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Kangarootime End User Agreement

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:

    1. copyright;
    2. trade marks;
    3. Confidential Information; or
    4. license or other right or future right to use or to grant the use of any of the above or to be the registered proprietor or user of any of them;

    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

    1. You can accept the Terms by clicking to “accept” or “agree to the Terms,” where Kangarootime in the user interface makes this option available to you for any Service if this option is not made available to you, you understand and agree that Kangarootime will treat your use of the Services as acceptance of the Terms from that point onwards.
    2. This Agreement is entered into between Kangarootime, and the entity identified via the sign up form (“Customer”). Kangarootime and Customer are collectively referred to as the “Parties,” or when used individually, a “Party.”
    3. This Agreement shall be effective as of the date on which the Customer is authenticated to receive Services (“Effective Date”), and it supersedes any and all prior Agreement(s) between the Kangarootime and the Customer relating to the product.
    4. To use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

    You may not use the Services and may not accept the Terms if;

    1. you are not of legal age to form a binding contract with Kangarootime, or
    2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

    3. Provision of the Services by Kangarootime

    1. Kangarootime has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you;
    2. Kangarootime is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services, which Kangarootime provides, may change from time to time without prior notice to you.
    3. As part of this continuing innovation, you acknowledge and agree that Kangarootime may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Kangarootime sole discretion, without prior notice to you.
    4. You acknowledge and agree that if Kangarootime disables access to your account, you will be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
    5. Kangarootime is not liable for any telephone, internet or other costs that you may incur to connect to or use the Applications.

    4. Use Of The Services By You

    1. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Kangarootime will always be accurate, correct and up to date.
    2. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Australia or other relevant countries).
    3. 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 Kangarootime, unless you have been specifically allowed to do so in a separate agreement with Kangarootime. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
    4. 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).
    5. Unless you have been expressly permitted to do so in a separate agreement with Kangarootime, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
    6. You agree that you are solely responsible for (and that Kangarootime has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Kangarootime may suffer) of any such breach.

    5. Your Passwords and Account Security

    1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
    2. Accordingly, you agree that you will be solely accountable to Kangarootime for all activities that occur under your account.
    3. If you become aware of any unauthorised use of your password or of your account, you agree to notify Kangarootime immediately via help@kangarootime.com.au

    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

    1. Kangarootime gives you a personal, worldwide, royalty-free, and non-assignable and non-exclusive limited license, during the term of this Agreement, to use the software provided to you by Kangarootime, as part of the Services as provided to you by Kangarootime, referred to as the “Software”. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Kangarootime, in the manner permitted by the Terms. Kangarootime will be entitled to assign its rights and obligations under this Agreement without Your consent subject to procuring a deed under which the assignee covenants to be bound by the terms of this Agreement.
    2. 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 Kangarootime, in writing.
    3. Unless Kangarootime has given you explicit written permission to do so, you may not assign (or grant a sub-license 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.

    10. Proprietary Rights

    1. You acknowledge and agree that Kangarootime (or Kangarootime’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Kangarootime and that you shall not disclose such information without Kangarootime’s prior written consent.
    2. Unless you have agreed otherwise in writing with Kangarootime, nothing in the Terms gives you a right to use any of Kangarootime’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
    3. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services.
    4. Unless you have been expressly authorised to do so in writing by Kangarootime, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

    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:

    1. to endeavour to safeguard such of the other’s confidential information (of which it is in possession) no less carefully than it safeguards its own confidential information;
    2. that rights under this Terms and Conditions are not exclusive;
    3. that neither of us is liable for breach or other failure due to circumstances beyond its reasonable control; and
    4. neither of us will institute any proceedings against the other more than one year after either the cause of action arose, or the performance of Services (whichever is the earlier).

    d) Acceptable Use of Services In accepting the Services from us, you warrant that you will:

    1. only use the Services that you are legally entitled to use and that your use of the Services will not be a breach of copyright.
    2. you will not reproduce, distribute, transmit, publish, copy, transfer or commercial exploit any information accessed through or received from the Services that would be an infringement of any copyright, patent, trademark, design or other intellectual property right.
    3. not access, nor commit any other party to access, the Services for any purpose or activity of an illegal, fraudulent or defamatory nature.You acknowledge that we do not and cannot in any way supervise, edit or control the content and form of any information or data accessed through your use of the Services and we shall not be held responsible in any way for any content or information accessed through the Services.
    4. We disclaim all or any liability for any material on the Internet you find offensive, upsetting, defamatory, and personally offensive and in any way unsuitable for people under the age of 18.

    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

      1. The Kangarootime Services are made available on a pay-as-you-go basis. Subject to any contrary intention in the Terms and Conditions, you agree to pay our invoices by Direct Debit through our chosen Payment Gateway. Invoices will be made available to you (you will be notified by email). You are responsible for payment of all taxes, levies, and duties in addition to the Subscription Fee. There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. To treat everyone equally, no exceptions will be made. Expenses incurred by a Customer associated with the installation, implementation, termination and receipt of the Services shall be the responsibility of the Customer. Prices of all Services, including but not limited to monthly fees to the Service, are subject to change upon 30 days notice from Kangarootime Pty Ltd, given by email or posted on the Website or through the Kangarootime platform.
      2. Customers who do not provide Kangarootime all relevant details to enable Direct Debit payment of their monthly accounts will incur a Manual Handling Fee of $25.00 ex GST per month, per invoice.
      3. A late fee of $25.00 ex GST per month per invoice will be charged if payment is made past the invoice date.

      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:

        1. Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a consequence of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
        2. Any changes which Kangarootime may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
        3. 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;
        4. Your failure to provide Kangarootime with accurate account information;
        5. Your failure to keep your password or account details secure and confidential;
        6. The limitations on Kangarootime’s liability to you in above paragraph shall apply whether or not Kangarootime has been advised of or should have been aware of the possibility of any such losses arising.

        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.