Terms of Use - 06 May 2024
1. About childcare.tools
1.1 childcare.tools aims to extend our mission to use advanced and innovative AI solutions to help early childhood educators to reach their highest educational potential (Product). This Product offers membership subscription, which grants you (also referred to as the “Client” or “user”) the access to and the use of the content on the Product (Subscription).
1.2. The Product is operated by Kazacos AI Pty Ltd ABN 83 670 470 354 (“Kazacos AI”, “our”, “we” or “us”). Access to and use of the Product, or its associated Subscription is provided by Kazacos AI. Please read these terms and conditions (Terms) carefully. By signing up, logging in, continuing to use, paying for your Subscription, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Product, and its Subscription, immediately.
1.3 We reserve the right, in our sole discretion, to change these Terms at any time, and will publish a revised version of these Terms on this page. Any changes to the Terms take immediate effect from the date of their publication. You are responsible for regularly reviewing these Terms. Continued access to and use of childcare.tools following any such change means you accept and will abide by the changes.
2. Acceptance of the Terms
You accept the Terms by using or subscribing to the Product. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by in the user interface.
3. Subscription fees and Payment
(a) Unless you are offered a free trial or a coupon code, you must pay fees to us in the amounts and at the times specified in the pricing section of our website for your Subscription, or as otherwise agreed in writing (Subscription Fees).
(b) Subscription Fees are non-refundable for change of mind.
(c) Unless otherwise agreed in writing, the Subscription Fees are due and payable on a monthly basis in arrears for the duration of the Subscription Period, with the first payment being due after the first month of your Subscription. Where a free trial or a coupon code is offered, the Subscription Fees are due and payable monthly starting from the end of the free trial or upon the expiry of the coupon code.
(d) Your Subscription will continue to renew on a monthly basis indefinitely, and you must pay Subscription Fees in respect of each monthly period, unless you notify us before the end of the current month that you want to cancel your Subscription. Otherwise, we will continue to debit the Subscription Fees from your account each month. We will not pay any charge back amount if you fail to cancel your Subscription in accordance with this clause. By choosing a recurring payment plan, you acknowledge that your Subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Subscription. We may submit periodic charges for the Subscription Fees without further authorisation from you until you provide prior written notice (a receipt of which is confirmed by us) that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorisation or change your payment method, please contact us via our website.
(e) Unless otherwise indicated, the Fees do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.
(f) We accept payments made via cards, Google Pay, Apple Pay and Link only. We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit, or charge card (including Visa, MasterCard, or American Express, China UnionPay and JCB).
(g) We reserve the right, from time to time, to change the Subscription Fees. We will notify you in advance if we do this.
4. User Obligations
(a) You must comply with these Terms at all times. You acknowledge and agree that we will have no liability in respect of any damage, loss, or expense which arises in connection with your, your Personnel’s, or any User’s, breach of these Terms, and you indemnify us in respect of any such damage, loss or expense.
(b) You must not, and must not encourage or permit any User, Personnel, or any third party to, without our prior written approval:
(i) upload sensitive information or commercial secrets using the Software;
(ii) upload any inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic, or racist material using the Software;
(iii) upload any material that is owned or copyrighted by a third party;
(iv) make copies of the Documentation or the Software;
(v) adapt, modify, or tamper in any way with the Software;
(vi) remove or alter any copyright, trade mark, or other notice on or forming part of the Software or Documentation;
(vii) create derivative works from or translate the Software or Documentation;
(viii) publish or otherwise communicate the Software or Documentation to the public, including by making it available online or sharing it with third parties;
(ix) sell, loan, transfer, sub-licence, hire or otherwise dispose of the Software or Documentation to any third party;
(x) decompile or reverse engineer the Software or any part of it, or otherwise attempt to derive its source code;
(xi) attempt to circumvent any technological protection mechanism or other security feature of the Software; or
(xii) permit any use of the Solution in addition to the Number of Solution Uses.
(c) If you become aware of misuse of your Subscription by any person, any errors in the material on your Subscription, or any difficulty in accessing or using your Subscription, please contact us immediately using the contact details or form provided on our Website.
(d) When providing any information to us about a student under the age of 18 (Minor), you warrant that you have consent from that Minor’s parent or guardian to provide that information to us and that the information provided will not breach any applicable privacy laws. Please see our Privacy Policy for more information about how we handle information.
5. Copyright and Intellectual Property
5.1 We retain ownership of all materials provided to you throughout the course of your Subscription, including, but not limited to, text graphics, logos, design, icons, images, sound and video recordings, pricing, downloads, and software (Software Content) and reserve all rights in any intellectual property rights owned or licensed by us not expressly granted to you.
5.2 Your use of childcare.tools does not give you ownership of any Software Content. During your subscription, you are granted a licence to the Software Content, and you may make a temporary electronic copy of all or part of any materials provided to you for the sole purpose of viewing them and using them for the purposes of the software. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify, or publish those materials or any Software Content without prior written consent from us or as otherwise permitted by law.
