Terms & Conditions
IMPORTANT: By accessing or otherwise using the Application (as defined below), you agree to be bound by MyKinderApp’s Privacy Policy and these Terms & Conditions and agree to access or otherwise use the Application in accordance with these Terms & Conditions.
If you do not accept and agree to be legally bound by and comply with the Terms of this Agreement, you are not permitted to access or otherwise use the Application.
We update our Terms & Conditions as our service changes and as regulatory requirements change. We encourage you to visit this page often and read these terms carefully.
Website Visitors
If you are a user of this website who has not registered to use the Application, you must comply with all the obligations under Website Terms of Service, our Website Privacy Policy, and this Agreement as if you were a Customer, but MyKinderApp shall be under no obligation to comply with any of its obligations to Customers in respect of you. If you do not agree to these terms, you must leave the Site immediately. Your continued use of the Site constitutes your acceptance to this Agreement on this basis. Learn about our cookie policy here.
About This Agreement
These Terms and Conditions set out the agreement between MyKinderApp and any users of the Application or the Site and MyKinderApp only makes the Application and Site available on the terms set out in this Agreement. This includes specific terms relating to the agreement between MyKinderApp and the Customer and MyKinderApp and the Parent in respect of the use of the Application. Information about MyKinderApp’s handling of Personal Information can be found in our Privacy Policy.
If you are a Customer, by registering to use the service, MyKinderApp agrees to provide you with access to the Application and you agree to only use the Application in accordance with the terms and conditions set out below in Part One and Part Three.
If you are a parent, by registering to use the service, MyKinderApp agrees to provide you with access to the Application and you agree to only use the Application in accordance with the terms and conditions set out below in Part Two and Part Three.
MyKinderApp may change or amend these Terms and Conditions at any time by posting an amended or updated version on the Site. Parents and Customers should check this site regularly for updates. If the Parent or the Customer does not give notice of termination, then the Customer or Parent shall be deemed to have accepted the amended or updated Terms and Conditions.
1. Definitions
The following definitions apply to this entire Agreement, including the text above, Part One, Part Two, and Part Three.
“Agreement” means these Terms and Conditions.
“Application” means the early childhood software provided by MyKinderApp, delivered through our website service or through our mobile app for iOS and Android.
“Child Data” means all information uploaded onto the Application by the Customer in respect of children in its kindergarten.
“Customer” means a kindergarten that has registered and been approved by MyKinderApp (in its discretion) to use the Application and includes any person that uses the Application through that kindergarten’s account or with the authorization of that person or entity.
“MyKinderApp”means MyKinderApp.
“Educator Data” means all information uploaded onto the “Child” section of the Application by the relevant Customer.
“Fee” means the annual fees (excluding any taxes and duties) payable by the Customer in accordance with the MyKinderApp fee schedule (which may change from time to time on notice to the Customer).
“Intellectual Property” means any and all intellectual and industrial property rights throughout the world including but not limited to rights in respect of, or in connection with: copyright (including future copyright and rights in the nature of, or analogous to, copyright); trademarks; inventions (including patents); any confidential information; service marks; designs; and whether or not existing now and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions.
“Parent” means the parent, guardian, relative, caregiver, or other responsible adults of a child attending a kindergarten operated by the Customer who has registered to use the Application.
“Personal Information” means information about an identifiable individual including, but not limited to:
a.personal details (including name and email addresses);
b.login information (including passwords); and
c.information relating to an individual’s access to the Site (which may include IP addresses if they identify an individual).
“Site” means the internet website operated by MyKinderApp at the following URLs: https://mykinderapp.com.au including the public areas of the website available to any user without logging in to the Application. “Application” means the kindergarten information management service made available (as may be changed or updated from time to time by MyKinderApp) via the Site.
“Student User” means a child creating a story in MyKinderApp in the private “student user mode” which can only be accessed by teachers and parents related to the child who have a valid login.
“User” means anyone who accesses, views, or uses the Application on the Site, including Customers and Parents.
