Terms and Conditions.

Welcome to the Personhood360 website and platform. If you continue to browse and use this website and subscribe to the platform, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Personhood360’s relationship with you in relation to this website and platform. If you disagree with any part of these terms and conditions, please do not use our website or platform.

Privacy Policy

The privacy policy sets out how Personhood360 uses and protects any information that is processed by Personhood360 when you use this website or platform.

Personhood360 is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website or platform, then you can be assured that it will only be used in accordance with this privacy statement.

Personhood360 may change this policy from time to time and updated to the website. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from March 2022.​

TERMS & CONDITIONS

1. Licence

Personhood360 grants you a limited, non-exclusive, non-transferable licence to access and use the Service for the period of, and strictly in accordance with, this Agreement. Where you use the Service as a Centre, you agree that your licence to use the Service is subject to your payment of the applicable Fees.

2. Changes

You accept that the Service may evolve and change over time and that some parts of the Service are dependent on the provision of software or services by third parties. Personhood360 reserves the right at any time to modify, adapt, suspend or discontinue, whether temporarily or permanently, the Service (or any part of it) with or without notice to you. To the extent permissible at law, Personhood360 will not be liable to you or to any third party for any modification, adaptation, suspension or discontinuance of the Service (or any part of it).

3. Disruption of Service

Personhood360 will take all reasonable steps to ensure that the Service functions as intended. However, you acknowledge that your access to the Service may be disrupted as a result of a malfunction, updating, maintenance or repair of the Service, by the actions of a third party licensor or service provider, or for any other reason within or outside our control.

To the extent permissible at law, Personhood360 shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the Service or for any errors or defects in the Service arising from software or services provided by third party licensors or service providers. Personhood360 will use reasonable endeavours to promptly address (during normal business hours) technical issues that arise in relation to the Service.

You agree that use of the Service is at your own risk and that Personhood360 does not warrant that the Service will meet your specific requirements, or that use of the Service will be uninterrupted, timely, secure, or error-free.

4. Conditions of use

In using the Service in any capacity you must:

1. ensure that any information you provide in connection with your registration and general use of the Service is and will remain true, accurate and current, and that you will promptly notify Personhood360 of any change in such information;

2. not create or maintain a Child Profile without the permission of the corresponding primary Account Holder;

3. not permit a person who is not an Authorised Viewer to access the corresponding Child Profile;

4. only use the Service, and any Child Content, for Centre management, educational or developmental purposes associated with the respective Child and not for any other purpose including any other commercial purpose;

5. not post, republish, reproduce or communicate Content including Child Content or information about any Child appearing on the Service or Application, on or through any other platform, forum or medium (including without limitation social media platform, such as Facebook) unless with the consent of the originator of that material and/or the copyright owner or their respective Primary Account Holder;

6. not use the Service or any Content (including any Child Content) obtained from use of the Service for any illegal, immoral, indecent or inappropriate purpose;

7. not post any Content or other information or material that is illegal, defamatory, abusive, demeaning, harmful, obscene, hurtful, offensive, objectionable or racist;

8. not post or upload any Content or other information or material that contains any viruses, infringes any third party’s rights of privacy or Intellectual Property Rights;

9. not attempt to gain access to any Content accessible through the Service pertaining to a Child for which you do not have permission from the corresponding Primary Account Holder;

10. keep your Account details and password strictly confidential and not share your Service password with any other person;

11. not do any act or omission to undermine the security or integrity of Personhood360’s or any third party’s systems or networks; and

12. ensure that any person who uses the Service on your behalf (including any employee or contractor of yours) or for whom you are responsible complies with this Agreement generally and the matters referred to in (1) to (11) above specifically.

You agree and acknowledge that (in addition to each person who has posted the Content in question or otherwise engaged in the acts or omissions), each Primary Account Holder will also be deemed primarily responsible for and liable for any Content that is posted that may contravene clause 4 and any other acts or omissions that occurs in connection with the corresponding Account and Child Profiles and each User releases Personhood360 from any liability associated therewith.

Further, each Centre or Early Childhood Provider will be responsible for and liable for the acts and omissions of its personnel in the event that any of their respective personnel post any Content in contravention of clause 4 and each User releases Personhood360 from any liability associated therewith.

Personhood360 reserves the right to remove from any Account, Child Profile or Educator Portfolio any Content which it deems to be unsuitable.

5. Age Limit

Users must be at least 18 years old, or have authorisation to access the Service by a parent or legal guardian. If you have authorised a minor to use the Service, you are responsible for their online conduct, and the consequences of any misuse.

6. Security

Personhood360 will take all reasonable steps to ensure the security of the Service. Please see our Privacy Policy for more information about how we treat Personal Data.

You shall be liable for all action taken by any person that has obtained access to your Account (whether they have authorised such access or otherwise) and agree to notify Personhood360 immediately of any unauthorised use of your Account or other breach of privacy or security.

7. Fees

You agree to pay any fees associated with your use of the Application, which include Fees charged in respect of Centre Accounts and any additional goods or services that are made available by Personhood360 to Users. Fees must be paid in the currency of the country where the Centre to which your Account relates is domiciled.