6. User Information and Privacy
6.1 During the course of your use of childcare.tools, you may be asked to provide certain personalised information to us (User Information). By providing User Information, you agree to grant us (and our Personnel) a non-exclusive, royalty-free, non-transferable, worldwide, and irrevocable licence to use User Information to the extent reasonably required to provide the services under your subscription.
6.2 Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
6.3 We reserve the right to remove any User Information where we deem such information to be inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist.
7. General Disclaimer
(a) You acknowledge that does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Product other than provided for pursuant to these Terms.
(b) We will make every effort to ensure a Product is accurately depicted on the Product, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Product.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Subscription or these Terms (including as a result of not being able to use the Subscription or the late supply of the Subscription), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Products and the Subscription is at your own risk. Everything on the Product, Subscription and the website of Kazacos AI, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of make any express or implied representation or warranty about its Content or any products or Subscription referred to on the Product. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Product, the Subscription, or any of its Content related products (including third party material and advertisements on the Product);
(iii) costs incurred as a result of you using the Product, the Subscription or any of the Products;
(iv) the Content or operation in respect to links which are provided for the User's convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Application; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
(vii) Any personal injury or property damage arising from the use of the Product.
8. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Kazacos AI.
Competitors are not permitted to use or access any information or content on our Product. If you breach this provision, will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
9. Limitation of Liability
(a) Kazacos AI’s total liability arising out of or in connection with the Subscription or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Subscription Payment paid by you under these Terms or where you have not paid the Subscription Fees, then the total liability of Kazacos AI is the resupply of information or the Product to you.
(b) You expressly understand and agree that Kazacos AI, its affiliates, employees, agents, contributors, third party content providers and 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 is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) Kazacos AI is not responsible or liable in any manner for any site content (including the Content or third party content) posted on the Product or in connection with the Subscription, whether posted or caused by users of the Product of Kazacos AI, by third parties or by any of the Subscription offered by Kazacos AI.
10. Indemnity
You agree to indemnify Kazacos AI, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Product;
(b) any direct or indirect consequences of you accessing, using or transacting on the Product or attempts to do so and any breach by you or your agents of these Terms; and/or any breach of the Terms.
11. Dispute Resolution
11.1 Compulsory
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
11.2 Notice
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
11.3 Resolution
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Sydney, Australia.
11.4 Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
11.5 Termination of Mediation
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
12. Venue and Jurisdiction
The Subscription offered by is intended to be viewed by residents of Australia. In the event
of any dispute arising out of or in relation to the Product, you agree that the exclusive venue
for resolving any dispute shall be in the courts of NSW, Australia.
13. Governing Law
The Terms are governed by the laws of NSW, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of , Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
14. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Privacy Policy
INTRODUCTION
This document sets out the privacy policy of Kazacos AI Pty Ltd ABN 83 670 470 354 (referred to in this privacy policy as ‘we’, ‘us’, or ‘our’).
We take our privacy obligations seriously and we’ve created this privacy policy to explain how we store, maintain, use, and disclose personal information.
By providing personal information to us, you consent to our storage, maintenance, use and disclosure of personal information in accordance with this privacy policy.
We may change this privacy policy from time to time by posting an updated copy on our website and we encourage you to check our website regularly to ensure that you are aware of our most current privacy policy.
TYPES OF PERSONAL INFORMATION WE COLLECT
The personal information we collect may include the following:
(i) name;
(ii) mailing or street address;
(iii) email address;
(iv) telephone number and other contact details;
(v) recorded voice memos that you provide to us;
(vi) digital photographs that you provide to us;
(vii) age;
(viii) date of birth;
(ix) credit card or other payment information;
(x) sensitive information as set out below;
(xi) information about your business or personal circumstances;
(xii) information in connection with client surveys, questionnaires, and promotions;
(xiii) your device identity and type, I.P. address, geolocation information, page view statistics, advertising data, and standard web log information;
(xiv) information about third parties; and
(xv) any other information provided by you to us via our website or our online presence, or otherwise required by us or provided by you.
HOW WE COLLECT PERSONAL INFORMATION
We will collect your personal information in a lawful and fair way. We will only collect your personal information where you have consented to it, or otherwise in accordance with the law.
How we collect information from you
We may collect personal information where you:
(i) contact us through our website;
(ii) use the childcare.tools software;
(iii) receive services from us;
(iv) submit any of our online inquiry forms;
(v) communicate with us via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;
(vi) interact with our website, social applications, services, content, and advertising; and
(vii) invest in our business or enquire as to a potential purchase in our business.
How we collect information from third parties
Where possible, we collect your personal information directly from you. However, there may be occasions when we collect personal information (including sensitive information) about you from someone else or from third-party analytic services such as MixPanel and Intercom.
How you provide information for someone else
If you are providing personal and/or sensitive information on behalf of someone else, you must have the consent of that person to provide their personal and/or sensitive information to us to be collected, used, and disclosed in accordance with this privacy policy.
