or unenforceable, these terms and conditions will remain in full force, apart from the term or condition or part of it that is held to be invalid or unenforceable which will be deleted to the minimum extent necessary for these terms and conditions to be valid and enforceable.
Default
45. If you breach these terms and conditions, Kindybook may:
– refuse to supply the Services to you;
– suspend or terminate your access to the Services or parts of it; and
– take whatever action it considers appropriate to recover any direct, indirect or consequential loss, damage or expenses that Kindybook has incurred or suffered as a result of your breach.
Termination
46. You may terminate the Services at any time.
47. Kindybook may terminate the Services if you are in default of any of these terms and conditions.
Notices
48. You can contact us as set out on our contact us page
49. We can contact you at any of your postal or home address, your facsimile or telephone number and your email address as advised to us by you when you register as a member or at any other address advised in writing to us by you.
50. All notices given under this document must be in writing and may be delivered in person or by mail or sent by facsimile or electronic transmission to the address for service notified by the receiving party to the sending party.
51. A party may change its particulars for service by notice in writing to the other parties.
52. A notice sent by post will be deemed received three days after posting.
53. A notice sent by facsimile transmission will be deemed received on the date stated on the facsimile transmission report produced by the machine sending the facsimile.
54. A notice sent by electronic transmission will be deemed received in accordance with the provisions of section 14 of the Electronic Transactions Act 1999 (Cth).
General
55. These terms and conditions are governed by the laws in force in Queensland, Australia. By registering for the Services you agree to submit to the non-exclusive jurisdiction of the Courts of Queensland.
56. These terms and conditions constitute the entire agreement between you and Kindybook. Any prior arrangements, agreements, representations or undertakings are superseded
57. Any failure by Kindybook to enforce any of these terms and conditions or any forbearance, delay or indulgence granted by Kindybook to you shall not be construed as a waiver of Kindybook’s rights under these terms and conditions.
58. Kindybook may assign or subcontract these terms and conditions and any of its rights and obligations under these terms and conditions to a third party. You may not assign your rights or obligations under these terms and conditions except with the prior written consent of Kindybook.
59. You can contact Kindybook at:
1 Tallebudgera Creek Road, Burleigh heads, Qld 4220.
60. Kindybook can contact you at any of your postal or home address, your facsimile number and your email address as advised to Kindybook by you when you register for the Services or at any other address advised in writing to Kindybook by you.
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