Version 1.3 – Last Update 12/11/2024
Thanks for using our products and services (“Services”). The Services are provided by Kangarootime Australia Pty Ltd. By using our Services, you agree to these terms. Please read the terms carefully. Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Acceptance legally binds you, your third part contractors and all of your employees to the conditions of the license. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
1. Definitions and Interpretation
Unless the context otherwise requires:
Kangarootime means Kangarootime Australia Pty Ltd
Bank means commercial partners being Commonwealth Bank, ANZ, Westpac, St George, Bank SA and National Australia Bank.
Business Day means any day other than a Saturday, Sunday or public holiday in Brisbane, Queensland.
Customer means each user of the Software.
GST means the tax payable on taxable supplies as defined by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related legislation.
Intellectual Property Rights means all intellectual property rights in relation to the Software, including (without limitation) any:
Program means the Kangarootime Software, the child care management system.
Services means the systems, information technology, works, project, tasks, and assistance we provide to you as specified in the Terms and Conditions;
Software means the “Kangarootime” software licensed to the Business.
Documentation
The Terms and Conditions extend to any documentation accompanying the Program (“Documentation”). Any Documentation may not be copied, modified or used in any way not contemplated or expressly authorised by this Terms and Conditions. Words importing the singular include the plural. References to persons include references to bodies corporate and unincorporated bodies.
2. Services
Accepting the Terms
You may not use the Services and may not accept the Terms if;
3. Provision of the Services by Kangarootime
4. Use Of The Services By You
5. Your Passwords and Account Security
6. Privacy and your Personal Information
For information about Kangarootime’s data protection practices, please click the link to read Kangarootime’s Privacy Policy , this policy explains how Kangarootime treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with Kangarootime’s Privacy Policies.
7. Software Updates
The Software, which you use, may automatically download and install updates from time to time from Kangarootime. 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 Kangarootime to deliver these to you) as part of your use of the Services. Kangarootime shall use reasonable endeavours to ensure that the Services and the Client Content are available to Licensed Users via the Internet on a 24 hour, 7 day a week basis. Kangarootime shall attempt to respond to unplanned outages within 2 (two) hours during Business Hours and within 5 (five) hours from notification outside Business Hours.
8. Cancellation and Termination
When you sign up for the Kangarootime Service you will be billed from the day you access the software, unless a free trial has been provided. If you decide not to continue, you may terminate these Terms by providing 30 days’ notice and sending an email to help@kangarootime.com.au and completing an exit form. If you are on a month-to-month contract you will be billed for the notice period, if you are on a fixed term contract, eg: Annual agreement, you will be billed the remainder of the contract. Data may be offered in an archive state in Kangarootime giving access to the approved user for a one-off payment of $400 ex GST and will be made available if all outstanding subscription fees have been paid. Contact help@kangarootime.com.au for more information.
9. License from Kangarootime
10. Proprietary Rights
11. Mutual Responsibilities
a) Our Warranties
We warrant that we will carry out all Services in a workmanlike manner and in accordance with the descriptions in the Terms and Conditions.
b) Your Responsibilities
You agree that, unless the Terms and Conditions require otherwise:
i. you will obtain, procure and give any access, facilities, information, cooperation, permits, authorities, notices and licences (whether or not required by law) which we determine are reasonably needed to carry out this Terms and Conditions;
ii. in respect of any particular, you will not make any claim against us for breach of our warranties stated above later than two weeks after we have supplied the relevant Services to you; and
iii. you will not assign or sublicense your rights or obligations under this Terms and Conditions without our consent. We will not unreasonably withhold such consent.
iv. your equipment must be compatible with, and not interfere with, our service, and must comply with all applicable laws, rules, and regulations.
c) Mutual Commitments
Each of us agrees:
d) Acceptable Use of Services In accepting the Services from us, you warrant that you will:
12. Advertisers and Third Parties
Third Party services and products either linked to this website; and/or advertised on this website are the responsibility of the third party and their inclusion on this website does not imply endorsement by Kangarootime Pty Ltd. Kangarootime Pty Ltd is not responsible for the content of Third Party websites or advertisements and does not make any representations regarding the content or accuracy of materials on such Third Party websites or advertisements. Kangarootime Pty Ltd will not be liable for any damages or loss arising in any way out of or in connection with any information or third party service provided.
13. Fees and Charges
14. Taxes
You agree to pay any taxes and duties levied by any authority on, or in connection with, this Terms and Conditions (other than income taxes payable by us). This includes payment of the amount of GST according to the following principles: where we are liable (whether directly or via a GST group of which we are a member) to pay GST on any amount received from you relating to this Terms and Conditions, you shall, following receipt of a tax invoice from us, at the same time reimburse us the amount of GST. Terms used in the last sentence have the meanings defined in the GST Law as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 or any Act substituted for, validating or otherwise replacing that Act.
