1. THIS AGREEMENT AND OUR SERVICE

1.1 The Your Child’s Day app (Service) is owned and operated by Innovation Technologies Pty Ltd (ABN 31 619 561 205) (We/Us).

1.2 When you click “I Agree” or “Ok” when signing up to or logging into this Service, you are agreeing to these terms (Terms), which will constitute a legally binding agreement between you and us which will continue to apply while you continue to use the Service.

1.3 If you do not wish to agree to and abide by these Terms, you must not click “I Agree” or “Ok” as the case may be nor use the Service in any way.

1.4 You agree that you are over the age of eighteen years.

1.5 In return for your compliance with the Terms, we will allow you to use the Service.

1.6 You must supply your own hardware and software as necessary to use the Service.

1.7 We may modify or discontinue features of the Service with or without notice.

2. USE OF THE SERVICE

2.1 All associated notices and materials are offered in the English language only unless we specify otherwise.

2.2 You must remain respectful at all times in your communications using the Service. Specifically, you should:

1. treat others kindly and avoid harassment, hate speech, or discrimination;
2. use professional language and avoid offensive content;
3. avoid any discriminatory behaviour based on personal characteristics;
4. respect privacy and obtain consent before sharing personal information;
   and
5. report any violations to our support team.

2.3 Violations may result in warnings, suspension or termination of your access to the Service.

2.4 We may terminate your access to the Service at any time without notice and for any reason.  All restrictions, licences granted by you and all disclaimers and limitations of our liability in these Terms will survive termination, although you will no longer be authorised to access the Service.

2.5 You must not, nor attempt to:

1. transmit to or via the Service any unlawful, threatening, libellous, defamatory, obscene, dangerous, inflammatory, pornographic or profane material, any material that could constitute or encourage conduct that will be considered a criminal offence, give rise to civil liability or would otherwise violate any laws, nor any materials, malware, spyware, computer viruses or other materials which may adversely affect the security or content of the Service or that of anyone else connected to it;
2. violate the security or any security measures of the Service;
3. access any data on or via the Service which is not intended for you;
4. probe, scan or test the vulnerability of the Service or any of our systems or networks;
5. interfere with any other authorised users’ use of the Service;
6. use any device, software or routine to interfere with the proper working of or any activity being conducted on or via the Service;
7. use the Service to:
   
   1. send spam or unsolicited promotional materials;
   2. collect data without permission to create databases;
   3. advertise goods or services;
   4. compete with us or the Service;
8. create user accounts through automated or false means;
9. engage in unauthorised framing or linking;
10. employ automated tools in connection with the Service;
11. sell or transfer your profile;
12. reverse engineer all or any part of the Service;
13. copy or adapt all or part of the code comprising any part of the Service;
14. use information collection mechanisms like cookies in connection with the Service or any of its outputs or inputs; nor
15. launch unauthorised scripts in connection with the Service.

2.6 If you are allocated any login details or other user codes or passwords for your identification or access to the Service, you must keep them private and confidential and must not allow anyone else to log into the Service using those details or codes unless we specifically permit otherwise.

2.7 You agree that we will assume that the person who logs in and accesses the Service using your login credentials is you and that you are responsible for all activities on the Service of any person who logs in using your credentials.

3. PRIVACY AND SECURITY

3.1 We will comply with the Privacy Act 1988 (Cth) in respect of all personal information collected in the course of providing the Service to you and will adhere to the terms of our Privacy Policy located at https://yourchildsday.com/privacy-policy/.

3.2 As a condition of accessing the Service app, you agree to handle any personal information accessed or received through the platform in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth), and not to use, disclose, or retain such information for any unauthorised purpose.

3.3 We store any data used online in accordance with our Privacy Policy and you agree to your information (and that of any children of whom you are a parent or guardian and whose images may be made available via the Service) being stored in this location and accessed in this way and otherwise dealt with in accordance with these Terms and our Privacy Policy.

