ChildLink

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Child-Link Terms of Use

Child Link Pty Ltd, (“Child-Link”) is the owner, operator and licensor of the Application and Website as defined below. Your rights to use the Application and Website are set out in these Terms of Use.

Please also see Child-Link’s Privacy Policy for information on how Child-Link uses personal information.

The Service enables a Educational Facilitator to upload, record, and share a Student's learning through various media, such as images, videos and written observations.

1. Definitions

In these Terms of Use, the following terms have the following meanings:

“Account” means an Educational Facilitator Account facilitating the access to one or more Student Profiles, Guardian Profiles and Educator Profiles.

“Agreement” means these Terms of Use and the agreement that is formed between Child-Link and you to use the Website and/or Application, subject to these Terms of Use.

“Application” means the digital portfolio service provided by Child-Link, including that available on and through the Website.

“Authorised Viewer” means a person who is authorised by a Guardian to view and/or access a Students Profile.

“Content” means any content or materials including (but not limited to) still or moving images, videos, sound recordings or other audiovisual materials, artistic works, written works and personal information posted to the Application by a User.

“Educational Facilitator Account” means an account that an Educational Facilitator has with Child-Link, enabling it to use the Service.

“Educational Facilitator” means a service provider who provides educational facilities and who has registered to use the Application, typically being a childcare provider/educator/teacher/administrator or another professional care provider such as a nanny, au pair or babysitter who has registered to use the Application.

“Educator” means a person employed by the Educational Facilitator to facilitate the education of a Student.

“Educator Profile” means the profile, page(s) and other dedicated area(s) appearing on the Application pertaining to a given Educator on the Application.

“Fees” means any applicable fees that may be payable by the User.

“Guardian” means the person or persons legally responsible for a Student.

“Guardian Profile” means the profile, page(s) and other dedicated area(s) appearing on the Application pertaining to a given Guardian on the Application.

“Intellectual Property Rights” means any intellectual property rights in existence now or coming into existence in the future anywhere in the world and includes (but is not limited to) rights in respect of copyright, trade marks (whether registered or unregistered), inventions, patents, designs (whether registered or unregistered), confidential information and know how.

“Service” means the Application and the Website, collectively and separately and where the context permits includes any related services.

“Student” means a child or individual whose Student Profile exists within the Application and "Students" has a corresponding meaning.

“Student Content” means Content about, depicting or pertaining to a particular Student.

“Student Profile” means the profile, page(s) and other dedicated area(s) appearing on the Application pertaining to a given Student.

“User” or “you” means the person or organisation who uses the Application and/or the Website.

“Website” means the website at www.child-link.com.au, including parts or features of that website that can be used or accessed without requiring registration or logging into the Application.

2. Acceptance of Terms of Use

By using the Application or Website you are deemed to have accepted these Terms of Use, which shall form a binding agreement between you (as a user of the Website or Application) and Child-Link. Your registration is subject to these Terms of Use.

3. Licence

Child-Link grants you a non-exclusive, non-transferable licence to access and use the Website and Application for the period of this Agreement in accordance with these Terms of Use. Where you use the Service as an Educational Facilitator, you agree that your licence to use the Service is subject to your payment of the applicable Fees.

4. Changes

You accept that the Service may evolve and change over time. Child-Link reserves the right at any time to modify, adapt, suspend or discontinue, whether temporarily or permanently, the Service (or any part of it) with or without notice to you. To the extent permissible at law, Child-Link will not be liable to you or to any third party for any modification, adaptation, suspension or discontinuance of the Service.

5. Disruption of Service

Child-Link will take all reasonable steps to ensure that the Service functions as intended. However, you acknowledge that your access to the Service may be disrupted as a result of a malfunction, updating, maintenance or repair of the Service or for any other reason within or outside our control.

To the extent permissible at law, Child-Link 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 Service. Child-Link will use reasonable endeavours to promptly address (during normal business hours) technical issues that arise in relation to the Service.

You agree that use of the Service is at your own risk and that Child-Link does not warrant that the Service will meet your specific requirements, or that use of the Service will be uninterrupted, timely, secure, or error-free.

6. Conditions of use

6.1 In using the Service in any capacity you must:

  1. ensure that any information you provide in connection with your registration and general use of the Service is and will remain true, accurate and current, and that you will promptly notify Child-Link of any change in such information;

  2. not create or maintain a Student Profile without the permission of the Student’s Guardian;

  3. not permit a person who is not an Authorised Viewer to access the corresponding Student Profile;

  4. only use the Service, and any Student Content, for educational or developmental purposes associated with the respective Student and not for any other purpose including any other commercial purpose;

  5. not use the Service or any Content (including any Student Content) obtained from use of the Service for any illegal, immoral, indecent or inappropriate purpose;

  6. not post any Content or other information or material that is illegal, defamatory, abusive, demeaning, harmful, obscene, hurtful, offensive, objectionable or racist;

