Terms & Conditions

1    Introduction
(a)    Kids Connecting Parents Pty Ltd (ACN 664 219 416) is referred to in these Terms and Conditions as KCP or “we”, “us”, “our” and similar.
(b)    We provide access to downloadable software called the KIDS CONNECTING PARENTS application for social networking between parents and carers who have lost a child, and associated software support services (Goods and Services).
(c)    The website at the domain name https://www.kidsconnectingparents.com (Website) is owned and operated by us.
(d)    We reserve the right to change these Terms and Conditions:
(i)    with reasonable prior notice to you, the reasonableness of the time period depending on the nature of the change, where urgent or safety related changes are effective immediately and other changes might be effective after up to 1 month;
(ii)    where the notice is provided in writing, by updating these Terms and Conditions on the Website or emailing you the updated Terms and Conditions or via any other reasonable method chosen by us from time to time; and
(iii)    without giving you any explanation or justification for such change.
(e)    By accessing the Website or any KIDS CONNECTING PARENTS social media site, purchasing, downloading, creating an account for and/or accessing and/or subscribing to the KIDS CONNECTING PARENTS application, providing us with any material or information, via the Website, any KIDS CONNECTING PARENTS social media site or KIDS CONNECTING PARENTS application, or via email, telephone or otherwise; you are agreeing to the Terms and Conditions, as listed on our Website at that time.
(f)    We suggest that each time you access our Website you read the Terms and Conditions.
2    Definitions
Customer Data means all text, pictures, photographs, sound, graphics, video, personal information including address details, geolocation data and other data manually input by you into your Account or collected by the KIDS CONNECTING PARENTS application about you as a consequence of your use of the KIDS CONNECTING PARENTS application.
Moral Rights has the meaning given under the Copyright Act 1968 (Cth) and includes any similar rights existing in other countries.
3    Safety and wellbeing
(a)    You acknowledge and agree that we are not providing medical or mental health care and it is imperative that you work with your general practitioner, psychologist, psychiatrist and other persons in your team of medical professionals to ensure you are adequately cared for. You should seek clearance from your relevant medical care provider to use the Goods and Services, and continue to seek care from your relevant medical and/or mental health care provider whilst using the Goods and Services. You should discontinue use of the Goods and Services immediately if your medical or mental health care provider recommends it or you identify that the Goods and Services are having any detrimental effect on your physical or mental health. .
(b)    In the event you subscribe to the KIDS CONNECTING PARENTS application, your Account settings will give you the option to indicate you are “Able to give emotional support” to other users of the KIDS CONNECTING PARENTS application. It is your responsibility to monitor the impact of your availability to other users on your mental health and the mental health of others. If at any time you need a break from providing support, you must untick the “Able to give emotional support” box or choose the “Take a Break” option in your user settings. These options will let other users know you are currently unavailable. When providing emotional support, you must never indicate you have qualifications that you do not have. You must always advise other users to seek professional medical and/or mental heatlh care. You must not physically or mentally harm any person to whom you are providing emotional support. If you are receiving emotional support from any other user, you must be mindful of how much you are depending on other users and the impact it may have on their own mental and physical health and wellbeing. It is your responsibility to terminate this relationship of emotional support in the event the other user is acting in breach of these Terms and Conditions or is otherwise detrimental to your health and wellbeing.
(c)    You acknowledge and agree that we cannot vet the truth of what you or third parties tell us. We do not vet the safety, or intentions, of users of the KIDS CONNECTING PARENTS application.  You acknowledge and agree that you will take all reasonable safety precautions to protect yourself, your family and/or your belongings from other users of the KIDS CONNECTING PARENTS application, including by being cautious about what information you share with other users and where and how you agree to meet with other users.
(d)    If you feel another user is violating your own or other’s privacy or confidentiality or is otherwise acting detrimentally to users of the KIDS CONNECTING PARENTS application, or their behaviour is inappropriate or breaches these Terms and Conditions, you must report it immediately by using the “Report a User” button in the KIDS CONNECTING PARENTS application. If you have any serious concerns, including any past or future criminal activity, if there is any urgent need for assistance, or if you feel immediately threatened, please call your local emergency services. 
(e)    We will provide Goods and Services that arose out of our own grief and loss. You acknowledge and agree that all situations are different. We make no warranty that our Goods and Services will help you to heal from your grief and loss. You acknowledge and agree that we are not liable for any adverse outcome, loss or damage to you or any other person in the event that your use of the KIDS CONNECTING PARENTS application is detrimental to you or any other person.
(f)    If you feel emotional distress due to your inability to access the Website, any KIDS CONNECTING PARENTS social media site, the KIDS CONNECTING PARENTS application, due to waiting on support to assist with your support request, temporary or permanent deactivation of your account, maintenance or other interruption, you must contact a health care provider.
