School Calendar Assistant
Welcome!
Confidentiality: We take the confidentiality of your information and information relating to your child very seriously.
myWhānau offers the School Calendar Assistant App (the App) with the aim to help you be better organised and less stressed in managing school events and completing school tasks.
These Terms are entered into between myWhanau Pty Ltd ACN 648 839 605 (we, us or our) and you, the person accepting these Terms (you or your), together the Parties and each a Party.
Your acceptance
You accept these Terms by filling in the registration form for access to the App.
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) the App account is set up; (ii) you accept these Terms; and (iii) you provide the initial information we require from you.
What we will do for you
In consideration of your acceptance of these Terms, 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 paragraph directly below, we must keep confidential, and not use or permit any unauthorised use of, any Confidential Information.
The paragraph 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 the App
As part of our Services, we have developed a quality assurance process which requires 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 (by the School, their staff or parents) and being promptly informed of any changes in information. We take all reasonable steps to include correct information in the App entries and we take all reasonable steps 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.
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, notice of your completion is stored on your personal device and is not visible to other users of the App and is not provided to us. This means that any reminders or deadlines associated with the task will continue to be visible in the App.
What we need from you
You agree: (i) to 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) to only provide access to the App included in our Services to users who are pre-approved by us; (iii) that we may contact you via email and the App to seek your feedback about our App; and (iv) to comply with these Terms, our reasonable requests or requirements, and all applicable laws.
Privacy and storage of your information
We will handle your personal information in accordance with our privacy policy (available on our website and in the App).
Your 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.
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 and 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, 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 any 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.
This clause will survive termination or expiry of these Terms.
Cancellation
You may terminate these Terms at any time by giving us notice in writing. These Terms will terminate and your access to the App will terminate after we receive such notice.
We may terminate these Terms immediately with written notice to you, if: (i) the School closes its account with us; (ii) you breach any material provision of these Terms; (iii) you breach any provision of these Terms and that breach has not been remedied within 10 days of being notified by us; or (iv) for any other reason outside our control which has the effect of compromising our ability to provide our Services.
After our services end
Upon termination of these Terms: (i) we will cease providing our Services (including by disabling your access to the App); and (ii) you will not be able to access the App or any information input into the App or sent to us in connection with the App.
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, or our included Services from time to time. Any change in our Terms, or included Services 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.
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 agreed with the School (or as updated and notified to you from time to time).
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 the School, 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.
myWhanau Pty Ltd ACN 648 839 605
Address: Level 1, 11 York Street Sydney NSW 2000
Email: michelle@mywhanau.com.au
Last Updated: 11 October 2021
