Terms and Conditions


Version 1

Valid from: 29/08/2018

Version 1.1

Valid from: 09/11/2018


INTRODUCTION

Pocket Full of Dreams Pty. Ltd t/a Cubsta, ABN – 83625986423, is a company incorporated in Australia (“Cubsta”). Cubsta is the owner, operator and license holder of the Application and/or Website (Our Service) as defined below. The below-mentioned Terms of Use detail your rights and obligations to use the Application and/or Website. These Terms of Use are legally binding should you wish to proceed to access and/or using the same, you are implying your consent to comply with these Terms of Use (as defined below). Should you wish not to comply with these Terms of Use, please refrain from accessing and/or using Our Service.

From time to time, to comply with regulatory requirements change and/or changes to Our Service offerings, we amend, update and/or replace these Terms of Use with or without prior notice as deemed necessary. You are therefore encouraged to visit this page regularly to keep abreast with the same. Any updates made to the Terms of Use are deemed effective immediately. To the best of our ability, we will endeavour to make announcements by way of posting notifications on our Website or sending out an Email notification to any changes that constitute a material change to this Agreement. Should you wish to continue accessing and/or using Our Service post such changes, this would imply your consent and acceptance to the updated Agreement. If such is not the case, you may exit this Website and Our Service offering by way of cancelling your account.

We also encourage you to review Cubsta’s Privacy Policy in order to understand how we use your Personal Information.

Cubsta is an application that allows Early Childhood Education Service Providers (Childcare Centres and Daycare Centres) to perform day to day tasks (Administrative Tasks) involved in running their operations and may assist communication and interaction between a Child’s Parents/Guardians and Early Childhood Education Service Providers through the use of multiple mediums including but not limited to the use of images, videos and text which can be recorded, uploaded and shared.

Cubsta does not replace traditional means of communication (Email, Phone, Face to Face) between the Early Childhood Education Service Provider and the Parents or Guardians of the Child. In an event where the Parents or Guardians need to be contacted for urgent matters related to their Child or for matters where the legislation requires the Parents/Guardians of the Child to be notified, we firmly suggest that you use these traditional means of communication.

DEFINITIONS

1. Agreement
Agreement refers to the terms and conditions that form a binding relationship between Cubsta and the Users, outlining the parameters under the Application and/or Website can be accessed or used.

2. Account
Account refers to either an Early Childhood Education Service Providers Account (allowing access to multiple Child and Educator Profiles) and/or a Child’s Parent/ Guardian (allowing access to one or more Child(ren) Profiles)

3. Application
Application refers to the software owned and operated by Cubsta that is delivered to the Early Childhood Education Service Providers and the Parents/Guardians of the Child(ren) through the World Wide Web.

4. Authorised Viewer
Authorised Viewer refers to any person/s that hold the authority to access a Child’s Profile that may or may not be the Child’s Parents/Guardians and family members and not limited to the Child’s Early Childhood Education Service Providers.

5. Centre
Centre refers to an organisation or enterprise offering a Service for Children including Early Childhood Education Service Provider/s.

6. Centre Account
Centre Account is the account created on Cubsta’s Application for an Early Childhood Education Provider allowing the use of the Service/s offered within the application.

7. Early Childhood Education Service Provider
Depending on the context, this includes but not limited to an Early Childhood Education Centre/Daycare/Childcare, and/or an authorised person within the Centre including an Educator/Teacher/Administrator of a Centre and/or a Professional Care Provider such as a Nanny, Au pair or Babysitter that has authority to access and use Cubsta’s Application.

8. Child
Any person under the age of 18 enrolled at an Early Childhood Education Provider whose Profile exists within the Application as a Child.

9. Child Data
Means all information and particulars related to a Child including but not limited to the Personal Information (Profile), Images, Audio-Visuals, Videos, Text-based Content page(s) and other dedicated information pertaining to a Child uploaded onto the Application by the Early Childhood Education Provider and/or Child’s Parents/Guardians.

10. Cubsta
Means the company incorporated in Australia, ABN, 83625986423, who is the owner, operator and license holder of the Application and/or Website, Cubsta and its subsidiaries can be contacted at care@cubsta.com.

