Website Member Agreement
ACCEPTANCE OF TERMS
By checking the "I agree with the KindyPortal Terms & Conditions" checkbox, You ("You")
agree to be bound by the following agreement ("Website Member Agreement"). This site is owned
and operated by KindyPortal Pty Ltd ACN 161 008 779 ("We", "Us"). This agreement
governs Your access to and use of kindyportal.com.au
("Site"), and Your use of the
documentation, collaboration and other services on the Site ("Services"). These terms must
be read in conjunction with any other applicable terms and conditions governing the use of
If You do not agree to this Website Member Agreement please do not
proceed with registration.
We reserve the right, at Our discretion, to update or revise this agreement by posting the new
version on the Site at any time and without separate notice to You. You are responsible to
review this Website Member Agreement periodically for any changes. Your continued use
of this Site or the Service after We post any changes to this agreement constitutes Your
agreement to those changes.
- In consideration of Your registration as a Website Member We grant You access to the
features of the Site requiring registration, subject to the terms of this agreement.
- This agreement begins immediately upon Our acceptance and processing of Your
registration and continues until terminated.
- You must not:
- post or send any material, or do anything which is unlawful, offensive, abusive,
indecent, defamatory or menacing, or in breach of any rights of others;
- cause annoyance, inconvenience or needless anxiety to others;
- post commercial advertisements or promotional material;
- collect information (including information about other users) for purposes outside
this Website Member Agreement; or
- disclose Your user name or password (if any) to any other person.
- You acknowledge that this site is designed for teachers and parents to collaborate and
share information particular to their specific Kindergarten, and may include articles,
photographs, or other information about teachers, parents, and/or students. Due to
the personal nature of this information, you may not share or republish any material
from this site unless given permission by the Director or owner of your Kindergarten or
Comments and Posts
- Our inclusion of Your comment or post on the Site does not imply endorsement or
recommendation of Your opinion. We accept no liability for material contained in any
comment or post or hypertext link to external websites.
- All contents of comment or posts are subject to the approval of your Kindergarten
or Childcare centre. We reserve the right to reject or cancel any comment or post at
any time. Acceptance of any comment or post by Us (including any URL link or other
material contained or embedded in any comment or post) shall not be deemed to
be an acknowledgment by Us that You have complied with any or all relevant laws,
regulations or industry codes. In addition, We have the absolute right to reject any URL
link embodied within any comment or post.
- You acknowledge that We cannot give any guarantee or warranty to the public as to the
accuracy or appropriateness of information nor the accessibility of any of the external
websites referenced on the Site. We cannot accept liability for any use that is made of
the information contained on other websites referenced in the Site.
- You represent and warrant in relation to any material and/or information You provide to
the Site that:
- You are authorised to provide the material and/or information;
- the material and/or information is not passing off, defamatory or a malicious
falsehood in relation to any product, service, person or corporation;
- the material and/or information does not infringe any intellectual property right
including, but not limited to, trade marks, service marks or Website names (whether
registered or unregistered), confidential information and copyright; and
- the material and/or information does not infringe any legislation or regulations of
the Commonwealth of Australia and the State of Queensland, including, but not
limited to, the Competition and Consumer Act 2010 (Cth) and the Sale of Goods Act
1896 (Qld) and equivalent state and territory legislation and any other parliament
competent to legislate in relation to the Site or any law in any country where the
material and/or information is or will be available electronically to users of this Site.
License to use intellectual property
- By uploading any material which is intellectual property including, but not limited to,
copyrighted works, trade marks and service marks (the "intellectual property") on to
the Site, You are granting Us a perpetual, irrevocable, non-exclusive and payment-free
- reproduce, use and exploit such intellectual property for the limited purposes of
posting such material as part of the Site, or to provide other associated services to
You, other registered users, or to Your Kindergarten or Childcare Centre; and
- sub-license others the same rights granted in the sub-paragraph above.
