Kids Get Money Terms of Use
These terms and conditions (Terms) apply to your use of Kids Get Money. These Terms are a legal contract between you and Kids Get Money Pty Ltd. You cannot subscribe for and use Kids Get Money without agreeing to these Terms and the terms of our Privacy Policy as may be updated from time to time.
1. Not Financial Advice.
The information and teaching resources available on Kids Get Money is not professional advice. Kids Get Money is not a financial adviser. You should consider seeking independent financial, legal, taxation or other advice to check how any information on the site relates to your unique circumstances. Kids Get Money is not liable for any loss caused whether due to negligence or otherwise arising from the use of, or reliance on, the information provided directly or indirectly by the use of Kids Get Money.
2. Subscribing to and using Kids Get Money.
2.1 Services. We agree to supply, and you agree to use, Kids Get Money in accordance with these Terms.
2.2 Subscription Plans. Kids Get Money offers a range of subscription plans. To see the range of subscription plans that are available please see our website (Subscription Plans). Subscription Plans have varying product and user inclusions and limitations which will also be described on the website.
2.3 Access to Kids Get Money. To access Kids Get Money, you must purchase a Subscription Plan. As a Subscriber, you control access to your Kids Get Money product by giving access to Users. Only the designated account administrator can modify or remove User access by contacting Kids Get Money. Subscribers must not provide Kids Get Money with the personal details of any User whose information is restricted and cannot be shared with other data processors for any reason.
2.4 Things you shouldn’t do when using Kids Get Money.
When accessing Kids Get Money, you must not:
- share your password or log in details with anyone or use it contrary to your designated Subscription Plan;
- copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any Kids Get Money content including the educational materials (except where we have given you express permission in accordance with these Terms);
- use Kids Get Money in a way that contravenes any law or infringes a third party’s legal rights including Intellectual Property Rights;
- interfere with the operation of Kids Get Money;
- reverse-engineer, decompile, or otherwise attempt to discover source code, formulae or processes in respect of the software behind Kids Get Money;
- use Kids Get Money in any way which is: harmful, threatening, abusive, or otherwise objectionable;
- directly or indirectly, introduce or permit the introduction into Kids Get Money of any software viruses or other malicious computer code, files or programs, or in any other manner whatsoever corrupt, or limit the functionality of Kids Get Money.
2.5 Things you should do when using Kids Get Money. When using Kids Get Money, you must do so in accordance with the following general responsibilities and obligations:
Provide current contact details. You must ensure that we have your up-to-date contact details.
Secure your data. You must ensure that your username and password are not misused, and remain secure and confidential. You should never tell anyone your username and password;
Users: You must ensure that all Users are aware of the obligations in 2.4 (where relevant) and 2.5 above.
2.6 Children. The amount of Personal Information that we collect and store from children is limited and deleted after the program has been delivered in full. Please refer to our Privacy Policy for further information. It is the sole responsibility of the Subscriber to obtain any consents from children using Kids Get Money that it determines are necessary to comply with its own legal obligations, taking into account the information that we collect and store as set out in our Privacy Policy.
3. Pricing and Fees
3.1 Fees: The applicable Fees will be disclosed during your sign-up process when you select your Subscription Plan.
3.2 Term: Your Subscription Plan will run for 12 months. We will contact you prior to the end of the Term to discuss whether you wish to renew your Subscription Plan. A different Fee may apply for any subsequent Term.
3.3 Payment Terms: Kids Get Money offers 14-day payment terms, meaning that you must pay the invoice within 7 days of receipt of invoice. You must pay all Fees by the due date stated on the invoice. We will not activate your Subscription Plan unless we have received payment.
3.4 Sponsor Pays: If you are nominating a third-party sponsor to pay the Fees on your behalf please contact us and we will arrange the invoice to be in the name of the third party sponsor. We will not activate your Subscription Plan unless we have received full payment.
3.5 GST: All Fees are subject to GST. If a Fee is stated as being GST inclusive, then it already includes the GST. If a Fee doesn’t say it’s GST inclusive, then we will add GST to the amount.