Part One: Customer
2. Use of Application
1. Right to Use: MyKinderApp grants the Customer the right to access and use the Application via the Site. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
3. The Customer’s Obligations
1 Payment obligations: The Customer must pay MyKinderApp the Fee in advance each year. MyKinderApp will generate an electronic invoice in respect of the Fee each year and email this to the address provided by the Customer. The Customer shall pay the invoice within 7 days of the date of invoice or before the first day of the month to which the invoice relates, whichever is earlier (“Due Date”). The name that will appear on your statement will be MyKinderApp.
2 Failure to pay: If the Customer fails to pay any invoice by the Due Date, then MyKinderApp may suspend:
1 the Customer’s access to the Application; and
2 access to the Application of all Parents whose children attend the Customer’s childcare center; pending payment in full.
3 General obligations: The Customer must only use the Application for its internal purposes to assist the care, learning and development of the children it is responsible for.
4 Acceptable use: The Customer shall not (and shall ensure that none of its staff) use the Application for any illegal purpose or activities, or for the transmission or storage of material which is unlawful, defamatory, harassing, invasive of any individual’s privacy, abusive, harmful, threatening, vulgar, pornographic, obscene, otherwise objectionable, or offends religious sentiments, promotes racism or contains viruses or that which may infringe the Intellectual Property of any third party. MyKinderApp reserves the right to suspend or terminate the Customer’s access to the Application if there are reasonable grounds to believe that the Customer has been engaged in any unlawful or unauthorized activity.
5 Parental Consent: The Customer must seek the explicit prior written consent of the Parent of every child, before placing that child’s Child Data on the Application. The Customer must not in any circumstances place Child Data on the Application without the explicit prior written consent of the relevant child’s Parent.
6 Access conditions: The Customer must ensure that all usernames and passwords required to access the Application are kept secure and confidential. The Customer must immediately notify MyKinderApp of any unauthorized use of its passwords or any other breach of security
7 Need to know: The Customer shall ensure that it restricts access to the Child Data through the Application to those of its staff who have a genuine “need to know” the Child Data for the purposes set out in clause 3.3.
8 Deletion of Child Data: The Customer shall ensure that Child Data is deleted from the Application once the relevant child is no longer in its care or it is no longer necessary for the Customer to retain the Child Data. In the event of expiry or termination of this Agreement for any reason, the Customer shall promptly delete all Child Data from the Application and inform all Parents that they have done so. Customers can request deletion of data at any time by contacting app@mykinder.app
9 Transferral of Child Data: In the event of a child transferring or leaving the care of the existing Customer, any transfer of data to another customer’s site must be approved by the existing Customer who is the data controller until the transfer takes place.
10 Password privacy in User mode. The customer agrees not to share the passwords with the student, as that would grant the student access to the content and connections of the logged-in teacher or parent, essentially unauthorized access that is granted without going through the normal invite option.
11 Use for other purposes: The Customer may make screenshots of the Application available to third parties for marketing purposes or for the purpose of promoting the development of the child care industry provided that:
1 MyKinderApp has given its prior written consent to each proposed use; and
2 The screenshots do not include any Personal Information about any user of the Application.
4 Confidentiality
Confidentiality of Child Data: MyKinderApp will use reasonable endeavors to keep all Child Data held on the Application confidential and not to disclose the Child Data to any person except:
1 To staff members of the Customer;
2 To the relevant Parents of each child;
3 If the Customer has undertaken a group learning project with a number of children, in which case MyKinderApp may make information in respect of that project available to other parents;
4 To MyKinderApp staff members and service providers working with MyKinderApp on the operation and ongoing development of the Application and the Site, provided that such disclosure is necessary and such persons are under equivalent obligations of confidentiality as contained in this clause 4 with respect to Child Data;
5 In the course of a purchase or acquisition of the business or assets of MyKinderApp, provided that such disclosure is necessary and such persons are under equivalent obligations of confidentiality as contained in this clause 4 with respect to Child Data; or
6 Where required by law or any Court, or in response to a legitimate request by a law enforcement agency.
However, because internet services cannot be guaranteed to be 100% secure in all aspects (including in relation to unauthorized use and disclosure of personal information), you acknowledge and agree that you use this service at your own risk, and you should only proceed to use the Application if you accept this condition.