15. Limitations of Terms and Liability
Subject to overall provision in this agreement, you expressly understand and agree that Kangarootime, Kangarootime its subsidiaries and affiliates, and its licensors shall not be liable to you for: Any direct, indirect, incidental, special consequential or exemplary damages, which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; As a result of:
16. Statutory Liability
Nothing in this Terms and Conditions purports to exclude, restrict or modify any condition, warranty, right or remedy which we must, by any applicable law, observe in your favor, and which we cannot, by contract, exclude, restrict or modify. To the extent such applicable law permits us to limit our liability in respect of such condition, warranty, right or remedy, we do so, including, in the case of Services supplied pursuant to this Terms and Conditions, the payment of the cost of having the Services performed again.
17. Indemnity
You agree that you are solely liable for the use you make of the results of our Services. You agree to indemnify us from any loss, cost, expense, demand or liability we suffer because of any claim which would not have been made against us had we not entered into this Terms and Conditions (other than to the extent our breach of this Terms and Conditions or negligence contributed to the claim).
18. Force Majeure
Neither Party shall be liable to the other Party (other than Customer’s obligation to pay Fees for Services already provided under this Agreement to Customer) for any default, delay or hindrance in the performance of any of its obligations under this Agreement to the extent such default, delay or hindrance is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, riots, terrorism, revolutions in any country, strikes or labour difficulties or any other similar cause beyond its reasonable control (each a “Force Majeure Event”). In the event of a Force Majeure Event, the parties shall be excused from further performance of the obligation(s) for as long as such Force Majeure Event prevails and the parties continue to use commercially reasonable efforts to recommence performance to the extent possible. If either party is so prevented, hindered or delayed in its performance, the nonperforming party shall immediately notify the other party.
19. Changes/Variations
Kangarootime may vary the terms of these Terms and Conditions at any time by giving it to you in person, sending it to you by mail or to your email address, making the information available on our websites.
20. Governing law
The laws of the state of Queensland govern this Terms and Conditions and you and we submit to the nonexclusive jurisdiction of the courts of that state.
21. Disputes
Before resorting to litigation to resolve any dispute between us, we agree to allow a period of 14 days to elapse and, within that 14-day period, to hold good faith negotiations with a view to endeavouring to resolve that dispute.
22. Warranty
The Customer acknowledges that the Program cannot be guaranteed to be error-free, and further acknowledges that the existence of any such errors will not constitute a breach of this Terms and Conditions The Customer agrees that except as expressly provided to the contrary in this Terms and Conditions, Kangarootime shall not be liable for any loss of profits, loss of goodwill or special, indirect or consequential damages for circumstances relevant to this Terms and Conditions, including for breach of this Terms and Conditions, for any supply of a defective Program or for negligence on matters connected with this Terms and Conditions. The Customer acknowledges that it has exercised its independent judgment in acquiring the Services and has not relied on any representation made by Kangarootime not been stated expressly in this Terms and Conditions, or upon any descriptions or illustrations or specifications contained in any document, including catalogues or publicity material produced by Kangarootime.
23. Copyright
The Customer acknowledges that the Program and Documentation is the subject of copyright. The Customer will not, during or any time after the expiry or termination of this Terms and Conditions do or permit any act to be done which infringes the copyright in the Program and/or Documentation and, without limiting the generality of its obligations, the Customer will not copy the Program except as otherwise expressly authorised or acknowledged by this Terms and Conditions. The Customer will fully indemnify Kangarootime against all liabilities, costs and expenses that Kangarootime may incur to a third party as a result of the Customer’s breach of the copyright provisions of this Terms and Conditions.
24. Waiver
Failure or omission by a party to enforce at any time any of the provisions of this Terms and Conditions will not be construed or deemed to be a waiver of that party’s rights under this Terms and Conditions.
25. Relationship of Parties
In furnishing Services to Customer hereunder, Kangarootime is acting as an independent contractor, and Kangarootime has the sole right and obligation to supervise, manage, contract, subcontract, direct, procure, perform or cause to be performed, all work to be carried out by Kangarootime under this Agreement. Neither party is an agent for the other and has no authority to represent or bind the other party as to any matters, except as expressly authorised in this Agreement.
26. Entire Agreement; Amendment; Severability
This Agreement, including any Attachments attached hereto (if any), sets forth the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, representations, warranties, promises, covenants, commitments or undertaking, whether written or oral, except as herein contained. No change, waiver, or discharge hereof shall be valid unless in writing and signed by an authorised representative of the Party. If any term or provision of this Agreement is found to be invalid or unenforceable, it shall not affect the validity and enforceability of the other terms or provisions of this Agreement.
27. Survival
The provisions of Clauses 5, 6, 10, 11, 15, 20, 21, 22, 23, 24 shall survive termination or expiration of this Agreement.
28. Waiver of Default; Cumulative Remedies
A delay or omission by either Party hereto to exercise any right or power under this Agreement shall not be construed to be a waiver thereof. A waiver by either of the Parties of any of the covenants to be performed by the other or any breach shall not be construed to be a waiver of any succeeding breach or of any other covenant. All remedies provided for in this Agreement shall be cumulative and in addition to (and not in lieu of) any other remedies available to either Party at law, in equity or otherwise.