11. Content
Means all material including but not limited to Audio-Visuals (such as static or dynamic Images, Videos and Sound Recordings), Artistic Works, Written Works and Personal Information recorded, uploaded and shared by any User including an Early Childhood education centre and/or Child’s Parents/Guardians.

12. Educator Data
This includes but not limited to the personal profile of an authorised person within an Early Childhood Education Centre including an Educator/Teacher/Administrator of a Centre and/or a Professional Care Provider such as a Nanny, Au pair or Babysitter.

13. Fees
This refers to all applicable fees and charges (including and/or excluding any taxes and duties) payable by the user. The Fee Schedule may be revised from time to time and can change with or without prior notice. For more information, visit https://www.cubsta.com/pricing/.

14. Intellectual Property
Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world in existence now or coming into existence in the future including but not limited to rights in respect of, or in connection with Trade Marks (whether registered or unregistered), Copyright (including future Copyright and rights in the nature of, or analogous to, Copyright), Patents and Inventions, Service Marks; Designs and Confidential Information, including all Renewals and Extensions.

15. Parent/Guardian/Primary Account Holder
Means any responsible person/s over the age of 18 that is a caregiver to a Child attending an Early Childhood Education Centre including but not limited to the Parent, Authorised Guardian, Relative, Caregivers and/or any other authorised person and is registered to use this Application.

16. Personal Information
This means the personal details of an Individual including Name, Email Addresses, Phone Number, Physical Address and Login Information including Username and Passwords relating to an individual’s access to the Application and/or Website, for an identifiable individual.

17. Website or Site
Means the Website, https://cubsta.com/, at owned and operated by Cubsta including all areas, parts or features of the Website available to any user to access and/or use without the need to register and/or login to use the Application.

18. User
Means any person or organisation including an Early Childhood Education Service Provider including its Employees and/or Parents/Guardians or any other authorised person that can access and use this application.

ACCEPTANCE OF TERMS OF USE

These Terms and Conditions form a binding Agreement between Pocket Full of Dreams Pty. Ltd t/a Cubsta, ABN – 83625986423, and you as the User of Cubsta’s Application and/or Website. By continuing to view/access and/or use the Application and/or Website, you stand to be in Agreement and acceptance of these Terms and Conditions.

LICENCE

Cubsta grants the Early Childhood Education Service Provider and/or the Parent/Guardian the right to access and use the Application and/or Website for private and non-commercial purposes. Cubsta is an application that allows Early Childhood Education Service Providers (Childcare Centres and Daycare Centres) to undertake day to day tasks (Administrative Tasks) involved in running their operations and facilitates communication and interaction between a Child’s Parents/Guardians and Early Childhood Education Service Providers through the use of multiple mediums including but not limited to the use of Images, Videos and Text which can be recorded, uploaded and shared for the Children it is responsible for and in accordance with this Agreement for the period of this Agreement. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.

As the Early Childhood Education Service Provider, you agree to use your license only subject to your payment of the applicable Fees.

Cubsta reserves the right to revoke access, suspend or terminate the license to use the Application by an Early Childhood Education Service Provider and/or the Parent if there exists reasonable grounds to believe any unlawful or unauthorised activity has taken place including but not limited to 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.

CHANGES

From time to time, to comply with regulatory requirements change and/or changes to Our Service offerings, we amend, modify, update, adapt, suspend, discontinue and/or replace these terms of use with or without prior notice as deemed necessary whether temporarily or permanently. You are therefore encouraged to visit this page regularly to keep abreast with the same. Any updates made to the Terms of Use, are deemed effective immediately. To the best of our ability, we will endeavour to make announcements by way of posting notifications on our Website to any changes that constitute a material change to this Agreement.

Should you wish to continue accessing and/or using this Service post such changes, this would imply your consent and acceptance to the updated Agreement. If such is not the case, you may exit this Website and Our Service offering by way of cancelling your account.

Cubsta will not be liable to any party directly or indirectly for any amendments, modifications, updates, suspension, discontinuation and/or replacement of Our Service, to the extent permissible by law.

DISRUPTION OF SERVICE

To the best of our ability, Cubsta will strive to makes its Application and/or Website available as intended during standard business hours, however occasionally this may not be possible and the Application or Website may be unavailable due to a number of factors within and/or outside of our control including but not limited to system maintenance, malfunction or other development activity of the Service.

