TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Please note that the information we provide should not replace the advice of your healthcare professional.

Please contact us for more details - admin@kiddo.edu.au


Terms of website use

These terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.kiddo.edu.au (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

All free trial and registered users must also agree to the User Agreement before accessing the website.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

 

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our User Agreement sets out our terms for granting the User access to use the site. Before signing up for a free trial or a subscription you must agree to this User Agreement
  • Our Acceptable Use Policy, at the bottom of this document, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

Information about us

www.kiddo.edu.au is a site operated by the University of Western Australia  ABN 37 882 817 280, 35 Stirling Highway, Perth, Western Australia, 6009 ("We").  

 

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

 

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

 

Accessing our site

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. 

 

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at admin@kiddo.edu.au

Participation in KIDDO activities and assessment

 It is your responsibility to assess the suitability of the Participant to participate in KIDDO for your own individual circumstances. We recommend that if you are in any doubt or in any way unsure, you should take professional advice from a qualified medical practitioner before a Participant participates in any activities.

You consent to the use of personal information relating to you and the minor or other Participants in accordance with the terms of our Privacy Policy and User Agreement.

For further information and an explanation on data security measures we take see our Privacy Policy.

Paid Accounts

This clause only applies if you have chosen an Account type that requires payment.

Your Subscription Period will be charged at the time of registration and at the beginning of each Renewal Period. 

We reserve the right to vary any aspect of the Subscription Period, including adding or removing a payment method by providing you with 30 days notice.

Where you notify us you do not wish to renew your subscription in accordance, the cancellation will take effect the day after the last day of the current Subscription Period unless at the time of your request, you request an immediate cancellation.

Renewal of the Subscription Period

This Agreement shall automatically renew for a Renewal Period unless you notify us of your intent not to renew within 30 days of the expiration of the current Subscription Period or Renewal Period. 

We may elect, at our sole discretion, not to renew the subscription. Where we elect not to renew your subscription we will notify you before the last day of the current Subscription Period or Renewal Period.

Default

If your payment option is declined, we reserve the right to suspend or limit access to the Services until such time as you have paid any amounts in arrears. 

Change in Pricing 

We reserve the right to vary the prices for access to the Services from time to time (New Price);

If you have a paid Account, we will provide you with 30 days notice of the New Price.  The New Price will only be applicable for periods for which you have not yet paid. The price will not be varied retrospectively.

If you do not have a paid Account, we may vary the price shown on the website at any time without notice to you. 

The New Price will be effective from your next payment date and deemed accepted by you, unless you cancel your paid Account before the end of the Subscription Period. 

Software

You agree that you will only use the software as they are designed to be used. 

Use of a software is at your risk and you agree that we are not liable for any damage suffered by you, either directly, or indirectly, as a result of your usage of any software.

We reserve the right to modify, change, amend, add or remove the software at any time without notice to you.  

Software not locally available

You acknowledge and agree that the software will only be accessible using the Internet (or other connection to our third party servers), and will not be available "locally" from your own servers. 

Parts of the software controlled by third parties

You acknowledge and agree that the software is hosted on servers owned and controlled by a third party. As such, you acknowledge that certain functions are out of our control, including cloud services for servers, data storage and backup.

We can change the software at our discretion

We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove items from, redesign, improve or otherwise alter the software at our sole and absolute discretion.

Unintentional inaccessibility

From time to time, without notice, access to all or part of the software may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access to the software as soon as practicable. However, we do not warrant or guarantee that the software will be uninterrupted or error free. To the extent permitted by law, you release and indemnify us from any Claim relating to you or any Participant being unable to access the software for any reason.

Intentional inaccessibility

We reserve the right to make some or all of the software inaccessible from time to time as is required for upgrades, maintenance and updates. We will use reasonable endeavours to provide you with advance notice of any inaccessible period, but you accept that this may not always be possible and we are not liable for any harm or damage you may suffer during an interruption.

Errors

You acknowledge and agree that there may be technical or administrative errors in the information about the software including but not limited to errors with respect to product description and pricing.

