The Application lets Child care centres upload and share a Child’s daily activities through online media. The Application also provides communication methods between those interested in a child’s learning.
The User accepts that the Website and Application may evolve and change over time. Kidsbook reserves the right at any time to adapt, suspend or discontinue, whether temporarily or permanently, the Application (or any part of it) with or without notice to Users. We will not be liable to you or to any third party for any modification, adaptation, suspension or discontinuance of the Application.
Disruption of Service
Kidsbook takes all reasonable steps to ensure that the Application will function as intended once an Account is created by Users. However, you acknowledge and agree that your access to the Application may be disrupted as a result of any malfunction, updating, maintenance or repair of the Application or for any other reason within or outside our control (such as availability of the internet).
Kidsbook shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the Application. We will try to promptly address (during normal business hours) all technical issues that arise in relation to the Application.
You agree that we may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Application and store and manage the Content.
You further agree that use of the Application is at your own risk and that we do not warrant that the Application will meet your specific requirements, or that use of the Application will be uninterrupted, timely, secure, or error-free.
Each User confirms that any information they provide to Kidsbook during registration is true, accurate and current, and that they will promptly notify Kidsbook of any change in such information.
Kidsbook grants Users the right to access and responsibly use the Application. This right is not exclusive, not transferable, and subject to the terms of this Agreement. Responsibility for, and control over, Content relating to a particular Child will always remain with the relevant Primary Account Holder for that Child. The User must only use the Application for the care and learning of children. The User must not use the Application for any illegal purpose or post any Content or other information or material that is illegal, defamatory, abusive, harmful, obscene, offensive, objectionable or racist. Further, Users must not use the Application or post any Content which breaches any person’s rights of privacy, contains viruses, or infringes any person’s Intellectual Property rights.
You will be responsible for any and all claims, losses, damages, costs and expenses arising out of your Content. In particular (and without limitation), you will be responsible for any claims that any of the Content is illegal or offensive.
You acknowledge that the nature of the Application and the Content is sensitive and personal to a Child and his/her Guardians. As such, you must keep your Account password confidential. The User is responsible for all actions taken by any person that has attained access to their Account and agrees to notify Kidsbook immediately of any unauthorised use of their Account or other breach of security. The User must not attempt to gain unauthorised access to any Content that they do not have permission to access. The User must not undermine the security or integrity of Kidsbook or any third party’s systems or networks.
Both Kidsbook and the User recognise that Content uploaded to the Application is likely to be regarded as sensitive, so it is important that Content is kept secure.
We will take reasonable precautions to keep Content secure and protect it from unauthorised access. You agree to keep your Account details secure and agree not to share your password with anyone else.
Rights of a Primary Account Holder
The Primary Account Holder has all rights over the Child’s Content and its management except as otherwise stated in this Agreement.
Any personal Information belongs to the User and it the case of children under 18, belongs to their legal guardians. This means that the Primary Account Holder may be requested to delete the Child’s personal information.
If you are a Guardian and you accept an invite from a Child care centre then you are agreeing that the Child care centre has the authority to decide who has access to the Child’s Content, as well as adding, editing and removing Content relating to your Child. If you do not wish to allow a Child care centre to have those rights, you should ask them to remove your Child from the Application.
Rights of a Child care centre
You must ensure that you exercise your ability to upload Content to the Application responsibly. This means that you must not add any Content which contains anything which might be regarded as offensive, demeaning, obscene, unlawful, defamatory, infringing privacy, or which is otherwise unsuitable or inappropriate given the nature of the Application and the fact that Content includes children.
We reserve the right to remove any Content which we deem to be unsuitable, and you must promptly remove any Content relating to a Child if asked to do so by the relevant Guardian.
User Information and Child Content
Kidsbook will treat personal information as confidential. Kidsbook will make every reasonable effort to keep Content confidential and secure.
The User must not share another User’s or any Child’s Content without that User’s explicit permission or, in the case of a Child, the explicit permission of that Child’s parent or guardian.
Kidsbook will not acquire any ownership interest in or to any personal Content created by Educators, parents guardians, experts or family members, and title over personal Content will always remain with the relevant Primary Account Holder.
You agree that Kidsbook owns the Website, the Application, and any other materials created or acquired by Kidsbook (including but not limited to images, photographs, animations, video, audio, text, code, functionality, the interface, User feedback and accompanying printed or marketing materials) that do not constitute Content.
Limitation of Liability
The total liability of Kidsbook for any loss arising from or in connection with this Agreement, or the use of the Application or Website, will not in any way exceed $100.
Termination by Kidsbook
Kidsbook may suspend or terminate a User’s Account at any time if Kidsbook deems the User has breached this Agreement. Upon termination Kidsbook may automatically remove all Content posted to that Account.