As a user of Our Service, you acknowledge the possibility and probability of such disruptions and accept the use of this Service at your own risk. Cubsta shall not be liable for any loss or damage caused or suffered as a result of any partial or total disruption of, or inability to use, the Service.

During such disruptions of Our Service, we highly recommend that you use other forms of storing data and communication for this period of time as you deem necessary.

We will endeavour to rectify all Service disruptions promptly during normal business hours and where this is not possible, we will endeavour to notify all parties in advance the details of the expected disruption/s and expected duration for the same by publishing this information on our Website and/or communicating the same by way of email communication.

CONDITIONS AND RESTRICTIONS OF USE

In engaging with the access and use of this Application, Website and related Services, the user agrees that any and all information provided to Cubsta with the intent of registering as a User and general use of the Service, stands to be true, valid, current and accurate.

In an event that this does not remain the case after you have registered to use the Service and/or commenced the use of the Service, you will notify Cubsta immediately. You agree to refrain from creating and maintaining a Profile/Personal Information of a Child unless explicitly permitted to do so and not attempt to gain access to any Content accessible through the Service pertaining to a Child for which you do not have permission from the corresponding Primary Account Holder.

You agree to refrain from sharing the Profile/Personal Information of a Child with any person/s who are not deemed as authorised viewers associated with the Child in question and ensure that any person who uses the Service on your behalf (including any employee or contractor of yours) or for whom you are responsible complies with these Terms of Use generally.
You agree to share the Profile/Personal Information of a Child only with those that have a genuine ‘need to know ‘information pertaining to the Child, for specific purposes and/or to aid in learning and development. It is your responsibility to ensure that any Content/Personal Information of a Child is kept secure and confidential in an event where Content needs to be shared for educational or developmental purposes associated with the respective Child and not for any other purpose including any other commercial purpose, including but not limited to posting, republishing, reproducing or communicating Content including Child Content or information about any Child appearing on the Service or Application, on or through any other platform, forum or medium (including without limitation social media platform, such as Facebook, Twitter, Instagram, Blogger) unless with the consent of the originator of that material and/or the copyright owner or their respective Primary Account Holder.
You will ensure compliance with your obligation to not use the Service or any Content (including any Child Content) for any illegal, immoral, indecent or inappropriate purpose

Including post any Content or other information or material that is illegal, defamatory, abusive, demeaning, harmful, obscene, hurtful, offensive, objectionable or racist and/or any act or omission to undermine the security or integrity of Cubsta’s or any third party’s systems or networks including infringing any third party’s rights of privacy or Intellectual Property Rights.

You agree and acknowledge that each User who has posted the Content in question and each Primary Account Holder releases Cubsta from any liability associated with acts or omissions that occurs in connection with the corresponding Account and Child Profiles that may contravene the above clause.

You agree and acknowledge that each Centre or Early Childhood Education Service Provider will be responsible for its staff and personnel and liable for any acts and omissions that may contravene the above clause, releasing Cubsta from any liability associated therewith.

Where any Content is deemed to be unsuitable, Cubsta reserves the right to remove this from any Account, Child Profile or Teacher Profile.

A user of Cubsta and its application must be 18 years old at the time of registering for the use of this Service or have the authorisation to access the Service by a Parent/ Guardian. Where authorisation is provided, a Parent/Guardian agrees to be liable for their online conduct, and the consequences of any misuse.

Cubsta takes security very seriously. As a user of this Service, you are liable for any actions of any person/s that has obtained access to your Account (whether they have authorised such access or otherwise. If there are grounds to suspect a breach of security and/or unauthorised use of your Account, you agree to notify Cubsta immediately.

FEES

The Early Childhood Education Service Provider agrees to pay any fees associated with their use of the Application in advance each month. The applicable fee must be paid in the local currency of the country where the Centre to which your Account relates is domiciled. You can pay the agreed fee using the payment methods described on the Website or as otherwise agreed between you and Cubsta.

We will generate an electronic invoice in respect of the Fee each month and email this to the address provided by you for payment within 7 days from the date of invoice or before the first day of the month to which the invoice relates, whichever is earlier (“Due Date”). Failure to pay the agreed fees in accordance with the above may result in suspension or cancellation, whether temporary or permanent of your account and that of all Parents/Authorised Guardians whose Child(ren) attend the respective Childcare centre. All fees are non-refundable and may be subject to change by notice to you. All Fees are inclusive of all taxes.