4    Website, Social Media Site, Software and App 
4.1    Intellectual Property
(a)    Nothing in these Terms and Conditions constitutes a transfer of any Intellectual Property Rights.
(b)    The material on the Website, any KIDS CONNECTING PARENTS social media site, and the KIDS CONNECTING PARENTS application is copyright © 2022 and onwards to KCP and other copyright owners.
(c)    All logos, brand names and service names that identify us on the Website, any KIDS CONNECTING PARENTS social media site, and the KIDS CONNECTING PARENTS application are our copyright works and/or our trade marks. All articles, blogs, biographies and other information on this Website, any KIDS CONNECTING PARENTS social media site, and the KIDS CONNECTING PARENTS application are our copyright works, unless otherwise specified. All other copyright works and/or trade marks on this Website, any KIDS CONNECTING PARENTS social media site, or KIDS CONNECTING PARENTS application are the property of their respective owners. We reserve all intellectual property rights, including, but not limited to, copyright and trade mark rights in all content published on this Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application, or otherwise connected with the Goods and Services (Intellectual Property Rights). You must obtain written permission before using any Intellectual Property Rights. Any unauthorised use of Intellectual Property Rights may violate contractual, copyright, trade mark, Moral Rights and other rights or legal protections and could result in criminal or civil penalties.
(d)    You acknowledge that we (or any third party licensors of ours) own all Intellectual Property Rights.
The Website, any KIDS CONNECTING PARENTS social media site, or the KIDS CONNECTING PARENTS application is exclusively for connecting grieving parents and carers for the purpose of providing mutual emotional support through the grief process. You will not use the Website, any KIDS CONNECTING PARENTS social media site, and/or the KIDS CONNECTING PARENTS application or the Intellectual Property Rights, for any other purpose. 
(e)    When using the Website, any KIDS CONNECTING PARENTS social media site, or the KIDS CONNECTING PARENTS application, you must not:
(i)    breach any laws, including any relevant legislation of the Commonwealth and the State of Queensland, or of the location where you are accessing the Website, any KIDS CONNECTING PARENTS social media site, or the KIDS CONNECTING PARENTS application;
(ii)    use the Website, any KIDS CONNECTING PARENTS social media site, or the KIDS CONNECTING PARENTS application to cause harm to any other user;
(iii)    use the Website, any KIDS CONNECTING PARENTS social media site, or the KIDS CONNECTING PARENTS application in any way that could damage our reputation;
(f)    We reserve the right to serve you with notice if we discover that you are involved in:
(i)    introducing malware;
(ii)    spamming, hacking, or bypassing our systems or protective measures;
(iii)    jailbreaking, adversarial prompting, or prompt injection, except as part of our safety and bug testing programs;
(iv)    accessing or using the Website, any KIDS CONNECTING PARENTS social media site, and/or the KIDS CONNECTING PARENTS application or the Intellectual Property Rights in fraudulent or deceptive ways, such as:
•    phishing
•    creating fake accounts or content, including fake reviews
•    misleading others into thinking that generative AI content was created by a human
•    providing services that appear to originate from you (or someone else) when they actually originate from us
•    providing services that appear to originate from us when they do not
•    using our Goods or Services to violate anyone’s legal rights, such as intellectual property or privacy rights
•    reverse engineering our services or underlying technology, to extract trade secrets or other proprietary information, except as allowed by applicable law
•    using automated means to access content from any of our Websites, any KIDS CONNECTING PARENTS social media site, and/or the KIDS CONNECTING PARENTS application for example, by crawling, training, or other activities
•    using AI-generated content from our Website, any KIDS CONNECTING PARENTS social media site, and/or the KIDS CONNECTING PARENTS application to develop machine learning models or related AI technology
•    hiding or misrepresenting who you are in order to violate these terms
•    providing services that encourage others to violate these terms
(v)    reproduction of the Intellectual Property Rights in any material form;
(vi)    distribution of the Intellectual Property Rights in any material form;
(vii)    selling of the Intellectual Property Rights in any material form;
(viii)    re-transmission of the Intellectual Property Rights by any medium of communication;
(ix)    storing the Intellectual Property Rights in any storage media;
(x)    uploading or reposting the Intellectual Property Rights to any other site on the Internet;
(xi)    modifying or copying the layout of the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application;
(xii)    modifying or copying any computer software or code contained in the Website or KIDS CONNECTING PARENTS application; 
(xiii)    “framing” the Intellectual Property Rights on the Website with other material on any other website; 
(xiv)    reformatting the Website or any of the Intellectual Property Rights on the Website;
(xv)    metatag or mirroring of the Website; and
(xvi)    using data mining robots or other extraction tools in relation to the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application.
(g)    Despite the above restrictions on use of the material on the Website, you may download content from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the content.
(h)    You will not directly or indirectly do anything that would or might invalidate or put in dispute our title in the Intellectual Property Rights.
