Services And Confidentiality Agreement

TERMS AND CONDITIONS

Welcome!

myWhānau offers a scheduling service for busy parents. Our service helps parents keep track of their child’s schooling and extracurricular activities.

These Terms are entered into between Whanau Group Pty Ltd ACN 626 515 884 (we, us or our) and you, the person, organisation or entity accepting these Terms (you or your), together the Parties and each a Party.

Your acceptance

You accept these Terms by clicking a box indicating your acceptance.

These Terms will commence on the date you accept these Terms and will continue until the date these Terms are terminated in accordance with a termination right in these Terms (Term).

When we will start providing our services

We agree to commence the provision of our Services within a reasonable time after (i) you accept these Terms; (ii) we receive from you payment of the Joining Fee and the first week’s Subscription Fee in full; and (ii) you provide the initial information we require from you.

What we will do for you

In consideration of your payment of the Subscription Fee, we will provide our Services in accordance with these Terms, whether ourselves or through our staff.

We agree to use reasonable efforts to (i) ensure all of our obligations under these Terms, including the performance of our Services, will be carried out by suitably competent and trained staff; and (ii) in an efficient and professional manner.

We believe in confidentiality

Subject to the clause directly below, we must keep confidential, and not use or permit any unauthorised use of, any Confidential Information.

The clause directly above does not apply where the disclosure is required by law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that we ensure the adviser complies with the terms of clause.

This clause will survive termination or expiry of these Terms.

What we need from you

You agree to: (i) provide all assistance, information, documentation, access, facilities, authorities, consents, licences and permissions reasonably necessary to enable us to comply with our obligations under these Terms or any laws; (ii) only provide access to the calendar included in our Services to users who are pre-approved by us; (iii) confirm the details of any event in your calendar before relying on the information in your calendar; and (iv) comply with these Terms, our reasonable requests or requirements, and all applicable laws.

School & extracurricular activity account information

To provide our Services, we require you to provide your account credentials to Third Party platforms (Credentials), such as your child’s school portal and/or school’s application.

You acknowledge that you have provided written approval and you agree to authorise us to use the Credentials to access the relevant Third Party platforms to perform our Services.

Upon termination of these Terms, we recommend you change your Credentials in order to ensure that your security is not compromised.

Creating your account

We may offer as part of our Services to create a free account on a Third Party platform on your behalf (such as a Gmail account).

Where, with your written approval we create a free account for you on a Third Party platform or access an existing account on a Third Party platform, including where we use your name and mobile number to create the account or access a Third Party platform: (i) we will only use features which are provided free of charge by that Third Party; and (ii) we require you provide us the applicable account information/personal information required and you acknowledge and agree that by giving us written approval you will be directly responsible for any compliance with the terms and conditions or licence of the Third Party; and/or any fees charged by the Third Party where you choose to use that Third Party account to make any purchases.

Where we create an account on a Third Party platform for you, we agree to provide you with details of your account information and we will retain a copy in our systems.

Your emails

You agree that as part of our Services we require you to set up automatically forwarding of the emails received from or sent to your child’s school or extracurricular activities, and included in our Services, to us. You can choose to build in exclusions to the emails sent to us by using the word ‘personal’ in the subject. For further information, please see our frequently asked questions on the website.

We will use these emails solely to perform our Services, to update your schedule and we will not respond to these emails.

It is at your discretion which emails we receive. However, if you choose to restrict us from receiving emails you acknowledge and agree that this may impact on your experience of our Services and in certain circumstances we may not be able to provide our Services.

Storage of your information

Your Credentials, account information and any other personal information you provide to us is stored securely in our systems and can only be accessed by the necessary staff, or Third Party providers that assist us with providing our Services.

How to pay for our services

You agree to pay us the Joining Fee at the time of accepting these Terms with us.

You agree to pay us the Subscription Fee upfront on a weekly basis, on the calendar day corresponding to the date you accept these Terms with us (Payment Date). In some cases, your Payment Date may change, for example, if payment is unable to be processed.

Your Subscription to our Services will automatically continue until cancelled in accordance with clause 12 (cancellation and termination).

We may modify our Services included in your Subscription and the Subscription Fees from time to time. Any change in our included Services or any Subscription Fee will apply to you no earlier than 30 days following notice to you via email.

You may upgrade or downgrade your Subscription by sending us an email requesting to alter our Services (including varying the number of children included in our Services or who is able to access to our Services via your account). We will inform you of the new Subscription Fee and if you agree to this new Subscription Fee your chosen payment method will automatically be charged the new Subscription Fee on your next Payment Date and the varied Services will come into effect from that Payment Date

If any payment has not been made within 3 days of the Payment Date, we may (at our absolute discretion) immediately cease providing our Services, and recover, as a debt due and immediately payable from you, our additional costs of doing so.

Gift vouchers

If you purchase or receive a gift voucher for our Services, the purchase and use of the gift voucher will be subject to these Terms and the terms and conditions outlined at the time that such gift voucher is purchased.

A gift voucher cannot be redeemed for cash.

Trial calendar

You may be offered access to a trial calendar for a specified trial period or where no trial period is specified, until we notify you of the termination of such trial period, to allow you to test and experience our Services.

We determine trial eligibility in our sole discretion and we may limit eligibility to prevent trial abuse. We reserve the right to revoke the trial and suspend your access in the event that we determine that you are not eligible.