4. What you own: Subscriber Materials
4.1 Ownership of Subscriber Materials. The Subscriber owns and is responsible for the Subscriber Materials.
4.2 Licence to Subscriber Materials. The Subscriber grants to us a non-exclusive and royalty-free licence to use the Subscriber Materials to perform our obligations under these Terms or for other purposes to which you expressly consent from time to time.
4.3 Rights in Subscriber Materials. You warrant that you have all necessary rights to grant us the licence to Subscriber Materials under section 4.2.
4.4 Accessing archived Subscriber Materials after termination. Please ensure that you keep copies of the Subscriber Materials as we may not archive, store or back up the Subscriber Materials.
5. What we own
5.1 Ownership of Kids Get Money. We own or have a right to use all aspects of Kids Get Money including but not limited to our documents, lesson plans, educational materials, software, templates, marketing material, trademarks, business names, logos, trading styles, get-up, processes, methodologies and any of our other Intellectual Property Rights.
5.2 Licence to use Kids Get Money. Subject to your payment of the Fees, we grant you a non-exclusive, revocable, and non-transferable licence to use Kids Get Money in the way that we authorise. We grant you an exclusive, revocable, and non-transferable licence to use the educational materials and lesson plans during the period that your Subscription Plan is active:
Schools, charities or other educational institutions: for educational, non-commercial use only and subject to the number of licences you have purchased;
Personal use: for personal, non-commercial use only and subject to the number of licences that you have purchased.
6. Third Party Applications
6.1 Third Party Applications. We may link to Third Party Applications. Third Party Applications may be subject to their own additional terms of use. We make no warranties in relation to any Third Party Applications.
7. Availability
7.1 Disruption. Kids Get Money may be disrupted during certain periods, including but not limited to a result of acts of third parties, telecommunications issues, maintenance or other circumstances beyond our control. You acknowledge and agree that we make no representations, warranties or guarantees in relation to the availability, continuity, reliability or security of Kids Get Money or Third Party Applications.
7.2 System maintenance. Where Kids Get Money is unavailable because of system maintenance or repairs, we will try to inform you beforehand.
7.3 No liability. To the extent permitted by law, we are not responsible or liable to you or the Subscriber for any Loss or Claim arising from Kids Get Money or any part of it being delayed, disrupted or unavailable.
8. Termination
8.1 How can you cancel your Subscription?
By giving notice. The designated administrator of your account can cancel your Subscription Plan at any time. This can be done by contacting us at support@kidsget.money. If you cancel, you will continue to have access to your Subscription Plan through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial subscription periods.
For breach. You may terminate your Subscription Plan if we fail to remedy a material breach of these Terms within 14 days of you giving us notice of the breach in writing.
8.2 How can we cancel your Subscription?
Kids Get Money can terminate your Subscription Plan at any time by providing you with at least 30 days written notice, in which case you will be refunded for the unused portion of your subscription period. Kids Get Money can terminate or suspend your access immediately without prior notice if:
- you fail to remedy a material breach of these Terms within 10 days after we give you notice of the breach;
- you fail to pay overdue Fees; or
- you go into liquidation, administration, insolvency, bankruptcy or such other similar arrangement with creditors. In each of these three situations, you will not be provided with a refund or credit for any partial subscription period.
8.3 What happens on Termination?
On the date that termination of your Subscription Plan is effective you and any Users will no longer be able to access Kids Get Money including your Subscriber Materials.
9. Liability, Warranties, Representation, and Indemnities
9.1 Liability
If you accept these Terms, they do not exclude, restrict or modify the application of any part of the Australian Consumer Law (ACL).To the extent permitted by law, we provide no warranty and make no claim in relation to our performance, the performance of Kids Get Money including Third Party Applications.
Our liability to you for any non-compliance with a statutory guarantee, or Loss or Claim arising out of or in connection with the supply of goods or services under these Terms, or any breach by us of these Terms however arising (including negligence), is limited to: the resupply of Kids Get Money; or the cost of re-supplying Kids Get Money.