(i)    If any person makes any claim alleging that any of the Intellectual Property Rights are invalid or infringe any intellectual property or Moral Rights or any other rights of any person, or if you know or suspect that the intellectual property or Moral Rights or any other rights of any other person are being infringed by us, you must:
(i)    immediately notify us in writing;
(ii)    not make any admissions or take any action in relation to the claim without the prior written consent from us;
(iii)    permit us control over any and all investigations, negotiations, settlement and dispute resolution proceedings relating to the claim; and
(iv)    cooperate with, assist and act at all times in accordance with the reasonable instructions of us, in relation to the claim and any consequent investigations, negotiations, settlement and dispute resolution proceedings.
4.2    Linked Sites
(a)    The Website and the KIDS CONNECTING PARENTS social media sites contain links to sites on the Internet owned and operated by third parties and which are not under our control.
(b)    In relation to the other sites on the Internet, which are linked to the Website and KIDS CONNECTING PARENTS social media sites, we:
(i)    provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement, support or sponsorship by us of the operator of that linked site nor of the information and/or products or services and/or content of the linked site; and
(ii)    take no responsibility for the content and material or maintenance of any linked site; and
(iii)    take no responsibility for the privacy compliance by any linked site, and in particular note that we are not responsible for how the owners and operators of any linked site collect, use or disclose your personal information, so it is important to familiarise yourself with their privacy policies before accessing or using them or providing them with your personal information (which they may collect through the use of cookies) when you visit them.
(c)    This Website may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
(d)    You may link our Website with our consent.  Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website's contents, including any intellectual property notices, and you must not frame or reformat any of our pages, files, images, text or other materials. 
4.3    Third Party Platforms
(a)    Any use of any KIDS CONNECTING PARENTS social media site or KIDS CONNECTING PARENTS application will be subject to the terms of that social media platform or application store. You acknowledge that we have no control over the terms of any social media platform or application store and you must separately agree to comply with the terms of any social media platform or application store, as well as these Terms and Conditions, in order to access any KIDS CONNECTING PARENTS social media site or KIDS CONNECTING PARENTS application.
4.4    Accuracy of Information
(a)    We endeavor to ensure that details, descriptions, images and prices of Goods and Services appearing on the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application are correct at the time when the relevant information is entered onto the system.
(b)    Subject to the Australian Consumer Laws, to the full extent permitted by law we disclaim any and all warranties, express or implied, regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application, or of any linked sites.
(c)    We may remove any material or information from the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application, including but not limited to links to other sites on the Internet, at any time without giving any notice, explanation or justification for removing the material or information.
(d)    Subject to Australian Consumer Laws, we will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if we have been advised of the possibility of such loss of profits or damages) which are the consequence of:
(i)    Any inaccuracy of any information or material on the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application, or any linked sites;
(ii)    Our removal of any information or material from the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application, or any linked sites;
(iii)    You or any other party acting, or failing to act, on any information contained on or referred to on the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application or any of the linked sites; and
(iv)    You using or acquiring, or your inability to use or acquire, any Goods or Services contained or referred to on the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application or any linked sites.
4.5    Maintenance
(a)    We reserve the right to perform maintenance and upgrades to the Website, KIDS CONNECTING PARENTS social media sites, and KIDS CONNECTING PARENTS application at any time and from time to time.
(b)    We will endeavour to provide you with reasonable notice of maintenance and upgrades by posting details on the Website:
(i)    at least 24 hours in advance in the case of scheduled maintenance or upgrading that will result in an outage of more than 120 minutes; or
(ii)    as soon as practicable after becoming aware of the need for unscheduled maintenance that will result in an outage of more than 120 minutes.
4.6    Viruses, Interruptions, Errors and Defects
(a)    We do not warrant, guarantee, or make any representation that:
(i)    the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application, or the server that makes the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application available on the Internet, or any linked sites are free of software viruses, trojans, worms, logic bombs or other malware or material which is malicious or technologically harmful;
(ii)    the functions contained in the KIDS CONNECTING PARENTS application, and any software contained on the Website, any KIDS CONNECTING PARENTS social media, or any linked sites, including access to your Account will operate uninterrupted or are error-free; or
(iii)    errors, defects or omissions in the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application, or any linked sites, will be corrected.
(b)    Subject to Australian Consumer Laws, we are not liable to you for:
(i)    any viruses, trojans, worms, logic bombs or other malware or material which is malicious or technologically harmful and that may affect your computer software or hardware or otherwise affect you as a consequence of you accessing the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application, or any linked sites;
(ii)    interruptions, including delays to or cessation of access to the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application, or linked sites, including access to your Account;
(iii)    errors, defects or omissions in the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application or linked sites on the Internet; or
(iv)    defamatory, offensive or illegal conduct of any user of the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application, or any linked sites,
whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.