You must not share another User’s personal information without that User’s explicit permission. You must not share a child’s personal information without the permission of that child’s parent or guardian. You agree to the terms set out in MyKinderApp’s Privacy Policy.
MyKinderApp will treat personal information as confidential and comply with the Privacy Act 1988 (Cth, Australia) and MyKinderApp’s Privacy Policy. It will not knowingly breach any privacy laws in other jurisdictions.
5. Intellectual Property
1 The Application and the Site: All Intellectual Property rights in the Application and the Site and any other materials relating to the Application or the Site shall be owned by MyKinderApp and/or its licensors (if any).
2 The Child Data: All Intellectual Property in the Child Data shall be owned by the Customer or the relevant child as applicable. MyKinderApp acknowledges it has no Intellectual Property rights in the Child Data. The Customer grants MyKinderApp an assignable royalty-free worldwide non-exclusive sub-licensable license to access, copy, make adaptations from, distribute, archive, communicate and otherwise disseminate the Child Data for the duration of this Agreement and thereafter until the Customer has removed or deleted all Child Data from the Application, only for the purpose of operating, developing and improving the Application and the Site and complying with this Agreement but not otherwise. MyKinderApp will not display any Child Data in the public areas of the Site, or include any Child Data in any promotional or marketing materials. MyKinderApp will not display any Child Data in the public areas of the Site, or include any Child Data in any promotional or marketing materials. MyKinderApp is not allowed to download or store data on personal devices or print any Child Data for any reason except with the express permission of the Customer.
3 The Educator Data: All Intellectual Property in the Educator Data shall be owned by the Customer or the relevant Educator/Teacher as applicable. MyKinderApp acknowledges it has no Intellectual Property rights in the Educator Data. The Customer grants MyKinderApp an assignable royalty-free worldwide non-exclusive sub-licensable license to access, copy, make adaptations from, distribute, archive, communicate, and otherwise disseminate the Educator Data for the duration of this Agreement and thereafter until the Customer has removed or deleted all Educator Data from the Application, only for the purpose of operating, developing and improving the Application and the Site and complying with this Agreement but not otherwise. MyKinderApp will not display any Educator Data in the public areas of the Site or include any Educator Data in any promotional or marketing materials.
6. Indemnity
Customer Indemnity: The Customer indemnifies MyKinderApp against any liability, claims, costs, and losses arising from any actual or alleged claim that MyKinderApp’s storage, use or disclosure of any of the information uploaded to the Application by the Customer:
1 Infringes a third party’s Intellectual Property rights or privacy rights;
2 Is defamatory, objectionable, obscene or harassing;
3 Is unlawful in any way; or
4 Is otherwise in breach of this Agreement.
7. Warranties and Acknowledgements
1. Information stored on Application: The Customer warrants that it has all rights and has obtained all permissions necessary to disclose the information it places on the Application to MyKinderApp and for MyKinderApp to use such information in accordance with this Agreement.
2. Consumer guarantees: The Customer warrants and represents that it is acquiring the right to access and use the Application for the purposes of a business and that, to the maximum extent permitted by law, the Consumer Guarantees Act 1993 does not apply to the supply of the Application or the Site to the Customer.
3. MyKinderApp staff site access. Customers and parents acknowledge and understand that staff and service providers hired by MyKinderApp could from time to time access the customer Site. MyKinderApp staff and service providers will access the customer Site in a limited capacity only – primarily in a support capacity, to improve the configuration and workflow on the customer Site for the benefit of the customer and parent or to improve the operating, developing and improving the Application.
8. Termination
1. Term: This Agreement will continue for the period covered by the Fee paid by the Customer. The Customer or MyKinderApp may terminate this Agreement for convenience by 30 days' notice in writing. A Customer shall not be entitled to any refund of Fees if it terminates this Agreement prior to the end of a month for which it has already been invoiced. Annual and quarterly prepaid customers may be entitled to a refund, based on their unused amount less the 30-day notice requirement.
