KindyNow - Terms of Service and Use

 

1. Introduction

Welcome to KindyNow.

KindyNow Pty Ltd (KindyNow) provides services via use of the KindyNow mobile application (App) to allow childcare centres (Childcare Centres) and parents or guardians of children (Parents) enrolled at Childcare Centres to communicate with one another regarding bookings, vacancies and other communications.

By accessing, using or posting material on the App, you confirm that you have read, understand, accept and agree to be bound by an agreement between you and KindyNow on the terms and conditions set out in these Terms of Service and Use.

 

2. Changes to the Terms of Service and Use

We reserve the right to modify or terminate the KindyNow service for any reason, and without notice. We also reserve the right to modify these Terms of Service and Use from time to time without notice. You are required to review these Terms of Service and Use regularly, so that you will be made aware of any changes. Your continued use of the KindyNow service after any such changes constitutes your acceptance of such changes.

If you do not accept the Terms of Service and Use or any subsequent changes to the Terms of Service and Use then you must not use or continue to use the KindyNow service.

 

3. Eligibility and Registration

In order to use the KindyNow service you must have completed the App registration. You will be responsible for all activities occurring under your username and for keeping your verification code secure. We may refuse to grant you registration if a username impersonates someone else.

The App is a free service for Parents. Users of KindyNow must be 18 years of age or older.

 

4. Appropriate Conduct and Content for Use and Risks

You must not use the KindyNow service or App for any illegal or unauthorised purpose, as determined by us in our sole discretion. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the KindyNow service will violate or infringe upon the rights of any third party, including copyright, trade mark, privacy, publicity, or other personal or proprietary rights, or contain libellous, defamatory or otherwise unlawful material or material that is or may be damaging to another party.

Users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from Australia.

You are solely responsible for your conduct and any data, text, information, photos, links and other content (Materials) that you submit, post, and display on the KindyNow service or the App. You may not post, transmit to or share with other users any Materials that you did not create or that you do not have permission to post. You are solely responsible for the security processes and password protection of the electronic devices you utilise to use the App.

We do not pre-screen or approve KindyNow profiles or other Materials which might be submitted, posted or displayed. We are not responsible for the content of any Material posted on the KindyNow services or App. You may be liable to a third party as a result of any Material posted on the KindyNow services or App.

You should be careful before providing any personal information to another user of KindyNow, Childcare Centres or posting such information online.

In the event we are advised of Inappropriate Material (as defined below) posted on KindyNow we retain the right to, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, offensive, objectionable or otherwise unauthorised, as determined by us in our sole discretion, or which infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service and Use (Inappropriate Material), as determined by us in our sole discretion.

If you believe that Inappropriate Material has been posted on KindyNow, please notify KindyNow by email to help@kindynow.com.

If Material is posted by you that we determine, in our sole discretion, may be considered to be objectionable, unauthorised or Inappropriate Material, then we may remove that Inappropriate Material without your consent and with or without notice to you.

KindyNow prohibits such conduct and content on its site or App and may restrict or terminate your registration of KindyNow if you are found to have undertaken such conduct or posted Inappropriate Material.

However, you understand and agree that you may be exposed to such conduct and content and that you use the KindyNow service at your own risk.

 

5. KindyNow's Proprietary Rights

By submitting, posting or displaying any Materials on or through the KindyNow service or App, you automatically grant to us (and those we work with and related companies and entities of KindyNow including but not limited to KN Enrol Pty Ltd) a worldwide, non-exclusive, royalty-free, right to use, host, store, reproduce, modify, create derivative works, publicly display, re-display and distribute such content and Materials in other formats not simply limited to websites or Apps.

Except as expressly authorised by KindyNow, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of KindyNow's proprietary information which includes all postings, photos and other Materials on the KindyNow website or App.

 

6. Privacy Policy and Use of Personal Information

We care about the privacy of people who use KindyNow. Our collection and use of personal information is governed by the KindyNow Privacy Policy. Click here to review the Privacy Policy http://kindynow.com/privacy/.

KindyNow may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of KindyNow, its affiliates or the public.

In agreeing to the Terms of Service and Use you expressly authorise KindyNow, at KindyNow’s sole discretion and subject to any law, to sell, assign, licence or otherwise transfer your personal information and any other information which you have provided to KindyNow as part of your registration including to the Childcare Centre.

 

7. Comparative Information

As part of the services KindyNow provides we may pool the information Parents and Childcare Centres provide to KindyNow (Comparative Information) and use that information in a de-identifying manner which complies with the Australia privacy laws.

The Comparative Information will be general information about the operations of users of KindyNow's services, including from the App. The Comparative information KindyNow gathers and which KindyNow may publish will not refer to, or be identifiable to, any particular user of KindyNow's services.

Parent’s grant a non-exclusive, royalty-free license to KindyNow to use the Comparative Information for any such other purposes as KindyNow deems necessary provided use of the Comparative Information conforms with Australia privacy laws and all other applicable laws.

 

8. Disclaimer of Warranties

You are aware that the information contained on the KindyNow service and App:

  • is presented as a summary and is not to be considered complete;
  • is provided subject to the disclaimer and limitation of liability contained in these Terms of Service and Use; and
  • is subject to information provided by third party’s including Childcare Centres.