(c)    You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application, or any linked sites.
4.7    Uploaded Material 
(a)    You represent and warrant in relation to any material or information you upload to the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application that:
(i)    You are authorised to provide the material or information in accordance with these Terms and Conditions;
(ii)    The material or information:
•    is accurate and complete;
•    is not offensive or illegal;
•    is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
•    is not third party confidential information;
•    is not the “passing off” of any product or service, is not misleading or deceptive, and does not constitute unfair competition;
•    does not infringe any intellectual property right including, but not limited to copyright and trade mark rights;
•    does not infringe any legislation or regulations of the Commonwealth of Australia (including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL)) and the State of Queensland and any other parliament competent to legislate in relation to the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application or any law in any country where the material or information is or will be available electronically to users of the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application; and
•    does not otherwise infringe upon the contractual or common law rights of any person or corporation.
(b)    We acknowledge that you own all right, title and interest in and to the Customer Data.
(c)    By uploading any Customer Data and other material that is protected by intellectual property rights including, but not limited to, copyright and trade mark rights on to the Website, any KIDS CONNECTING PARENTS social media site, and/or the KIDS CONNECTING PARENTS application you are granting us a perpetual, non-exclusive, transferrable, sublicensable, worldwide and payment-free licence to:
(i)    reproduce, use and exploit the Customer Data and other material uploaded by you, including any intellectual property, to the full extent permitted by intellectual property law in any jurisdiction in which the Website,  any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application is available to users, for any purpose including but not limited to the purpose to provide and improve the Goods and Services to you and other persons, both during and after the Term; and
(ii)    allow us to sub-licence others the same rights granted to us in clause 4.7(c)(i) above.
(d)    You consent, and warrant that you have obtained all relevant third party consents, to a breach by us, any transferee, or any licensee or other person authorised by us to use the intellectual property uploaded by you, of any Moral Rights in any copyright in the intellectual property uploaded by you and waive the right to, and warrant that you have obtained all necessary third party waivers of the right to, take any action against us, any transferee, or any licensee or other person authorised by us to use the intellectual property uploaded by you for such breach of any Moral Rights in any copyright in the intellectual property uploaded by you.
(e)    You consent to us emailing you at any email address you provide to us, or telephoning you on any phone number you provide to us, and you have taken steps to ensure that it is safe for you to be contacted by us via these means.
(f)    You acknowledge that the Goods and Services provided by us may be affected by the information you provide to us. We will not be liable for any advice that is incorrect due to your failure to provide accurate and complete information.
4.8    Returns and refunds
(a)    Except for any provisions to the contrary contained in these Terms and Conditions, we are not under any duty to refund the subscription fee to the KIDS CONNECTING PARENTS application paid upfront by you. We will do so only on terms to be agreed in writing in each individual case.
(b)    In particular, we make no warranty that there will be any other users of the KIDS CONNECTING PARENTS application in your geographic area, or having a comparable cause of grief, or fitting your preferred gender, age and other profile data. Any lack of fellow users is not a basis for requesting a refund of the subscription fees for the KIDS CONNECTING PARENTS application.
4.9    Advertising
(a)    We may advertise wellbeing professionals and/or healing modalities from time to time. In promoting any product or third party service provider, we shall rely on information we are given as to the quality of the goods and services, including the qualifications of the service provider but take no responsibility for that selection and give no warranty as to the ability of any service provider to appropriately carry out the task or as to the quality of that service provider's work. We make no warranty that they will meet any deadline, achieve any outcome, or adhere to any fee estimates, and take no responsibility for their work or how they carry out their instructions.
(b)    You agree that you will conduct your own due diligence regarding any goods you purchase or any service provider you engage, and that you accept full responsibility for purchasing those goods and/or engaging that service provider.
4.10    Liability
(a)    You release us from any liability relating to any goods and/or any act or omission of any service provider advertised by us.
(b)    We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:
(i)    in relation to or in connection with any material or information supplied in respect of advertising on this Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application; 
(ii)    as a consequence of removing any material or information uploaded by you from this Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application.
(c)    We may terminate access to the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application.
(d)    We will not be liable in respect of any incidental, special, punitive or consequential damages of any kind in connection with any Goods or Services we provide. 
(e)    If you claim compensation, damages or contribution from us for loss or damage arising from acts or defaults (including negligence) on our part and some or all of that loss or damage was due to or contributed to by:
(i)    your own acts or defaults or by the acts or defaults of other persons for whose actions or defaults you are responsible; or 
(ii)    the acts or defaults of one or more other persons, not being partners, employees or agents for whose conduct we are responsible, 
then we will be liable only for that proportion of the of the loss or damage which our acts or defaults bear relative to the totality of the conduct of all persons causing or contributing to the loss or damage. Where any law relating to proportionate liability applies to a claim against us, this clause does not seek to exclude the operation of that law but will continue to operate to the extent that its operation is consistent with that law. 