3.4 Australian Privacy Principle 8 provides in subclause 8.1 that, before we disclose personal information about an individual to a person overseas, we must take such steps as are reasonable in the circumstances to ensure that the person overseas does not breach the Australian Privacy Principles (other than Australian Privacy Principle 1) in relation to the information.

3.5 However, if you consent to our disclosure of Your personal information (or that of any children of whom you are a parent or a guardian) to overseas recipients, that subclause 8.1 will not apply to that disclosure and we will not be accountable for disclosure of your personal information under the Privacy Act.

3.6 When you click “I Agree” or “Ok” when signing up to or logging into this Service, or by your use of the Service, you are providing that consent.

4. INTELLECTUAL PROPERTY

4.1 Materials available on the Service are our property and may not be modified, copied, or distributed without our consent.  Trademarks and service marks are owned by us or our licensors.

4.2 The Service and all technology used to deliver the Service are our sole property or that of our suppliers and are protected by laws relating to intellectual property, including copyright laws, and international treaty provisions.

4.3 The compilation, organisation and display of the content as well as all software and inventions used on and in connection with the Service are and remain our exclusive property or that of our suppliers.

4.4 We reserve all rights in the Service and its content not specifically granted in any agreements with us or in these Terms.

4.5 Unless otherwise specified, all intellectual property rights in or arising out of provision of the Service will vest upon their creation solely in us.

4.6 You must not without first having our express permission attempt to copy, alter or reproduce in any form, whether in hard copy or electronically through any medium whatsoever, any part of the Service nor any materials other than those we expressly allow you to download as part of the Service.

4.7 All copyrights, trademark rights and other rights in or arising out of any part of our Service and any relevant materials, are either owned by or under licence to us.  We reserve all of those rights.

5. OUR WARRANTIES, LIABILITY AND INDEMNITIES

5.1 The Service is provided on an “as is” basis.

5.2 Other than as specifically set out in these Terms, all warranties, including any implied warranties for fitness for use or merchantability or any other duties required under common law are excluded to the extent permitted by law.

5.3 We will not be liable for any special, indirect or consequential damages or damages resulting in, any loss of profit, loss of goodwill, loss of business opportunity, loss of revenue or any other damage, costs, expenses or other claims even if such claims or damages arose as a result of our negligence or under any other tortious action while providing the Service to you or as a result of your use of the Service.

5.4 We do not warrant and are not liable for any actions, omissions or information provided by any person using the Service.

5.5 We do not warrant that your use of the Service will yield any particular result for you or anyone else nor that it will meet any needs you or anyone else may have.

6. GENERAL MATTERS

6.1 The headings set out in these Terms are for convenience only and shall not in any way affect the interpretation of these Terms.

6.2 These Terms may only be amended by a further written agreement entered into between the parties.

6.3 In these Terms, the words “include”, “includes” and “including” are not words of limitation.

6.4 If any provision of these Terms is determined to be void, illegal or unenforceable by any law or regulation of any government or by any court, such provision will be severed from these Terms and the remaining parts, terms and provisions will remain enforceable.

6.5 These Terms and your relationship with us pursuant to these Terms are governed by the laws of Queensland, Australia, and shall not be subject to or governed by The United Nations Convention on Contracts for the International Sale of Goods or any other similar or replacement Convention.

6.6 You unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the courts of Queensland for the purpose of resolving any disputes pursuant to these Terms.

6.7 These Terms constitute the entire agreement of the parties and supersede all prior understandings, negotiations, agreements, written or oral, express or implied.

6.8 No waiver or breach of any of these Terms shall constitute a precedent or a waiver of any succeeding or other breach of the same.

6.9 When from time to time you log into or seek to access relevant parts of the Service, you may be asked to agree to our then current terms and conditions.  We do not warrant that on any such occasion those terms and conditions will be the same as set out in this document.

Last updated: 23 April 2025