In an event where an account is no longer in use, we encourage you to immediately download all the data relating to your Childcare Centre that is stored on Cubsta’s Application. We do not take any responsibility for storing or holding the data for non-paying or inactive accounts. We also hold the right to delete any information/data from a non-paying/inactive account as we deem necessary.

A trial will give you 1 month of full access to Cubsta’s Application. During or after the trial period, you can become a paid user by following the prompts provided within the Service and continue to receive full and uninterrupted access. If for any reason you don’t want to continue using the Application or don’t pay for the service after the trial periods ends, then you will have limited access to the Application.

If you are undertaking a 1 month trial of the Application, you may cancel your Account by following the prompts within the Service or by emailing us at care@cubsta.com to avoid payment. The 1 month trial period starts from the day an account is created, whether or not this is activated.

RIGHTS, OBLIGATIONS AND INFORMATION FOR PARENTS

To the maximum extent permitted by law the Australian Consumer Law does not apply because a Parents acknowledges that access and use of Cubsta and its application by and to a Parent is made available by the Early Childhood Education Service Provider and this is provided by Cubsta to the Early Childhood Education Service Provider for a business purpose.

A Parents’ access to Cubsta application to access the Child Data in relation to his or her Child stands true and valid for the duration of the Agreement that exists between Cubsta and the Early Childhood Education Service Provider only.
In an event that this Agreement is terminated between Cubsta and the Early Childhood Education Service Provider either mutually or where Cubsta terminates and/or suspends the account/access of the Early Childhood Education Service Provider, on grounds of breach of this Agreement, or where this Agreement is terminated due to lack of fees payable by the Early Childhood Education Service Provider for the Services rendered, a Parents access to the Application and/or Website shall be restricted with no further rights to access the Application and/or Website automatically.

Where a Parent/Guardian wishes to voluntarily cease access to the Application, a request should be submitted to the Early Childhood Education Service Provider for their account to be deactivated either temporarily or permanently.

In addition to the other rights and obligations applying to Users set out in these Terms of Use, the Parent/Guardian agrees and acknowledges that access to a Child’s Personal Information, when explicit written consent is provided to view and access, may not be limited to any particular person within the Early Childhood Education Service Provider / Centre rights but also other members of that organisation’s educational staff.
However, as a Parent/Guardian, you do have the authority to revoke the access of any person that has access your Child’s Content where there is ground to believe there is unauthorised use and/or access to your Child’s Content without your consent. The Parent/Guardian is the primary account holder and therefore the sole owner of the Content and Profile of a Child in question with authority and power to manage the Child’s Profile including making amendments, providing approvals and revoking access to a Child’s Profile.
You agree to delegate the above roles to, or agree to share these roles with an Early Childhood Education Service Provider for the Child by sending an invitation to, or accepting an invitation from an Early Childhood Education Service Provider to do so.
In that case, the Primary Account Holder agrees that the Child’s Early Childhood Education Service Provider has the authority and power to manage the Child’s Profile including making amendments, providing approvals and revoking access to a Child’s Profile.

RIGHTS, OBLIGATIONS AND INFORMATION FOR CUSTOMER/ EARLY CHILDHOOD EDUCATION SERVICE PROVIDER

Without limiting the other rights and obligations and in addition to the other rights and obligations set out in these Terms of Use, Early Childhood Education Service Provider agree and accept the responsibility of being held liable and accountable for explicitly obtaining consent from the Primary Account Holder/Parent/Guardian of each Child before creating a Child Profile for that Child or uploading that Child’s Content to the Service.

Under no circumstances whatsoever can an Early Childhood Education Service Provider place Content or create a Child’s Account on the Application without the explicit prior written consent of the relevant Child’s Parent. It is the responsibility of the Early Childhood Education Service Provider to ensure the Primary Account Holder/Parent/Guardian has provided consent to amend, including addition, modification and removal of the Child’s Personal Information from the Child’s Profile and the Child’s Profile does not contain any information that may stand to breach the terms of use as set out in this Agreement, including but not limited to Images or Videos of any identifiable Child other than the Child, without consent from persons entitled to provide that consent on behalf of that other Child.

