Like a Photon Pty Ltd - Terms & Conditions

Terms and Conditions

1. General

   1. These Terms and Conditions relate to the website Kindergo at www.kindergokids.com and the Kindergo App available at app.kindergokids.com, operated by Like A Photon Creative Pty Ltd (ACN: 159 756 279).
   2. A reference to we, our or us is a reference to Like A Photon, and a reference to Kindergo is a reference to the website or the app, whichever you are using.

2. Age

   1. Kindergo is aimed at preschool and primary school aged children (Child Users) who are using Kindergo under active supervision by their parent or guardian (Parent Users).
   2. In these Terms and Conditions, a reference to “You” and “User” is a reference both to the Child User and to the Parent User both in their personal capacity and for and on behalf of the Child User.
   3. To use Kindergo, users must register using their name and email address. If the User is under 13 they must provide a parent or guardian name and email address.

3. Intellectual Property

   1. All of our information, text, material, images, audio, video, graphics,software and our advertisements on Kindergo (our Content) are copyright © 2017-2020 Like A Photon Creative Pty Ltd, our associated companies, suppliers, and/or licensors unless expressly indicated otherwise. our Content is protected by Australian and international copyright laws.
   2. You must not download, remove, modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with our Content except as expressly provided in these Terms and Conditions,on Kindergo, or expressly authorised by us in writing.
   3. You must not use our trademarks, logos or other materials for any purpose without our prior written consent.

4. Use

   1. You agree to use Kindergo, including all features and functionalities, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content contained in Kindergo. You agree not to archive, reproduce, distribute, modify, display, perform, publish, licence, create derivative works from, offer for sale, or use (except as explicitly set out in these Terms and Conditions) our Content.
   2. You also agree not to, and not to seek to: (a) circumvent, remove, alter, deactivate, degrade or inhibit any of the content protections in Kindergo; (b) use any robot, spider, scraper or other automated means to access the Kindergo service; (c) insert any code or product or manipulate the content of Kindergo in any way; or (d) use any data mining, data gathering or extraction method on or in relation to Kindergo.
   3. You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with Kindergo in any form, including any software viruses or any other computer code, files or programs.
   4. We may terminate or restrict your use of Kindergo at any time if you violate these Terms and Conditions or are engaged in illegal or fraudulent use of Kindergo.

5. Subscriptions

   1. The purchase of goods or services from Kindergo (including the app itself) and the use of Kindergo is governed by these Terms and Conditions and any relevant terms of third party websites that are involved in the sale or provision of the goods or services. In order to access and use Kindergo you will be required to register for a Kindergo account and have access to the internet on the device(s) on which you wish to use Kindergo.
   2. To subscribe to and use Kindergo you will be required to first register an account including by providing a valid email address. You will then be directed to the payment gateway set out in clause 5.3 below to provide a valid payment method such as a credit card or direct debit authorisation to a bank account or Paypal Account or such other method as authorised from time to time (Payment Method). All information provided during the registration process including personal information and information in relation to the Payment Method will be treated in accordance with our Privacy Policy (see clause 7 below).
   3. All payments will be processed by Apple through its App Store or Google through its Play Store and payment gateway, and subject to the terms and conditions of that Store from time to time.
   4. You may be entitled to receive a free 30 day trial of Kindergo. The granting of a free trial is at our sole discretion. In order to receive a free trial you will be required to register for an account as set out in these Terms and Conditions, including by providing a Payment Method. We will charge your Payment Method for your first month’s subscription fee at the end of the free trial period unless you have terminated your subscription, as set out in clause 5.5 below, within the 30 days of the start of your trial.
   5. Your Kindergo subscription will continue on a monthly basis until terminated. Your subscription can be terminated at any time by cancelling the subscription in the ‘settings’ section on your device (phone,tablet etc). When you cancel your subscription, your access to Kindergo will end immediately.
   6. Your Payment Method will be charged theannual or monthly subscription fee together with any applicable taxes, including GST, on an annual or monthly basis on the anniversary of the commencement of your paid subscription for Kindergo (Charge Date). If you do not cancel your subscription as set out in clause 5.5 above, you authorise us to charge your next year or month’s subscription fee to the Payment Method on the Charge Date. If you cancel your subscription at any time, you will not be entitled to a refund of the fee for the balance of the month in which your subscription was cancelled.
   7. Kindergo may change its pricing and subscription plans from time to time upon notice to you. No changes in such pricing or plans shall take effect until at least 30 days after notification of the changes to you.