2. Breach: MyKinderApp may terminate this Agreement and the Customer’s access to the Application and/or the Site (or suspend Customer’s access) if the Customer:
1 Breach this Agreement (including, without limitation, by not paying the Fee) and, if the breach is capable of being remedied, does not remedy the breach within 14 days of receiving notice of the breach;
2 Becomes insolvent or goes into liquidation or has a receiver or manager appointed of any of its assets or if it makes any arrangement with its creditors, or become subject to any similar insolvency event in any jurisdiction.
Archiving of data. Customers who leave MyKinderApp have the option to download each child’s portfolio (stories and Journals) as a zip file. The customer can also choose to ask MyKinderApp to archive the data for a modest annual storage fee to have continued read-only access to data.
9. Privacy
MyKinderApp is the agent: The Customer agrees that in collecting, holding and processing Personal Information in respect of the Application, MyKinderApp is acting as an agent on behalf of the Customer for the purposes of the Privacy Act 1993. MyKinderApp shall hold and process the Child Data in accordance with the Customer’s instructions and this Agreement. To the extent that it applies to MyKinderApp as an agent of the Customer, MyKinderApp shall comply with the Privacy Act 2020 in respect of the Child Data.
10. Emails
Customer consent: The Customer agrees to receive regular emails from MyKinderApp with updates and information about the Application as well as information and offers about other products and services. Parental opt-out: The Customer may notify MyKinderApp in writing at the time it first registers that it does not wish any of its Parents to receive emails from MyKinderApp with information and offers about other products and services. If MyKinderApp receives such notification, it will opt out such Parents from these emails by default.
Part Two: Parents
11. Use of Application
1. Right to Use: MyKinderApp grants the Parent the right to access and use the Application via the Site. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
2. Personal use only: The Parent must only use the Application and Site for personal and non-commercial purposes, in accordance with this Agreement and any notice sent by MyKinderApp or condition posted on the Site.
3. Acceptable use: The Parent shall only use the Application to access Child Data about his or her child and shall not access or attempt to access information about any other child or children, except where information about other children is included as part of a group learning activity in which the Parent’s child is participating. The Parent shall not use the Application for any illegal purpose or activities, or for the transmission or storage of material which is unlawful, defamatory, harassing, invasive of any individual’s privacy, abusive, harmful, threatening, vulgar, pornographic, obscene, otherwise objectionable, or offends religious sentiments, promotes racism, or contains viruses or that which may infringe the Intellectual Property of any third party. MyKinderApp reserves the right to suspend or terminate the Parent’s access to the Application if there are reasonable grounds to believe that the Parent has been engaged in any unlawful or unauthorized activity.
4. Term of Parent’s access: The Parent will be entitled to access the Child Data in relation to his or her child for the duration of MyKinderApp’s agreement with the applicable kindergarten (as a Customer). If that agreement is terminated at any time, the agreement between the Parent and MyKinderApp shall automatically terminate and the Parent shall have no further rights to access the Application or the Site. MyKinderApp may also terminate or suspend the Parent’s access to the Application or the Site at any time if it or the relevant Customer is in breach of this Agreement. If the Parent no longer wishes to have access to the Application, the Parent shall contact the Customer and ask it to deactivate his or her account.
5. Subject to Customer’s payment: The Parent’s access to the Application pursuant to this Agreement shall continue for the period covered by the Fee paid by the Customer. If the Customer fails to pay the Fee for any reason, then MyKinderApp may suspend or terminate the Parent’s access to the Application until payment in full has been made.
6. Supply to a business: The Parent acknowledges that the Application is provided by MyKinderApp to the Customer for a business purpose, and made available by the Customer to the Parent. As such to the maximum extent permitted by law the Consumer Guarantees Act 1993 does not apply.