It is the responsibility of the Early Childhood Education Service Provider to ensure compliance with Privacy, and/or Code of ethics and/or Cybersafety, or similar policies required by the organisation. You also agree and acknowledge that where a Centre establishes or maintains a Centre Account, Teacher/Educator Profiles (in whole or part) and associated Content pertaining to that Centre Account may be made available or accessible (by Cubsta) to the Centre who established or maintains that Account.

An Educator has the right to retain copies of parts of Child Content in their own Teacher Profile, only for the purposes of monitoring and recording their own progress and milestones for career advancements, as long as such Content retained is general only in nature and doesn’t specifically and personally identifies any Child and otherwise complies with the above requirements. It is the responsibility of the Educator to maintain such Teacher Profiles during and after their engagement by any particular Centre.

It is the responsibility of the Childhood Education Service Provider to ensure the safety and security of the data is maintained by way of keeping all usernames and passwords confidential. In an event where there has been a breach or suspected breach or unauthorised use of its passwords, Cubsta must be notified immediately.

The Early Childhood Education Service Provider must only share the Personal Information of a Child with those that have a genuine “need to know” the Child’s Personal Information.

A Child’s Personal Information is owned by the Child in question and their relevant Parent/Guardian, in the event that a Child transfers or leaves the Early Childhood Education Service Provider and the Parent/Guardian can request Cubsta to transfer the Child’s Personal Information to another customer site if the new customer site is an existing client of Cubsta and its application.

In an event where a Child is no longer legally enrolled in the Early Childhood Education Service Provider’s care program, and/or at such time when this Agreement is terminated, the Early Childhood Education Service Provider must ensure compliance with the requirement to delete all Personal Information of the Child and notify Parents of this action to have been completed. Cubsta can make available to all Parents the copies of the request to delete data, at any time by contacting Cubsta.

The Early Childhood Education Service Provider has the right to make screenshots of the application to make these available to a third-party with whom they have a Contractual Agreement or are required by law to do so. only with explicit written consent from Cubsta and/or when such screenshots captured are general only in nature without including any Personal Information about any user of the Application.

CONFIDENTIALITY AND PRIVACY

All Personal Information is treated with confidentiality by Cubsta and comply with Privacy Act 1988 (Australia) and General Data Protection Regulation (EU), to the best of our ability, we will never knowingly breach any laws in other jurisdictions.

Cubsta encourages you to familiarise yourself with our Privacy Policy. Cubsta hosts all Personal Information related to Children, in Australia only using third-party service providers (Servers Australia Pty Ltd, ABN 98 125 037 443). Cubsta to the best of its ability endeavours to partner with reputable third-party service providers and vendors under Contractual Agreements which does not grant authority or permission to them in any manner whatsoever to use or disclose the Personal Information we share, with any person/s other than as is necessary to assist us. No Personal Information is controlled, accessed or used except for those limited purposes. You acknowledge and agree that information may be accessible to the local courts, law enforcement and national security authorities in a foreign jurisdiction.

All users of Cubsta’s Application and/or Website acknowledge and agree that Cubsta plays the role of an agent that collects, holds and processes Personal Information in accordance with the Privacy Act 1988 (Australia) and General Data Protection Regulation (EU) on behalf of the Early Childhood Education Service Provider as a client and in doing so, Cubsta complies with the Privacy Act 1988 (Australia) and General Data Protection Regulation (EU). In an event where the Parents has objections/concerns/queries in regards to how a Child’s Personal Information is being used by the Early Childhood Education Service Provider, the Parents will directly request deletion, amendment or removal of such information from the Early Childhood Education Service Provider and abject Cubsta from any responsibility regards to the same.

To the best of our ability, Cubsta will exercise all reasonable efforts to keep all sensitive, personal and or confidential information safe and secure without any disclosures to any person/s except:

1. To the relevant Parents of each Child or Users who have been granted access to a Child Profile by the Primary Account Holder or an Early Childhood Education Service Provider.

2. To staff members of Cubsta and other authorised third-party service providers for the ongoing development of the Application and/or Website as necessary to operate the Service under equivalent obligations of confidentiality and privacy related to the Personal Information of the Child.