6. Links

   1. Access to any third-party site which may be reached by the hyperlinks on this Site (Linked Site) is subject to any notices, including but not limited to copyright notices, which may appear throughout the Linked Site.
   2. Accessing a Linked Site from this Site, regardless of whether the link was posted by us or by other users, does not expressly or impliedly constitute any guarantee, undertaking or warranty on our part as to the accuracy, completeness, copyright status or up-to-date nature of the information contained on the Linked Site. We will not be liable to you or any third party for losses, costs, damaged or other expenses incurred as a result of such access and the use of any information contained on a Linked Site.
   3. The ability to access a Linked Site does not:
      1. constitute express of implied authority to infringe copyright in any content contained on the Linked Site; or
      2. imply any connection, sponsorship or affiliation between the Linked Site and this Site or our Company.

7. Privacy

   1. You accept our Privacy Policy, found here www.kindergokids.com/privacy-policy, and we agree that all your personal information (as defined in the Privacy Policy) will be dealt with by us only in accordance with our Privacy Policy.

8. Disclaimers and Limitation of Liability

   1. To the fullest extent permitted by law:
      1. all information and materials on Kindergo is provided “as is” and without warranty of any kind, express or implied;
      2. all implied warranties as to merchantability and fitness for a particular use or purpose are excluded;
      3. we and our information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information or materials on Kindergo;
      4. we make no warranties in respect of human or machine errors, omissions, delays, interruptions, or losses including but not limited to loss of data; and
      5. we make no warranties that files and/or data available for downloading from Kindergo, or the server transmitting information and materials to you, will be free of infection, viruses or other code that manifest contaminating or destructive properties.
   2. Further, our liability for the breach of any warranty or condition which cannot by law be excluded shall, at our option, be limited to the following:In the case of services supplied by us:
      1. the supply of the services again; or
      2. the payment of the cost of having the services supplied again; and
   3. In the case of goods supplied by us:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the payment of the cost of replacing the goods or the supply of equivalent goods; or
      3. the payment of the cost of having the goods repaired.
   4. Under no circumstances (including but not limited to any act or omission on our part, our servants or agents) will we or our associated companies be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use of or access to, or inability to use or access Kindergo or any content or other materials contained on Kindergo.

9. Indemnity

   1. You agree to indemnify us and keep us, our officers, directors, employees, servants, agents, licensors, licensees and suppliers, indemnified from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of these Terms and Conditions or any activity related to your registered account (including negligent or wrongful conduct) by you or any other person using your registered account.

10. Variation and Termination

    1. These Terms and Conditions shall continue to have full force and effect until varied or terminated by us. The Terms and Conditions relating to intellectual property, your licenses to us (if any), the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of this agreement.
    2. We reserve the right to vary these Terms and Conditions at any time, including by posting new or varied Terms and Conditions on Kindergo. You will be given the opportunity to accept such varied Terms and Conditions on your first visit to Kindergo after such variation occurs, and if you elect not to accept the Terms and Conditions as varied your permission to use Kindergo will terminate immediately.

11. General

    1. This agreement is governed by the laws of the State of Queensland, Australia. You irrevocably submit to the jurisdiction of the courts of that State.
    2. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.
    3. our waiver of a breach by you of these Terms and Conditions does not amount to a waiver of all breaches by you, and we reserve our rights pursuant to this agreement in respect of any other or further breaches by you of these Terms and Conditions.