To the extent allowed by law, representations, conditions, warranties and terms that would otherwise be expressed or implied in these Terms by general law, statute or custom are expressly excluded.
To the extent allowed by law, under no circumstances will we be responsible for any consequential or indirect Loss, suffered by you or any third party in connection with Kids Get Money our website or services or these Terms.
9.2 Indemnity to us and Third Parties.
You indemnify us, our staff and other Third Parties (Indemnified Parties) against any Loss or Claim suffered or incurred by the Indemnified Parties or any of them arising from your (and your Users) negligence, misrepresentation, fraud, breach of law or breach of these Terms or the loss or misuse of your password and username. If the Indemnified Party caused or contributed to a Loss or Claim, then your liability is limited to the amount of the Loss or Claim which is directly attributable to your conduct.
10. Changes
10.1 Changes to these Terms and Kids Get Money.
We may change any of these Terms or discontinue or make changes to our products, including Kids Get Money. This might include discontinuing the product, adding or removing features, or changing the inclusions in our product.
10.2 Prior notice.
We’ll give you at least 30 days’ prior notice of any change that is likely to materially affect or disrupt the way you use Kids Get Money.
10.3 Urgent changes.
In some special and urgent cases usually relating to security, we may change your use and access to Kids Get Money without advance notice.
10.4 Right of termination.
If we make a change to Kids Get Money in a way that is likely to materially affect or disrupt the way you use Kids Get Money; or these Terms, then you have the option to terminate your Subscription by giving notice in accordance with section 8.1.
11. Other
11.1 Notice.
You agree that all communications between you and us in relation to Kids Get Money will be by email, or by us posting a notification on our website. Any notice or other communication to or by a party by email is taken to be received at the time of transmission as recorded from the sender’s e-mail exchange (unless the sender receives a delivery failure notification indicating that the email has not been delivered). If the delivery or receipt is after 5.00pm (addressee’s time) it is regarded as received at 9.00am on the following day.
11.2 This is our complete agreement.
These Terms constitute the entire agreement between us.
11.3 Severability.
A term or part of a term of these Terms that is illegal or unenforceable may be severed from the Terms and the remaining terms or parts of the terms under the Terms continue in force.
11.4 Assignment.
You cannot assign or otherwise transfer the benefit of the agreement between us and you without our prior written consent. We can assign or otherwise transfer the benefit of the agreement between us and you at any time.
11.5 Jurisdiction.
These Terms are governed and construed by the laws of Victoria.
11.6 Disputes and Customer Complaints.
If you have any questions, complaints or claims that you wish to raise with Kids Get Money you can contact us at support@kidsget.money.
12. Definitions
The following expressions have the following meaning:
Fees means those fees relating to your Subscription Plan as disclosed to you when you initially signed-up.
Intellectual Property Rights means all present and future intellectual property rights, including patents, copyright, designs, trade marks, know how and moral rights.
Loss or Claim means any loss, liability, claim, action, proceeding, damage, compensation, cost or expense (including all reasonable legal costs and expenses), including liability in tort and any consequential or economic losses.
Personal Information means that term as defined in the Privacy Act. Basically, this is information about an identifiable individual.
Privacy Act means the Privacy Act 1998 as amended or replaced from time to time.
Subscription Plans has the meaning given to it in section 2.
Subscriber means the business or individual that subscribes to Kids Get Money.
Subscriber Materials means data, information, (including Personal Information) and other materials entered or uploaded by you or Users into Kids Get Money.
Subscription means your subscription to Kids Get Money.
Third Party Application means any application or service offered by a third party to integrate and be used in conjunction with Kids Get Money.
Third Party means any person we have engaged to help us provide Kids Get Money. This includes any other service providers engaged by us to assist in the delivery, maintenance and administration of Kids Get Money.
User means a person authorised by the Subscriber to use Kids Get Money;
We, us and our means Kids Get Money Pty Ltd;
You and your means the Subscriber and User as applicable.
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