3. To staff members and Educators of the Early Childhood Education Service Provider as authorised by them.

4. To any party that Cubsta has received to do so with the explicit written consent of the Primary Account Holder.

5. In accordance with the Privacy Policy of Cubsta.

6. If permitted or required by Law or any Court, or in response to a legitimate request by a law enforcement agency. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

7. In an event where Cubsta (and its assets) are purchased or acquired and such disclosure is necessary and only when the purchaser/acquirer agrees to be bound by corresponding confidentiality and privacy terms).

8. In an event where a group activity is undertaken with multiple Children, Cubsta may make information in respect of that activity available to other Parents.

9. Where the information may be beneficial for the early education sector provided this information is made anonymous or is aggregated into de-personalised information.

You agree to the terms set out in Cubsta’s Privacy Policy. Internet services cannot be guaranteed to be 100% secure in all aspects (including in relation to unauthorised use and disclosure of Personal Information, therefore, you 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 agree to refrain from sharing another User’s and Child’s Personal Information without that User’s or that Child’s Parent’s/Guardian’s explicit permission.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that Cubsta and/or its licensors (if any) are the sole owner, operator and license holder of all Intellectual Property Rights associated with the Service and any other materials relating to the Application and/or the Website created by or on behalf of Cubsta (including but not limited to images, photographs, animations, video, audio, text, software code, functionality, the interface, User feedback and accompanying printed or marketing materials). All Intellectual property in relation to a Child and/or Educator is owned by the relevant party or creator or other copyright owner as applicable and Cubsta does not acquire ownership of any Intellectual Property Rights, including but not limited to copyright, trade-mark or patent or other proprietary rights of Cubsta, in respect of any Content posted through the Service.

All Intellectual property is only licensed on a royalty-free worldwide non-exclusive sub-licensable license basis to Cubsta for the purposes only of providing the Service to Users for the duration of this Agreement. Cubsta will never use a Child or Educator’s Personal Information for public display purposes on the general all access areas of the Website available for the public to access and view and/or for any promotional or marketing activities.

You acknowledge and agree to your responsibility of ensuring any Content posted to the application will not stand to infringe any other person’s Intellectual Property Rights or any law or stand to be a breach of this Agreement. Failure to do so may result in Cubsta to undertake enforceable actions including but not limited to accessing or removing your Content without your permission.

INDEMNITY

Where there is any actual or alleged claim against Cubsta, you agree to indemnify, and keep indemnified, Cubsta, its affiliated companies and its respective directors, officers, employees, agents, representatives, contractors, licensees and successors against any and all liabilities, costs (including legal fees), claims, demands or damages incurred or suffered as a result of use of the Service, including but not limited to breach of this Agreement; your access or use of the Service, or Content posted by you or on your behalf through or at the Service; or violation of any intellectual property or other rights of a third party, by you or any person using your Account or username and password (whether with or without your permission). For any user’s actions, Content or information on the Application, including but not limited to those that infringe a third party’s Intellectual Property rights or privacy rights; Is defamatory, objectionable, obscene or harassing; Is unlawful in any way; or Is otherwise in breach of this Agreement, the user will indemnify and hold harmless Cubsta against all damages

WARRANTIES AND ACKNOWLEDGEMENTS

Cubsta in no manner warrants that its Application and/or Website will meet the Customer’s requirements or that it will be suitable for any particular purpose. This Application and/or Website is offered for access and use on an “as is’ basis and 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. You acknowledge and accept that the use of Cubsta, its Application and/or Website is for the purposes of a business and that, to the maximum extent permitted by law, the Australian Consumer Law does not apply to the supply of the Application and/or Website to the Customer.

LIMITATION OF LIABILITY

Under no circumstances will Cubsta be liable for any loss of data, opportunity, revenue, profit, contracts, business and/or use whether caused by any user, Cubsta, its employees, agents or any other persons acting on its behalf. Cubsta shall not be liable to any person whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. To the extent permissible at law the total liability of Cubsta for any loss arising in connection with this Agreement or the use of this Application and/or Website will not in any circumstances exceed $100 or the total Fee paid to Cubsta under this Agreement in the last 30 days. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

TERMINATION

As a Cubsta application account holder, an Early Childhood education centre may terminate this Agreement for convenience by providing 30 days’ notice in writing to Cubsta. No refunds will be issued by Cubsta in a situation where an account and this Agreement is terminated prior to the end of a month for which it has already been invoiced unless required by law. Cubsta will issue a refund to annual and quarterly prepaid customers based on their unused amount less the 30-day notice requirement. This Agreement will stand to be true and valid only for the duration covered by the Fee paid.