12. Child Data
1 Consent: MyKinderApp requires the Customer to obtain the Parent’s consent to use any Child Data in respect of the Parent’s child. The Parent acknowledges that once that consent has been obtained it may be difficult to subsequently remove all information from the Application in relation to their child.
2 Deletion or removal: If the parent has any concerns about any Child Data on the Application, it shall contact the Customer directly to request the deletion, amendment, or removal of such information.
Transferal: In the event of a child transferring or leaving the care of the existing Customer, any transfer of data to another customer’s site must be approved by the existing Customer who is the data controller until the transfer takes place.
13. Intellectual Property
1. The Application and the Site: All Intellectual Property rights in the Application and the Site and any other materials relating to the Application or the Site shall be owned by MyKinderApp and/or its licensors (if any).
2. The Child Data: All Intellectual Property in the Child Data shall be owned by the Customer or the relevant child as applicable. MyKinderApp acknowledges it has no Intellectual Property rights in the Child Data. The Parent grants (on behalf of its child) MyKinderApp an assignable royalty-free worldwide non-exclusive sub-licensable license to copy, make adaptations from, distribute, archive, communicate and otherwise disseminate the Child Data for the duration of the Agreement between the Customer and MyKinderApp and thereafter until the Customer has removed or deleted all Child Data from the Application, for the purpose of operating, developing and improving the Applications and the Site and complying with this Agreement but not otherwise. MyKinderApp will not display any Child Data in the public areas of the Site, or include any Child Data in any promotional or marketing materials.
14. Privacy
MyKinderApp is the agent of Customer: The Parent acknowledges that in collecting, holding, and processing Personal Information through the Application, MyKinderApp is merely acting as an agent on behalf of the Customer for the purposes of the Privacy Act 2020. To the extent that it applies to MyKinderApp as an agent on behalf of the Customer, MyKinderApp will comply with the Privacy Act 2020 in respect of the Child Data. If the Parent has any complaints or questions about the handling of its Personal Information or the Personal Information of its child or would like to exercise its rights of access or correction, it will contact the Customer directly.
15. Emails
Parent’s consent: The Parent agrees to receive regular emails from MyKinderApp with updates and information about the Application as well as information and offers about other products and services. Parents may choose to opt-out of receiving emails with information and offers about other products and services at any time by emailing MyKinderApp.
Part Three: Parents and Customers
The obligations in this Part Three apply to Customers, Parents, and any other users, each being a “User” in the provisions below.
16. Restrictions on Use
1. No person may use or attempt to use the Application unless they have registered with and been approved by MyKinderApp (in its discretion) as a Parent or Customer.
2. Specific restrictions: When accessing and using the Application, the User must:
1 Not attempt to undermine the security or integrity of MyKinderApp’s computing systems or networks or, where the Application is hosted by a third party, that third party’s computing systems and networks;
2 Not use, or misuse, the Application in any way which may impair the functionality of the Application or Site, or other systems used to deliver the Application or impair the ability of any other user to use the Application or Site;
3 Not attempt to gain unauthorized access to any materials other than those to which the User has been given express permission to access or to the computer system on which the Application are hosted;
4 Not transmit, or input into the Site, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which the User does not have the right to use); and
5 Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Application or to operate the Site except as is strictly necessary to use either of them for normal operation.
17. Warranties
No warranties: MyKinderApp gives no warranty in respect of the Application, which is provided “as is.” Without limiting the foregoing, MyKinderApp does not warrant that the Application will meet the Customer’s requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
18. Termination
Term: This Agreement will continue for the period covered by the Fee paid by the Customer. The Customer or MyKinderApp may terminate this Agreement for convenience by 30 days notice in writing, provided that the Customer shall not be entitled to any refund of Fees if it terminates this Agreement prior to the end of a month for which it has already paid Fees.
Upon termination, MyKinderApp has the right to delete all data relating to customer accounts.
19. Availability
1. Application availability: Whilst MyKinderApp intends that the Application should be available during all normal business hours, it is possible that on occasions the Application or Site may be unavailable to permit maintenance or other development activity to take place.
2. Interruptions: <