Family Calendar Assistant 

Welcome!

myWhānau offers the Family Calendar Assistant App (the App) with the aim to help you be better organised and less stressed in managing your family’s events and completing tasks.

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 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.

Using your App

As part of our Services, we have developed a quality assurance process which requires staff review of all entries made in the App. While we have put this process in place for your peace of mind, we cannot guarantee that all App entries will be 100% correct. You agree that App entries rely on us being provided with accurate, complete and up-to-date information and being promptly informed of any changes in information. We take all reasonable steps to include correct information in the App entries and we agree to promptly update any App entry found to be irrelevant, inaccurate, incomplete or out of date as soon as we become aware of the issue.

If you or any of your family members edit any App entry you are solely responsible for those edits, including any errors made as part of the edits or any information lost in connection with the edits.

 Our service is a secondary tool provided for your convenience. Before you rely on the information in any entry in the App you must satisfy yourself that the information is accurate, complete and up-to-date and it is solely your responsibility to confirm the information in each App entry.

 If you choose to use the task completion functionality, any reminders or deadlines recorded in the App for tasks marked as completed will be automatically deleted. For this reason, you should carefully check that you are ticking the correct task before doing so.

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 App included in our Services to users who are pre-approved by us; (iii) confirm the details of any event or task in the App before relying on this information; and (v) comply with these Terms, our reasonable requests or requirements, and all applicable laws.

We recommend that you promptly notify us of any change in information for an App entry so that we can provide you with up-to-date entries and regularly check your calendar and task list so that you are aware of any updates to App entries.

School & extracurricular activity account information

To provide our Services, we require you to provide us 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.

Your emails

You agree that as part of our Services we require you to set up automatic 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 ‘personalmywhanau’ in the subject or email body. 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.

If we receive any forwarded email addressed to you which we do not reasonably require to perform our Services, we will delete such email and if appropriate we will block the sender in our email account and regularly delete all spam messages received from them.

Privacy and storage of your information

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

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. We also use password protection, two step verification and SSL encryption to help secure information we hold.

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.

Payment must be made via a payment method approved by us.

Your Subscription to our Services will automatically continue until cancelled in accordance with the cancellation clause below.

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 our Services via your account). We will inform you of the new Subscription Fee and if you agree to this new Subscription Fee, cancel your current Subscription, provide you a new registration form and set up your chosen payment method to be charged the new Subscription Fee on your next Payment Date. The varied Services will come into effect from the Payment Date following completion of this process. Any upgrade or downgrade of your Subscription will not affect the operation of these Terms.

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 App

You may be offered access to a trial App 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.

If you would like continued access to the App, you may choose to purchase a Subscription with us for the applicable Subscription Fee. If you do not purchase a Subscription, your access to the App and our Services will cease at the end of your trial period.

Loyalty offers

As a user of our Services, we are committed to helping you save by offering you special deals from third parties, such as for sports clothes and shoes. From time to time, we may email you or communicate information to you via the App about these special deals. We do not disclose your personal information to these third party businesses. You may choose to opt out of receiving special deals via the App at any time by emailing us, or via email at any time by emailing us or using the opt-out functionality in any email we send.

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 (including the App), 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 access and use our App,, 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. You agree you will not commit any Intellectual Property Breach.

Your consumer rights

Certain legislation and similar consumer protection laws and regulations, including the Australian Consumer Law (ACL) and the New Zealand Consumer Law (NZCL), 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.

You agree that our Liability for our Services provided to an entity defined as a consumer under the ACL or the NZCL is governed solely by the ACL and/or the NZCL 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) any error in an App entry; (vi) our Services being unavailable, or any delay in us providing our Services to you, for whatever reason; and/or (vii) 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) you agree to immediately deactivate the automatic forwarding of emails to us and we do not accept any Liability for your failure to do so; (ii) we will cease providing our Services (including by disabling your access to the App); (iii) we will delete your calendar event entries and task entries and all information input into the App or sent to us by you in connection with the Services(including emails sent to us); (iv) you will not be able to access the App, including your calendar entries or task entries or any information input into the App or sent to us by you in connection with the Services; and (v) to the maximum extent permitted by law, 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

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

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 the existence, validity or termination) (Dispute) without first meeting with a representative of the other Party, with the authority to resolve the dispute, 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.

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 Breach means any breach by you of any of our Intellectual Property Rights or of any third party rights (including any Intellectual Property Rights of third parties), including any use of our Intellectual Property Rights not expressly permitted by this Agreement.

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.

New Zealand Consumer Law means the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

Services means our Services that we agree to perform under these Terms (including provision of the App), 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, 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: Level 2, 11 York Street, Sydney NSW 2000

Email: michelle@mywhanau.com.au

Last Updated: 02 September 2020