Indemnity and liability
- We are making the Site available for others to publish information without assuming
a duty of care to users. We are not in the business of providing professional advice
and give no warranty, guarantee or representation about the accuracy, reliability or
timeliness or otherwise, of the information contained on the Site or any linked sites.
- To the full extent permitted by law We disclaim any and all warranties, express or
- the accuracy, reliability, timeliness or otherwise of any information contained or
referred to on the Site and/or of any linked sites; and
- merchantability or fitness for any particular purpose for any service or product
contained or referred to on the Site and/or on any linked sites.
- We will not be liable under any circumstances for any loss of profits or any damages of
any kind recognised by law (even if it has been advised of the possibility of such loss of
profits or damages) which are the consequence of You:
- acting, or failing to act, on any information contained on or referred to on the Site and/
or any of the linked sites; and
- using or acquiring, or your inability to use or acquire, any service or product contained
or referred to on the Site and/or any linked sites.
- We do not warrant guarantee or make any representation that:
- the Site, or Our server is free of viruses;
- the functions contained on the Site will operate uninterrupted or are error-free or be
compatible with all browser and operating systems; or
- errors and defects in the Site will be corrected.
- We are not liable to You for:
whether caused through negligence of Us, Our employees, agents or independent
contractors, or through any other cause.
- errors in the information You provide to Us;
- errors or omissions in the Site, or linked sites;
- delays, interruptions or cessation of the Services provided in the Site, or linked sites;
- defamatory, offensive or illegal conduct of any user of the Site; or
- any circumstances affecting Our performance of the services which are caused by
factors beyond Our reasonable control;
- Where any act of Parliament implies in this agreement any condition or warranty, Our
liability for any breach of such condition, or warranty shall be limited, at Our option, to
- the supplying of the services again; or
- the payment of the cost of having the services supplied again; or
- refund of the amount You paid for the services.
- A party will not, without the prior written approval of the other party, disclose the other
party's confidential information.
- A party will not be in breach of this clause in circumstances where it is legally compelled
to disclose the other party's confidential information.
- Each party will take all reasonable steps to ensure that its employees and agents, and
any sub-contractors engaged for the purposes of this agreement, do not make public or
disclose the other party's confidential information.
- Notwithstanding any other provision of this clause, a party may disclose the terms of
this agreement (other than confidential information of a technical nature) to its related
companies, solicitors, auditors, insurers and accountants.
- In this clause ‘Confidential information‘ means information that is by its nature
confidential but does not include:
- information already known to the receiving party at the time of disclosure by the other
- information in the public domain other than as a result of disclosure by a party in
breach of its obligations of confidentiality under this agreement.
- Clause 16 to 21 will survive the termination of this agreement.
- You must not assign or transfer your account to anyone else.
- We may assign or subcontract some or all of Our rights and obligations under the
agreement from time to time, without separate notification to You.
- All support requests should be directed to
- We may terminate your registration for any reason by providing seven (7) days written
notice to You.
- You may terminate your registration for any reason by providing seven (7) days
written notice to Us. Please email your intention to terminate your registration to
and We will delete your account.
- We may immediately terminate this agreement if You are in breach of any term of the
agreement, including any term relating to payment, or if You do any act which might
materially prejudice interests in intellectual property rights subsisting in subject matter
delivered pursuant to this agreement.
- On termination of this agreement for any cause:
- We may at Our absolute discretion, immediately delete all data associated with Your
- We may at Our absolute discretion, leave existing comments or posts active and
visible on the Site indefinitely;
- We will not be liable for any costs, losses or damages of any kind arising as a
consequence of terminating Your access to the Site, deleting or retaining Your data.
- We will not be deemed to have waived any of Our rights under this agreement unless
such waiver is in writing, signed by Us.
- Should any part of this agreement be or become invalid, that part shall be severed from
this agreement. Such invalidity shall not affect the validity of the remaining provisions of
- This agreement shall be governed by and construed according to the laws in force in
the State of Queensland, Australia, and the parties agree to submit to the exclusive
jurisdiction of courts and tribunals of that State.