The Competition and Consumer Act 2010 (Cth) (CCA) implies some consumer guarantees into agreements for the supply of goods and services to consumers. The terms and conditions of KindyNow do not exclude, restrict or modify consumer guarantees implied by the CCA, however, KindyNow does not give any guarantee or warrantee relating to the supply of goods or services other than that required by the CCA.

KindyNow does not exclude any such rights and remedies, but do exclude all other conditions and warranties specified or implied by custom, law or statute.

To the maximum extent permitted by law, KindyNow disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the KindyNow service. To the maximum extent permitted by law, KindyNow disclaims any and all responsibility and liability for the conduct of any KindyNow member.

You acknowledge and represent that KindyNow has no control over users of the KindyNow services or App, and is under no circumstances liable for the behaviour, opinions or conduct of such users, including to the provision or posting of any information, materials or advice, on the KindyNow App or provided directly to users, by any means, or for any statements which are or may be, defamatory or otherwise offensive.

You are aware that your use of the KindyNow service is entirely at your own risk.

 

9. Hold Harmless and Indemnity

You must hold harmless and indemnify KindyNow from and against any third party claim arising from or in any way related to your use of the KindyNow service, including any liability or expense arising from all claims, losses, damages (actual and consequential), legal proceedings, judgments, litigation costs and lawyers' fees, of every kind and nature.

 

10. Limitation of Liability

If goods or services are supplied to you by KindyNow, and these goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then under section 64A of the CCA, liability for failure to comply with a consumer guarantee will be limited as follows:

  • in relation to goods, the replacement or supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or acquiring equivalent goods, the payment of having the goods repaired; or
  • in relation to services, the supplying of services again or the payment of the cost of having the services supplied again.

Subject to the above, KindyNow excludes its liability to the fullest extent permitted by law.

 

11. External Links

Access to any website that may be reached via the hyperlinks on the KindyNow website or App is subject to any notices, including copyright notices, which may appear through the linked site.

Accessing a site via KindyNow does not expressly or impliedly constitute any guarantee, undertaking or warranty on the part of KindyNow as to the accuracy, completeness, copyright status, security or currency of information contained on that site. You acknowledge and represent that you accept that you will not hold KindyNow liable for any loss, costs damages or other expenses incurred as a result of such access and the use of any information contained on a site accessed via KindyNow.

 

12. Termination of Registration

We may terminate your KindyNow registration immediately at any time, for any reason, or for no reason and entirely at our sole discretion.

We may also terminate or restrict your KindyNow registration if notified by the Childcare Centre you are no longer using their services or your conduct and the content you post on the App is in breach of the requirements set out in section 4 of these Terms and Services and Use.

If your registration is terminated, you will have no right to use the KindyNow service. However, our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your registration.

 

13. Copyright Information

All information, text, material, graphics, images, software and advertisements on this web site or App are copyright to KindyNow unless indicated otherwise. The materials are protected by Australian and international copyright and trade mark laws.

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute, reverse engineer or otherwise deal with in any way, the material on the KindyNow website or App except as may be expressly provided for in these Terms of Service and Use. Your copyright ownership is limited to the content you upload, which may include audio or visual or other copyright material. The copyright of any posted materials remains with the owner of the posted materials. Ownership of copyright does not change hands.

You may, subject to specific restrictions set out in these Terms of Service and Use, download material from KindyNow services or the App solely for your personal, non-commercial use. In doing so you must not change or delete any proprietary notices from any material downloaded from the site.

 

14. Security Policies, Fraud and Viruses

KindyNow takes security seriously and specific steps we take to ensure your security include:

Our IT servers are carefully managed by third party IT service suppliers who understand security. We regularly check all code and systems for vulnerabilities.

You should always be aware of the potential for fraud and theft on the internet.

We use email and SMS to communicate with you. Email and SMS may appear to be from a KindyNow email address or phone number but this can be forged. If you are ever in doubt, please contact us at the following email address: help@kindynow.com.

Our IT service suppliers maintain anti-virus and security systems to ensure that we do not send viruses by email. However, you may receive virus emails that pretend to be from us (or indeed from anyone you know). Therefore, never open an email or click on any attachment unless (a) you are expecting it and from the legitimate content of the email know what it is; and (b) the attachment is of a 'safe' type of such as .pdf.

 

15. Notices

KindyNow may provide you with notices regarding the KindyNow service or these Terms of Service and Use by regular mail, email, or postings to the KindyNow website or App.

 

16. Miscellaneous

These Terms of Service and Use will be governed by, and construed in accordance with, the laws of the State of Victoria, Australia. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the State of Victoria, Australia.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service and Use to be unenforceable, the remainder of the Terms of Service and Use will continue in full force and effect.

You must not assign these Terms of Service and Use or assign any rights or delegate any obligations under these Terms of Service and Use, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Without limiting the foregoing, under no circumstances may you hold KindyNow liable for any delay or failure in performance of the KindyNow service or App.

These Terms of Service and Use constitute the entire agreement between you and KindyNow and you expressly represent that you do not rely on any prior or contemporaneous understanding, representation or agreement.

Any waiver of any provision of the Terms of Service and Use by a party will be effective only if in writing and signed by a party.

 

Version: June 2017