Any trial versions offered may have limited features and functionality. For example, you may not be able to edit the calendar, it may not be personalised to you and you may need to request access to such trial services. It is your responsibility to review the features, functionality and limits associated with any trial version of the Services. If you would like access to further features and functionality you may choose to purchase a Subscription with us for the applicable Subscription Fee.

We need you to agree to the points below

You represent, warrant and agree that: (i) there are no legal restrictions preventing you from entering into these Terms; (ii) all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and (iii) you have not relied on any representations or warranties made by us in relation to our Services (including as to whether our Services are or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms. 

Intellectual property

As between you and us, all Intellectual Property Rights developed, adapted, modified or created by or on behalf of us or our staff in connection with these Terms or the provision of our Services, will at all times vest, or remain vested, in us.

We grant you a non-exclusive, revocable, worldwide, non-sublicensable and non-transferable right and licence, for the duration of these Terms, to use our and our Staff’s Intellectual Property for the enjoyment of our Services, as contemplated by these Terms.

You agree that we own all Intellectual Property Rights in all Intellectual Property owned, licensed or developed by or on behalf of us or our staff before the date you accept these terms and/or developed by us or our staff independently of these Terms and nothing in these Terms constitute a transfer or assignment of any of our Intellectual Property Rights unless expressly stated.

Your consumer rights

Certain legislation, including the Australian Consumer Law (ACL), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of our Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms exclude your Statutory Rights as a consumer under the ACL.

You agree that our Liability for our Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms. 

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including our Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

This clause will survive termination or expiry of these Terms.

Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:  (i) your acts or omissions, including failing to provide Credentials, failing to forward emails or failing to provide any other information reasonably required by us;  (ii) any use or application of our Services by a person or entity other than you or a pre-approved user; (iii) any works, services, goods, materials or items which do not form part of our Services (as expressed in these Terms), or which have not been provided by us; (iv) any Third Parties; (v) our Services being unavailable, or any delay in us providing our Services to you, for whatever reason; and/or (vi) any event outside of our reasonable control, including where we have not been provided or have not received information about an event or about a change to an event.

This clause will survive termination or expiry of these Terms.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law: (i) neither Party will be liable for Consequential Loss; (ii) a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (including any of our staff); and (iii) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying our Services to you, or, in our sole discretion, to us repaying you the amount of the Subscription Fee paid by you to us in respect of the supply of the relevant Services to which the Liability relates. 

This clause will survive termination or expiry of these Terms.

Cancellation

You may cancel your Subscription and terminate these Terms at any time by giving us 5 days’ notice in writing. Your Subscription will then terminate on your next Payment Date.

We may terminate these Terms immediately with written notice to you, if: (i) you breach any material provision of these Terms; (ii) you breach any provision of these Terms and that breach has not been remedied within 10 days of being notified by us; or (iii) for any other reason outside our control which has the effect of compromising our ability to provide our Services.

After our services end

Upon termination of these Terms: (i) we will cease providing our Services; (ii) we agreed to promptly, stop accessing your calendar and any Third Party platforms on your behalf; (iii) we recommend you change your account information with Third Party platforms in order to ensure that your security is not compromised; (iv) we will remove our telephone number from the two step verification process for the Third Party calendar or if this has not been carried out by us, you agree to promptly do so; and (v) you agree that any payments made by you to us are not refundable to you.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it. 

This clause will survive termination or expiry of these Terms.

Extra information

Delay: To the extent that any delay is caused by you, we will have no liability for a failure to perform our Services or delay in performing our Services.

Disputes:  A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute (unless that Party is seeking urgent interlocutory relief, or the Dispute relates to compliance with this clause).

Governing law: These Terms are governed by the laws of New South Wales.

Privacy: We will handle your personal information in accordance with our privacy policy (available on our website).

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

What capitalised terms mean

In these Terms, unless the context otherwise requires, capitalised terms have the following meanings:

Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Confidential Information includes information which: (i) is disclosed to us in connection with these Terms at any time; (ii) is prepared or produced under or in connection with these Terms at any time; (iii) relates to you, your children, your schedule or any other affairs of yours; or (iv) relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms, whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever we receive that information.

Consequential Loss includes any consequential loss, indirect loss, special loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not. Including in respect of Intellectual Property.

Joining Fee means the fee we require you to pay before we begin providing our Services to you and is as set out on the website as part of the description of the Subscription Fee.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Services means our Services that we agree to perform under these Terms, as further particularised on our website and as per your selections at the time that you accept these Terms (or as updated and notified to you from time to time).

Subscription means our Services which we agree to perform and the Subscription Fee we agree to perform them for.

Subscription Fee means the Subscription Fee as set out on our website at the time that you accept these Terms (or as updated from time to time) and includes the Joining Fee, if any.

Terms means these terms and conditions and any documents attached to, or referred to in, this document.

Third Parties means third parties or any goods and services, websites or platforms provided by third parties, including your child’s school’s website portal and/or school’s application, Google and any other providers or subcontractors which the provision of our Services may be contingent on, or impacted by.

Whanau Group Pty Ltd ACN 626 515 884

Address: 22 Grassmere Road, Killara, 2071, NSW

Email: michelle@mywhanau.com.au

Last Updated: 10 December 2019