Cubsta may terminate this Agreement and your access to the Application and/or Website if you are found to be in breach of your responsibility of ensuring all fees are paid and failing to act in a manner that suggests all reasonable measures have been undertaken by you to remedify this breach within 14 days of receiving notice of the breach. This Agreement may also be terminated by Cubsta if you are found to have breached this Agreement by acting in a manner that may suggest your actions to be unlawful or unauthorised.

Where you choose to terminate your account, you can download the data that you hold for your Childcare Centre as a CSV file or engage Cubsta to archive the data for a modest annual storage fee to have continued read-only access to data. If Cubsta suspends or terminates your Account, we will remove all Content posted to that Account.

USER INFORMATION

To the best of our Ability, Cubsta will ensure we are treating all Personal Information confidentially and in accordance with the Privacy Act 1988 (Australia) and General Data Protection Regulation (EU). An Early Childhood Education Service Provider may or may not back-up the Content from an Account and/or Child Profile not accessible online, notwithstanding such cancellation or termination.

MISCELLANEOUS INFORMATION

Under any circumstances and/or purposes including but not limited to testing certain features and/or marketing or educational purposes Cubsta does not permit any user to disclose any sensitive information, Content or user feedback without prior written consent from Cubsta. Where written consent is provided by Cubsta, this will only be for the purposes of educational research and to benefit the Early Childhood Education Service Sector. Any information that is disclosed, must only be public/general Content (being Content that does not contain Personal Information) and must not include any Content relating to a Child unless the User gives their prior written consent or, in the case of a Child, the explicit permission of that Child’s Parent/Guardian.

CHILD DATA

As an Early Childhood education provider, you acknowledge and accept that your access to and right to use a Child’s Personal Information is subject to the consent issued by the Parent/Guardian of the Child in question. The Parent/Guardian acknowledges and agrees that once consent is provided, it may not be possible to subsequently remove all information from the Application in relation to their Child. In an event where the Parents has objections/concerns/queries in regards to how a Child’s Personal Information is being used by the Early Childhood education provider, the Parents will directly request deletion, amendment or removal of such information from the Early Childhood Education Service Provider and abject Cubsta from any responsibility regards to the same. The Early Childhood Education Service Provider acknowledges and agrees that all the Personal Information of the Child in question, is the property of the Parent/Guardian, and shall be owned by them in the event where Child transfers or leaving the existing Childcare. Cubsta may or may not assist in transferring of all of the Child’s Personal Information to another customer site, only with the explicit written consent of the Parent/Guardian.

EMAIL COMMUNICATION

As a user of Cubsta’s Application and/or Website, you agree to receive regular emails and written communication from Cubsta which may include updates and information about the Application along with information and offers about other products and Services. You have the right to opt out of receiving this communication, at any time by making contact with Cubsta.

DATA BACK-UP

We strongly suggest that an Early Childhood Education Centre takes regular backups of the information and records that it stores through our Application on our server(s) using our export functionality. These records and information should be stored in a safe and secure manner by the Early Childhood Education Centre.

EXTERNAL VENDORS

You agree and accept that Cubsta may deploy the services of third-party vendors and hosting partners to store and manage Content and facilitate the effective flow technological requirements including hardware, software, networking, storage, and related technology in order to assist with the smooth operation of this application

JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of Commonwealth of Australia, and the parties submit to the exclusive jurisdiction of the Australia courts for any matter arising under or relating to this Agreement.

ASSIGNMENT

Cubsta can without consent assign, transfer or sub-license its obligations under this Agreement.

VALIDITY

Nothing in this Agreement should or can be interpreted as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance. This Agreement will remain in full effect with the limitation or removal of any provision found to be unenforceable or invalid with minimum extent necessary.


Please get in touch with us if you require any additional information.

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