4.11    Limit of Liability
(a)    To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
(i)    if the breach of an implied warranty or condition relates to Services:
•    the supply of the services again; or
•    the payment of the cost of having the services supplied again; and
(ii)    if the breach of an implied warranty or condition relates to Goods:
•    the replacement of the goods or the supply of equivalent goods;
•    the repair of such goods; or
•    the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
(b)    To the extent that our liability cannot be disclaimed or released by you, our liability is limited to the amount (excluding disbursements and GST) paid to us by you prior to the date the liability arose.
4.12    Indemnity
You will at all times indemnify and keep indemnified us and our respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
(a)    any unauthorised use of the KIDS CONNECTING PARENTS application or Intellectual Property Rights;
(b)    breach of these Terms and Conditions by you; and
(c)    publication, distribution or use of the material or information or intellectual property supplied by you, including any and all claims made against the Service Provider by any third party alleging that the Customer Data input by you breaches any law.
5    Privacy 
(a)    By accessing or using our Website, or any KIDS CONNECTING PARENTS social media site; purchasing and/or downloading, creating an account for and/or accessing and/or subscribing to any KIDS CONNECTING PARENTS application; providing us with any material or information, via the Website, KIDS CONNECTING PARENTS social media site or KIDS CONNECTING PARENTS application, or via email, telephone or otherwise; completing any questionnaire, emailing or telephoning us, contacting us via LinkedIn or otherwise communicating with us or engaging us to provide any services, you are consenting to our collection, use, disclosure, retention and protection of your personal information as described in this privacy policy.
(b)    The personal information we collect may include your name, email address, and other contact details and information for identification purposes. If you pay for any Goods or Services by credit card, debit card, electronic transfer or direct debit from your bank account we will collect your card or bank account details. Importantly, we will collect and share your geolocation data with other users of the app. You consent to this. You may be able to nominate whether this data is shared only while you are using the app or at all times. It is your responsibility to ensure that the app settings align with your preferences. 
(c)    To the extent practicable and reasonable, you may deal with us on an anonymous basis or through the use of a pseudonym. However, if you engage us to provide any paid Goods or Services, it will not be practicable to correspond with you in this manner and your personal information will be required.
(d)    We will take all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment.
(e)    We undertake to take due care with all information we collect. However in providing us with such information you accept that we are not liable for its misuse due to error in transmission or any viruses, trojans, worms, logic bombs or other malware or material which is malicious or technologically harmful.
(f)    We will manage your personal information in compliance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs) and the GDPR (where GDPR means the European Union General Data Protection Regulation, more specifically Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC), where applicable.
5.2    When do we collect information?
(a)    We do not automatically collect personal information from you, such as your name, address, phone number, email address or other personally identifiable information about you (personal information). 
(b)    We collect four categories of information:
(i)    Your approximate geolocation data;
(ii)    the personal information you voluntarily provide with your informed consent;
(iii)    personal information about you from other sources, such as a complaint made about you from a fellow user; and
(iv)    “cookie” based information that makes your use of our Website easier by recording your preferences so that when you return to our Website the “cookie” re-loads that information into your web browser.
5.3    Why do we use “cookies” and other tracking technologies?
(a)    General information about visits to our Website is collected by our computer servers through “cookies” (small files containing a unique identification (ID) number that our Website transfers to your computer’s hard drive through your Web browser to be stored in the cache of your computer) and other tracking technologies. 
(b)    The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address. The anonymous non-personal information that we collect and analyse via “cookies” and other tracking technologies is not personal information as described in the Privacy Act.
(c)    We collect information using “cookies” and other tracking technologies for the following reasons:
(i)    to help us monitor the performance of our Website so that we can improve the operation of the Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application, and the Goods and Services we provide;
(ii)    to recognise your computer or other device when you next visit our Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application, or otherwise utilize our Goods and Services, to provide a personalized and more rewarding experience; and
(iii)    to log the internet protocol address (IP address) of visitors to our Website, any KIDS CONNECTING PARENTS social media site and/or the KIDS CONNECTING PARENTS application, so that we can work out the geographic locations of the computers or devices; and
(iv)    to improve marketing and advertising of the KIDS CONNECTING PARENTS application, our company, and our Goods and Services.
(d)    If you are unhappy about having “cookies” sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, our Website or some of our services may not function properly.
5.4    How do we store your information?
(a)    We use different technologies and procedures to help protect personal information from unauthorised access, loss, alternation, disclosure or use. Some of the safeguards we use are physical access controls, anti-virus software and access authorisation controls to where your personal information is held. Our commitment to data security means:
(i)    we have procedures to limit access to personal information within our organisation; 
(ii)    we use security measures and technologies within our organisation to protect your personal information; and 
(iii)    we use service providers that can establish that they have secure controls relating to software security, access security and network security, including where personal information is being transferred.