We reserve the right to, at our absolute discretion and without notice, change, correct or update the Website or Software to correct any error as contemplated in clause 6.10(a). 

Delivery of support and maintenance

We will provide you with support and maintenance in respect of the software via email only, as determined at our sole and absolute discretion.

Limitations and Acknowledgements

If you are an Organisation, you acknowledge, understand and agree that: 

  • we are merely the developers of the software, and do not monitor your Accounts, nor the accounts of Participants, for any issues;
  • where there are concerning statistics or indicators shown by the software, the duty is on you and your employees to ensure that any concerning statistics or indicators are acted upon;
  • while the software may provide valuable insights into the physical development of Participants, they should not be relied exclusively on to assess the physical development of any Participant;
  • you will ensure that any statistics or insights provided by the software are appropriately assessed and balanced with assistance, advice and insight from professionals qualified in the relevant field; and
  • you indemnify us fully from any Claim, damage or injury which results from your failure to act on any insights provided by the software, or pair those insights with advice from qualified professionals.

Warranties

We make no warranties or guarantees:

  • that the software are of acceptable quality and fitness for a particular purpose; or
  • make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

Limitation of Liability

Implied Conditions

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws of Western Australia.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We exclude all other liability for any costs, including Consequential Loss, suffered or incurred directly or indirectly by you in connection with this Agreement, including in connection with:

  • the software being inaccessible for any reason;
  • incorrect or corrupt data, lost data, or any inputs or outputs of the software;
  • computer virus, trojan, ransomware and other malware in connection with the software;
  • security vulnerabilities in the software or any breach of security that results in unauthorised access to, or corruption of data; 
  • your participation in any experiments, beta software or pilots;
  • any unauthorised activity in relation to the software;
  • your breach of this Agreement; 
  • any act or omission by you, your personnel or any related body corporate under or in relation to this Agreement;
  • any loss or injury to the Participant or any other person or property damage, however caused (including negligence) arising out of the Participant’s participation in the Activities; or
  • any loss or injury caused to another person by the Participant during their participation in the Activities.

Non-Excludable Condition

Where a Non-Excludable Condition is deemed to apply, to the fullest extent possible under the law, we limit our liability for any breach to:

  • in the case of goods: 
  • the re-supply of the goods or payment of the cost of the re-supply of the goods; or
  • the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
  • in the case of services:
  • the resupply of the services; or
  • the payment of the cost of having the services resupplied.

Termination

On cancellation of your Account:

this Agreement will come to an end (that is, it terminates); and

your access to the software will stop.

It is your responsibility to obtain your Data prior to terminating the Agreement.   

Giving effect to this document

Each party must do anything (including execute any document) and must ensure that it’s employees and agents do anything (including execute any document), that the other party may reasonably require to give full effect to this document.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may download a copy of, or extracts from, any page(s) from our site for your teaching, educational and classroom use, and you may draw the attention of others within your organisation to content posted on our site, provided that you do not modify the materials and that you acknowledge Kiddo and UWA as the owner and content creator the materials. 

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

 

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. 

 

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy, below. 

If you wish to make any use of content on our site other than that set out above, please contact admin@kiddo.edu.au

 

Third-party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. 

We have no control over the contents of those sites or resources.

 

Applicable law

These terms of use, its subject matter and its formation, are governed by the laws of Western Australia.  You and we both agree to submit to the non-exclusive jurisdiction of the courts of Western Australia. 

 

Contact us

To contact us, please email admin@kiddo.edu.au

Thank you for visiting our site.

ACCEPTABLE USE POLICY

This acceptable use policy sets out the terms between you and us under which you may access our website www.kiddo.edu.au (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
www.kiddo.edu.au is a site operated by the University of Western Australia  ABN 37 882 817 280, 35 Stirling Highway, Perth, Western Australia, 6009 ("We").  

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, please see our Content Standards section below 
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Website Use.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

  • Chat rooms.
  • Bulletin boards.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

 

Content standards

These content standards apply to any and all material which you may contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the Australia and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trademark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

 

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Website Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site.

  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.


Changes to the Acceptable Use Policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.