  7. not post or upload any Content or other information or material that contains any viruses, infringes any third party’s rights of privacy or Intellectual Property Rights;

  8. not attempt to gain access to any Content accessible through the Service pertaining to a Student for which you do not have permission from the corresponding Guardian;

  9. keep your Account details and password strictly confidential and not share your Service password with any other person;

  10. not do any act or omission to undermine the security or integrity of Child-Link's or any third party's systems or networks;

  11. not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Service;

  12. not rent, lease, loan, sell, sublicense, distribute, transmit or otherwise transfer the Service to any unauthorised third party, or permit use of the Service by any unauthorised third party;

  13. not make any copy of or otherwise reproduce the source code of the Service or any portion thereof, except for those copies necessarily made by the server that is running the Service or otherwise necessary for use of the Service in accordance with the Service Agreement;

  14. not attempt to obtain any materials, documents or information through any means not purposely made available through the Service;

  15. not attempt to gain unauthorised access to any portion or feature of the Service, or any other systems or networks connected to the Service;

  16. not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Child-Link's systems or networks, or any systems or networks connected to the Service; or

  17. not disclose any information in relation to the Service or the Agreement to any other vendor that may be in direct or indirect competition with Child-Link;

  18. ensure that any person who uses the Service on your behalf (including any employee or contractor of yours) or for whom you are responsible complies with these Terms of Use generally and the matters referred to in (a) to (q) above specifically.

6.2 You agree and acknowledge that (in addition to each person who has posted the Content in question or otherwise engaged in the acts or omissions), each Guardian will also be deemed primarily responsible for and liable for any Content that is posted that may contravene clause 6.1 and any other acts or omissions that occurs in connection with the corresponding Account and Student Profiles and each User releases Child-Link from any liability associated therewith.

6.3 Further, each Educational Facilitator will be responsible for and liable for the acts and omissions of its personnel in the event that any of their respective personnel post any Content in contravention of clause 6.1 and each User releases Child-Link from any liability associated therewith.

Child-Link reserves the right to remove from any Account, Student Profile, Guardian Profile or Educator Profile any Content which it deems to be unsuitable.

6.4 Age Limit

Users must be at least 18 years old, or have authorisation to access the Service by a parent or legal guardian. If you have authorised a minor to use the Service, you are responsible for their online conduct, and the consequences of any misuse.

6.5 Security

Child-Link will take all reasonable steps to ensure the security of the Service. Please see our privacy policy for more information about how we treat personal information.

You shall be liable for all action taken by any person that has obtained access to your Account (whether they have authorised such access or otherwise) and agree to notify Child-Link immediately of any unauthorised use of your Account or other breach of security.

7. Fees

You agree to pay any fees associated with your use of the Application.

You agree to pay all Fees using the payment methods described on the Website or as otherwise agreed between you and Child-Link. If you fail to pay the agreed Fee by the due date, Child-Link may suspend or cancel your Account. Fees are non-refundable and may be subject to change at any time.Child-Link will not be held liable for changing or refusing to refund the Fees.

8. Rights and obligations of an Educational Facilitator

In addition to the other rights and obligations applying to Users set out in these Terms of Use, without limiting the other rights and obligations applying to Users set out above, Educational Facilitators:

  1. are responsible for and liable in respect of obtaining consent from the actual or proposed Guardian for each Student in respect of whom you provide such Educational Facilitator services before creating a Student Profile for that Student or uploading that Student's Content to the Service.

  2. must also ensure that any Content they cause to be included in a Student Profile does not contain Content pertaining to any other identifiable Student unless they have consent to do so from a Guardian of the other Student.

  3. must comply with the Conditions of Use contained in clause 6, including, without limitation in respect of Educator Profiles;

  4. must promptly remove from any Student Profile any Content relating to a Student if asked to do so by the relevant Guardian; and

  5. In using the Service must comply with any cybersafety, privacy, and/or code of ethics or similar policies required by the organisation (unless inconsistent with these Terms of Use or the law);

9. Confidentiality and privacy

A Student Profile may contain information that is sensitive, personal and or confidential to a Student and their Authorised Viewers.

Child-Link will treat personal information as confidential and comply with the Privacy Act 1988 (Cth) and Child-Link’s Privacy Policy. It will not knowingly breach any privacy laws in other jurisdictions. You should ensure that you read our Privacy Policy.

Child-Link will make every reasonable effort to keep personal and confidential information confidential and secure. It will not disclose this information except:

  1. to Users who have been granted access to a Student Profile by the Guardian or an Educational Facilitator;

  2. to Child-Link's personnel and any service provider that Child-Link works with where necessary to operate the Service (any such persons must agree to equivalent obligations regarding confidentiality and privacy);

  3. where the information has been made anonymous or is aggregated into de-personalised information;

  4. if Child-Link or it's assets are purchased or acquired (provided that the purchaser / acquirer agrees to be bound by corresponding confidentiality and privacy terms);

  5. or if required or permitted by law.