(b)    All Customer Data collected in connection with the KIDS CONNECTING PARENTS application is primarily stored in Australia via an Australian cloud provider with infrastructure based in Australia. However, certain services, such as authentication and analytics, may involve processing through Google’s global infrastructure, which could result in data being temporarily stored or processed outside of Australia, including in the United States or other locations. Additionally, while the KIDS CONNECTING PARENTS application itself is hosted in Australia, the Website and any KIDS CONNECTING PARENTS social media sites may be hosted outside of Australia. As a result, data associated with the Website and social media interactions may be transferred to and stored by foreign hosting service providers, including but not limited to those in the United States. You acknowledge and accept that we may transfer any and all Customer Data (including all personal information) overseas to the United States of America or elsewhere as the case may be.
(c)    By submitting your personal information to us, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information. We will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy. However, by providing your consent, under the Privacy Act 1988 (Cth), we are not required to take all steps as may be reasonable in the circumstances.
5.5    How long do we keep your personal information?
Your Customer Data is stored in a cloud database, that is continuously updated. Thus, any Customer Data that you enter into the database whilst connected to the Internet, should be retrievable from the cloud in the event of any loss of Customer Data from your local device. Data limit per customer is 1GB, and your account data will be automatically deleted after a period of 3 years of inactivity. You may elect to delete your Account and any Customer Data at any time if you wish, by clicking the delete button inside the KIDS CONNECTING PARENTS application. This will immediately delete your Account and all of your Customer Data, including from the cloud, and we will no longer store or have any record of it. 
5.6    What use do we make of your personal information?
(a)    Provision of Goods and Services:
(i)    Communicating with you;
(ii)    Allowing you to communicate with others via the KIDS CONNECTING PARENTS application;
(iii)    Receiving and processing payments.
(b)    After-sale services:
(i)    Refunds or re-performance of work;
(ii)    Customer service functions, including complaints and warranty claims; and
(iii)    Sending off-risk correspondence.
(c)    Marketing and consumer analytics:
(i)    Providing you with information regarding goods and services or events that may be of interest to you;
(ii)    Improving our Goods and Services (including contacting you about those improvements and asking you to participate in surveys and reviews about our products and services); and
(iii)    Marketing and promotional activities by us (including by targeted Meta and Google ads and direct marketing by email, SMS and MMS messages).
(d)    Events, competitions and promotions, and social media: 
(i)    Drawing and contacting winners;
(ii)    Adding entrants to marketing database;
(iii)    Responding to social media messages; and
(iv)    Fulfilling social media platform rules.
(e)    General administrative and security use:
(i)    Protecting the Website, KIDS CONNECTING PARENTS social media sites, and KIDS CONNECTING PARENTS application from security threats, fraud, or other criminal activities;
(ii)    Administration and management of KCP;
(iii)    Maintenance and development of our Goods and Services, business systems and infrastructure; and
(iv)    Customer service and quality assurance.
(f)    Background checks for employment applications with us: 
(i)    Assessing candidate suitability for role;
(ii)    Verification of candidate identity and age;
(iii)    Conducting:
•    bankruptcy and directorship searches and company checks;
•    Social media activity background checks including publicly available information including Facebook, Twitter, Instagram, and YouTube; and
•    Criminal history background checks;
(iv)    Confirmation of eligibility to work in Australia;
(v)    Confirmation of education and qualifications;
(vi)    Confirmation of previous employment; and
(vii)    Consideration regarding medical leave.
(g)    Administration and performance monitoring of employees, whether or not the employment or contractor relationship is prospective, current or past: 
(i)    Dealings related to the employer/employee relationship or the contractor/principal relationship (as the case may be);
(ii)    Facilitating any purchase of any products or services and associated staff discounts; and
(iii)    Monitoring systems, performance and time, and internet usage.
5.7    To whom will we disclose your personal information?
(a)    Your geolocation data to other users of the KIDS CONNECTING PARENTS application.
(b)    Agents and subcontractors engaged by us to assist in the provision of our Goods and Services to you.
(c)    Our third party partners, including advertising agencies, digital advertising networks (for example Google and Facebook).
(d)    Service providers (including IT service providers).
(e)    Third parties connected with the sales and after sales process including, payment platform providers, financial institutions, credit service providers, credit reporting bodies, and any third party providers who provide us with ecommerce services, or who assist us in providing our products and services to you.
(f)    Third parties connected with the marketing process, including messaging service providers, marketing list providers or third parties who assist us in providing our products and services to you.
(i)    Any other person when we believe release is appropriate to comply with the law, enforce our subscription agreements, these Terms and Conditions, or protect ours or others’ rights, property, or safety.