If you are providing personal and/or sensitive information on behalf of someone under the age of 18 (Minor), you must be that Minor’s parent or legal guardian or must have express consent from the Minor’s parent of legal guardian, and you must provide consent for the Minor’s personal and/or sensitive information to be collected, used and disclosed in accordance with this privacy policy.
How we collect information from cookies
We may also collect personal information from you when you use or access our website or our social media pages. This may be done through the use of web analytics tools, ‘cookies’ or other similar tracking technologies that allow us to track and analyse your website usage. Cookies are small files that store information on your computer, mobile phone, or other device and enable and allow the creator of the cookie to identify when you visit different websites. If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.
We may use Google Analytics to collect and process data, including when you use third-party websites or apps. To find out more see How Google uses data when you use our partners’ sites or apps.
USE OF YOUR PERSONAL INFORMATION
We collect and use personal information for the following purposes:
(i) to provide goods, services, or information to you;
(ii) for record-keeping and administrative purposes;
(iii) to provide information about you to our contractors, employees, consultants, agents, or other third parties for the purpose of providing goods or services to you;
(iv) to improve and optimise our service offering and customer experience;
(v) to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
(vi) to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act). In this regard, we may use email, SMS, social media, or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);
(vii) to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and
(viii) to consider an application of employment from you.
We may also use your personal information for:
(i) secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use;
(ii) such purposes where we reasonably believe that the use of your personal information is necessary to lessen or prevent a serious threat to the life, health, or safety of any individual, or to public health or safety, and it is unreasonable or impracticable to obtain your consent;
(iii) any other purpose for which we receive consent from you; or
(iv) any other purpose that is permitted or required under applicable privacy laws.
We may disclose your personal information to cloud providers, contractors, and other third parties located inside or outside of Australia. If we do so, we will take reasonable steps to ensure that any overseas recipient deals with such personal information in a manner consistent with how we deal with it.
In order to provide and enhance our services, we may need to share your personal information with third parties. This includes sharing data with Google, OpenAI, Stripe, Anthropic, and Amazon Web Services, as we utilise their APIs to power certain features of our services that rely on advanced machine learning and natural language processing technologies. We may also share information with third-party compliance consultants and regulatory authorities as required. By using our services, you consent to the sharing of your personal and sensitive information with these third parties, including Google, OpenAI, Stripe, Anthropic, and Amazon Web Services, for the purpose of providing and improving our services.
SENSITIVE INFORMATION
Collection of sensitive information
We may collect sensitive information about you or your students during the course of providing you our services. We will only collect this sensitive information where you consent to such collection and directly provide us with this information.
Types of sensitive information we collect
The sensitive information we collect may include the following:
(i) health information;
(ii) biometric information; and
(iii) any other sensitive information provided by you or a third party to us via our website or platforms or otherwise provided by you or a third party to us.
How we use your sensitive information
Your sensitive information will only be used for the purpose of:
(i) providing you with our services;
(ii) complying with our legal obligations, resolving disputes, or enforcing our agreements with you;
(iii) sending you messages, reminders, notices, updates, security alerts, and other information requested by you; or
(iv) any other purpose which is permitted or required under applicable privacy laws.
How we disclose your sensitive information
Your sensitive information will only be disclosed to third parties for the purpose of:
(i) providing you with our services; or
(ii) any other purpose which is permitted or required under applicable privacy laws.
How you can withdraw consent
If you wish to withdraw your consent to our collection, use, or disclosure of your sensitive information, please contact us using the contact details set out below. We will deal with all such requests within a reasonable timeframe.
YOUR PERSONAL INFORMATION
If you provide us with your or someone else's personal information, you warrant:
(i) that you have received consent to use of their personal information in accordance with this Privacy Policy (if they have the capacity to consent); and
(ii) that you provide us with your consent to the use of their personal information in accordance with this Privacy Policy.
SECURITY
We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password-protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal information.
LINKS
Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.
REQUESTING ACCESS OR CORRECTING YOUR PERSONAL INFORMATION
If you wish to request access to the personal information we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe.
If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected.
DATA DELETION REQUEST PROCEDURE
We understand the importance of your right to control your personal information. If at any point you decide you would like to have your personal data removed from our systems, we provide a straightforward way for you to do so.
· Initiating Data Deletion: You can request the deletion of your data by accessing the "Delete my account" option located in the "Profile & Settings" section of our App. This action is designed to be user-friendly and easily accessible.
· Process and Effect of Data Deletion: When you choose to delete your account, it initiates a process that permanently removes all your personal data from our systems. This includes your account details, personal information, transaction history, and any other data associated with your account.
· Timeframe for Completion: We strive to complete the data deletion process in a timely manner. The procedure involves a thorough removal of your data to ensure your privacy is fully respected.
· Irreversibility of Data Deletion: We advise you to consider your decision carefully, as the deletion of your data is irreversible. Once your data is removed, it cannot be recovered, and all information associated with your account will be permanently erased.
COMPLAINTS
If you wish to complain about how we handle your personal information held by us, please contact us using the details set out below including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable timeframe.
CONTACT US
For further information about our privacy policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:
Title: Privacy Officer
Email: privacy@kazacos.ai