Nevertheless, because internet transmissions cannot be guaranteed to be 100% secure in all aspects (including in relation to unauthorised use and disclosure of personal information), you acknowledge and agree that you use this service at your own risk, and you should only proceed to use the Application if you accept this condition.

You must not share another User's personal information without that User's explicit permission. You must not share a Student’s personal information without the permission of that Student's Guardian. You agree to the terms set out in Child-Link's Privacy Policy.

10. Third Party Websites and Advertising

10.1 The Service may feature or display hyperlinks and pointers to websites operated by third parties which do not form part of the Service and are not under Child-Link's control. Child-Link does not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave the Service entirely at your own risk.

10.2 The Service may also feature or display third party advertising. By featuring or displaying such advertising, Child-Link does not in any way represent that it recommends or endorses the relevant advertiser, its products or services.

11. Other Information

Some Users, such as those involved in piloting certain features, may have access to sensitive information, content or User feedback. Those Users agree not to disclose this information to third parties without Child-Links's prior written consent.

From time to time Child-Link may permit a User to make screenshots or screencasts of the Service for marketing or educational purposes with Child-Link's prior consent. Without limiting any other provision, these screenshots or screencasts must not include any Content relating to a Student or any User Data unless the User gives their prior written consent or, in the case of a Student, the explicit permission of that Student's Guardian.

12. Intellectual Property Rights

Child-Link does not acquire ownership of any Intellectual Property Rights in respect of any Content posted through the Service, including that created by Educators or other Users. Intellectual Property rights in such Content will always remain with the relevant creator or other copyright owner but are licensed on a non-exclusive basis to Child-Link for the purposes only of providing the Service to Users.

You agree that Child-Link owns all Intellectual Property Rights associated with the Service and any other materials created by or on behalf of Child-Link (including but not limited to images, photographs, animations, video, audio, text, software code, functionality, the interface, User feedback and accompanying printed or marketing materials).

For the avoidance of doubt Child-Link does not own Intellectual Property Rights in any Student Content.

By using the Service, you confirm that any Content you post to the Service will not infringe any other person's Intellectual Property Rights or any law. Child-Link will not access or remove your Content unless you provide permission, or if Child-Link suspects you have breached this Agreement or otherwise in accordance with this Agreement.

13. Indemnity

You agree to indemnify, and keep indemnified, Child-Link, its affiliated companies and its respective directors, officers, employees, agents, representatives, contractors, licensees and successors against any and all liabilities, costs (including legal fees), claims, demands or damages incurred or suffered from the use of the Service, including (without limitation) as a result of any:

  1. breach of this Agreement;

  2. Content posted by you or on your behalf through or at the Service; or

  3. violation of any rights of a third party, by you or any person using your Account or username and password (whether with or without your permission).

14. Limitation of liability

In no event or circumstances shall Child-Link be liable to any person, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business, whether caused by any User, Child-Link, its employees, agents or any other persons acting on its behalf. To the extent permissible at law the total liability of Child-Link for any loss arising from or in connection with this Agreement, or the use of the Service, will not in any circumstances exceed $50 AUD.

15. Cancellation by you

An Educational Facilitator may request the deletion of one or more Student Profiles within your Account at any time. You may also cancel your Account and terminate this Agreement at any time by following the prompts within the Service. Termination does not entitle you to any refund of any payments made by you to Child-Link unless required by law. It is your responsibility to remove all Content posted to your Account before deletion or cancellation. This information may not be recovered by you once an Account is cancelled.

16. Termination by Child-Link

Child-Link may suspend or terminate your Account at any time if Child-Link reasonably suspects you have breached this Agreement. Upon termination Child-Link may automatically remove all Content posted to that Account.

17. Back up of Content

You agree that a copy of any Content may be maintained by any User with access to that Content, notwithstanding such cancellation or termination.

18. Use of subcontractors etc.

You agree that Child-Link may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service and store and manage the Content.

19. Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws applicable in the State of New South Wales and the parties submit to the jurisdiction of the Courts of New South Wales or any matter arising under or relating to this Agreement.

20. Assignment

Child-Link may transfer, assign or sub-license its obligations under this Agreement and its rights and obligations without consent.

21. Validity

Nothing in this Agreement shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance.

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that this Agreement shall otherwise remain in full effect.

22. Amendments to this Agreement

This Agreement may be amended or replaced from time to time, with or without prior notice to Users, by posting an updated Agreement on the Website. Any updated Agreement becomes effective as soon as it is posted. If any updated Agreement constitutes a material change to this Agreement, Child-Link will endeavour to post an announcement on the Website. Your continued use of the Service and/or Website following any amendment constitutes your acceptance of any updated Agreement. If you do not agree to any updated Agreement you must cease use of the Service and cancel your account.