5.8    Direct Marketing
(a)    You give your express and informed consent to us using your personal information to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) which we consider may be of interest to you, whether by post, email, SMS, messaging applications and telephone (Direct Marketing Communications). In addition, we may send you occasional company news and information about other products and services or special promotional offers of our affiliated companies. If at any time you would like to stop receiving future commercial messages from us, you may do so by using the “unsubscribe” facility included in the Direct Marketing Communication.
5.9    The Notifiable Data Breaches Scheme 
(a)    In accordance with the NDB scheme, we will notify you and the Office of the Australian Information Commissioner (OAIC) about any ‘eligible data breaches’ that affect you. An eligible data breach occurs when the following criteria are met: 
(i)    There is unauthorised access to or disclosure of personal information held by an entity (or information is lost in circumstances where unauthorised access or disclosure is likely to occur). 
(ii)    This is likely to result in serious harm to any of the individuals to whom the information relates. 
(iii)    The entity has been unable to prevent the likely risk of serious harm with remedial action. 
(b)    If it is not clear if a suspected data breach meets these criteria, we will conduct an investigation to determine whether the breach is an ‘eligible data breach’ that triggers notification obligations.
5.10    How can you access the personal information that we collect?
(a)    We are happy to provide you with details of personal information held about you. 
(b)    To access this information, you need to email us at Kimberly@kidsconnectingparents.com. 
(c)    If you are concerned that any personal information held about you is inaccurate, out of date, incomplete, irrelevant or misleading you need to email us at Kimberly@kidsconnectingparents.com and we will take reasonable steps to correct the personal information held about you.
(d)    If you believe that your personal information has been misused, you need to email us at Kimberly@kidsconnectingparents.com and we will attempt to resolve your complaint. If you are not satisfied with the outcome of your complaint you may refer the matter to the Office of the Australian Information Commissioner (OAIC). Telephone: 1300 363 992. Email: enquiries@oaic.gov.au. OAIC complaints page: http://www.oaic.gov.au/privacy/privacy-complaints
6    Goods and Services
6.1    Software Licence
(a)    In consideration for the subscription fees, we will provide you with:
(i)    Access to the KIDS CONNECTING PARENTS software, via the KIDS CONNECTING PARENTS application; and
(ii)    Support,
during the Term.
6.2    Account
(a)    In order to access the KIDS CONNECTING PARENTS software, you must create an Account.
(b)    By creating an Account, you warrant that you:
(i)    are over 16 years of age; and
(ii)    are the parent or carer of a child, including perinatal, who has died. 
(c)    Access to the KIDS CONNECTING PARENTS software will be provided by provision of login details by us to you, upon you creating an Account. 
(d)    You will:
(i)    keep the login details confidential;
(ii)    only share the login details with us, and not any other person;
(iii)    immediately notify us of any changes to the login details;
(iv)    immediately notify us of any security breach; and
(v)    provide all reasonable assistance to us in containing any security breach.
(e)    You must not permit any third party to access or use your Account.
(f)    Initially, you will only be granted limited access to the KIDS CONNECTING PARENTS application.
(g)    Within 7 days of you creating an Account, we will review and, subject to our sole discretion, approve your Account. Once your Account is approved, you will have full standard user access to the KIDS CONNECTING PARENTS application.
6.3    Subscription fees
(a)    The first calendar month of full standard user access to the KIDS CONNECTING PARENTS application, starting from the date your Account is approved, and ending on the same date of the following calendar month (or the last day of the following calendar month where the following calendar month does not comprise the same date) (the Payment Date) is free of charge. Thereafter, you will pay the monthly subscription fee nominated on the Website from time to time, on the Payment Date of each calendar month. The monthly subscription fee is payable in advance. It is currently AUD$1 per month. This amount will be automatically deducted from the bank account you provided to us upon creating an Account (Your Account). You authorize us to deduct the monthly subscription fee from Your Account.
(b)    All amounts are in Australian dollars, and all payments shall be in Australian currency.
(c)    All amounts are exclusive of Goods and Services Tax.
(d)    You are responsible for all applicable taxes associated with your order. 

6.4    Code of Conduct
(a)    All use of your Account will be in accordance with the code of conduct outlined in this clause 6.4.
(b)    You will, at all times while accessing the KIDS CONNECTING PARENTS application via your Account:
(i)    Be kind and respectful to other users. 
(ii)    Not disparage any beliefs that differ to your own.
(iii)    Not ask for or offer money or other services, including but not limited to making any reference to any Go Fund Me site. 
(iv)    Not copy or share other Customer Data, including any photos, geolocation data including map screenshots, or other information found within the KIDS CONNECTING PARENTS application.
6.5    Deactivation
(a)    We will deactivate your Account, immediately ceasing any access to the Account, if:
(i)    you post any objectionable content or are abusive to other users of the KIDS CONNECTING PARENTS application;
(ii)    the subscription fees are not paid when they are due and payable;
(iii)    we are investigating an allegation that your use of the KIDS CONNECTING PARENTS application is in breach of these Terms and Conditions; or
(iv)    we have deemed that your use of the KIDS CONNECTING PARENTS application or other actions are in breach of these Terms and Conditions.
(b)    We will make a decision on any investigations into any allegation that your use of the KIDS CONNECTING PARENTS application is in breach of these Terms and Conditions within 1 month of deactivating your Account. We will contact you for comment in the process of our investigations. You agree to be contacted by us for this purpose. In the event that we determine that there is insufficient evidence of breach of these Terms and Conditions, we will reactivate your Account and issue you with a free subscription for the following month. Your Customer Data may or may not still be accessible upon reactivation. We are not responsible for any loss or damage in the event that your Customer Data is not accessible.
(c)    In the event of 6.5 (a) (i), provided the subscription fees are paid within 1 month of deactivation, your Customer Data may or may not still be accessible upon reactivation.  We are not responsible for any loss or damage in the event that your Customer Data is not accessible.
(d)    In the event of 6.5 (a) (iii), we will not reimburse you for any subscription fees. We will not reactivate your Account for 6 months. Thereafter, any reactivation of your Account will be on a case by case basis, at our sole discretion. In the event of any reactivation, your Customer Data may or may not still be accessible upon reactivation. We are not responsible for any loss or damage in the event that your Customer Data is not accessible.  
6.6    Termination
Either party may terminate the subscription to the KIDS CONNECTING PARENTS application without cause at any time prior to payment of the next subscription fee. Upon termination your access to your Account will immediately cease and you will lose all Customer Data.
6.7    Disaster Recovery
(a)    Your Customer Data is stored in a cloud database, that is continuously updated. Thus, any Customer Data that you enter into the database whilst connected to the Internet, should be retrievable from the cloud in the event of any loss of Customer Data from your local device. 
(b)    You acknowledge that we do not conduct any data back-up of Customer Data.. Data in cloud storage can be corrupted, whether through human error, cybercrime or a failure of the cloud storage provider. In the event of data corruption, we will not be able to restore any of the data you have entered into your Account.
(c)    You acknowledge and agree that we are not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data, except as specifically required by these Terms and Conditions.
(d)    To the full extent permitted by law:
(i)    clause 6.7 sets out our entire obligation with respect to disaster recovery and loss of data; and
(ii)    we hereby exclude all liability to you arising from any loss of, or corruption of data, other than liability arising directly from a breach by us of clause 6.7.
6.8    Support
(a)    The level of support will be email support only, provided between the hours of 9am to 5pm on Brisbane, Queensland business days. Turn around time for support requests will be 3 business days. 
(b)    You will provide all information and documents required to enable us to provide the Support.  
(c)    We will not be liable for any loss or damage arising from:
(i)    your failure to provide or delay in providing; or
(ii)    any inaccuracy, omission or other defect in,
any such information or documentation.  
(d)    You acknowledge that we will rely on such information in order to provide the Support, and any failure, delay or inaccuracy in providing (or omitting to provide) such information may affect our ability to provide the Support. 
(e)    You acknowledge and agree that the Support and cloud storage of Customer Data may be delivered by one or more third parties. 
(f)    You acknowledge and agree that we endeavour to select appropriate parties to deliver any third party services, but, subject to the provisions of the ACL, we are not liable for those parties nor for any acts, failures or omissions of such third parties. 
6.9    Interoperability
(a)    You are entirely responsible for use of the KIDS CONNECTING PARENTS application, interoperability and management of the interface of the KIDS CONNECTING PARENTS application with any third party software, data stored or used in connection with the KIDS CONNECTING PARENTS application.
7    General
7.1    Waiver
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
7.2    Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
7.3    Severance
If any part of these Terms and Conditions are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
7.4    No partnership or agency
Nothing contained in these Terms and Conditions creates any relationship of partnership or agency between the parties.
7.5    Entire Agreement
These Terms and Conditions are the entire agreement of the parties and supersedes all other representations, arrangements or agreements. Other than as expressly set out in the Terms and Conditions, as amended from time to time, no party has relied on any representation made by or on behalf of the other.
7.6    Ongoing obligations
Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and Conditions.
7.7    Dispute Resolution
The parties agree to make reasonable attempts to resolve all disputes relating to these Terms and Conditions via direct communication at first instance. In the event that the parties are unable to resolve any dispute via direct communication, the parties agree to attempt to resolve the dispute with the assistance of a Queensland Law Society accredited mediator, with the cost of mediation to be split equally between the parties.
7.8    Jurisdiction
(a)    These Terms and Conditions will be governed by and interpreted in accordance with the laws of Queensland, Australia, without giving effect to any principles of conflicts of laws.
(b)    You agree to the jurisdiction of the courts of Queensland, Australia to determine any dispute arising out of these Terms and Conditions.