If you are carrying out a free trial of the Application (as offered on the Website), the free trial will begin on the day that your Account is opened and it will end after the 1^st month. You may cancel your Account within the 1^st month by following the prompts within the Service.

You agree to pay all Fees using the payment methods described on the Website or as otherwise agreed between you and Personhood360. If you fail to pay the agreed Fee by the due date, Personhood360 may suspend or cancel your Account. Fees are non-refundable and may be subject to change by notice to you. All Fees are exclusive of all taxes. Personhood360 will not be held liable for changing or refusing to refund the Fees.

8. Particular rights and obligations of a Primary Account Holder

In addition to the other rights and obligations applying to Users set out in this Agreement, the Primary Account Holder:

1. has the right to control their corresponding Child Profile (including all Child Content there on) and its management except as otherwise stated in this Agreement, including the ability to add new Content relating to their Child and to permit, approve or disapprove and disallow others to become Authorised Viewers;

2. may wish to not allow the Early Childhood Provider to have access to the child information, thus you should ask the Early Childhood Provider/Centre to remove your Child from the Service (and they must act on such requests promptly).

3. agrees and acknowledges that an Early Childhood Provider/Centre has to access a Child Profile, various members of that organisation’s educational staff may be able to access, view and edit that Child Profile and access may not be limited to any particular person within that organisation.

If as the Primary Account Holder you believe or suspect someone is accessing or managing your Child’s Content without your consent, you should immediately contact Personhood360. If you have previously granted someone access to your Child’s Content and you wish to revoke that access, you can remove their ability to access your Child’s Content at any time by following the prompts within the Service.

9. Rights and obligations of an Early Childhood Provider

In addition to the other rights and obligations applying to Users set out in this Agreement, without limiting the other rights and obligations applying to Users set out above, Early Childhood Providers:

1. are responsible for and liable in respect of obtaining consent from the actual or proposed Primary Account Holder for each Child in respect of whom you provide such Early Childhood Provider services before creating a Child Profile for that Child or uploading that Child’s Content to the Service. If a Primary Account Holder provides their consent they are granting you (as the Early Childhood Provider) the right to add to or remove Content from their Child’s Child Profile (including any Child Content). Such Early Childhood Providers will be entitled to access that Child Profile and Child Content for as long as the Primary Account Holder permits;

2. must also ensure that any Content they upload to a Child Profile does not contain information, images or videos of any identifiable child other than the Child unless they have consent to do so from persons entitled to provide that consent on behalf of that other child;

3. must comply with the Conditions of Use contained in clause 4, including, without limitation in respect of Educator Portfolios;

4. must promptly remove from any Child Profile any Content relating to a Child if asked to do so by the relevant Primary Account Holder;

5. In using the Service must comply with any cybersafety, privacy, and/or code of ethics or similar policies required by Personhood360 (unless inconsistent with these Terms of Use or the law);

6. agree and acknowledge that where a Centre establishes or maintains a Centre Account, Educator Portfolios (in whole or part) and associated content pertaining to that Centre Account may be made available or accessible (by Personhood360) to the Centre who established or maintains that Account.

Further, educators at Early Childhood Provider centres are entitled to retain copies of parts of Child Content for the purposes of documenting their own progress as educators, provided that such Child Content does not personally identify any Child and otherwise complies with the above requirements. Each such educator can include such content in their own Educator Portfolio, and such Educator Portfolios maybe maintained and used by the respective educators during and after their engagement by any particular Centre for the purposes of their development as educators.

10. Confidentiality

Personhood360 will treat Personal Data as confidential and will make every reasonable effort to keep Personal Data and confidential information confidential and secure. It will not disclose this information except:

• to Users who have been granted access to a Child Profile by the Primary Account Holder or, where applicable, an Early Childhood Provider;
• to Personhood360’s personnel and any service provider or licensor that Personhood360 works with where necessary to operate the Service (any such persons must agree to equivalent obligations regarding confidentiality and privacy);
• where the information has been made anonymous or is aggregated into de-personalised information about curriculum use or other learning practices that may benefit the sector
• if the relevant Primary Account Holder gives Personhood360 permission to do so;
• in accordance with our Privacy Policy; or
• if required or permitted by law.

Nevertheless, because internet transmissions cannot be guaranteed to be 100% secure in all aspects (including in relation to unauthorised use and disclosure of Personal Data), you acknowledge and agree that you use this Service at your own risk, and you should only proceed to use the Service if you accept this condition.

You must not share another User’s Personal Data without that User’s explicit permission. You must not share a Child’s Personal Data without the explicit permission of that Child’s Primary Account Holder. You agree to the terms set out in Personhood360’s Privacy Policy.

11. Other Information

Some Users, such as those involved in piloting certain features, may have access to sensitive information, content or User feedback. Those Users agree not to disclose this information to third parties without Personhood360’s prior written consent.

From time to time Personhood360 may permit a User to make screenshots or screencasts of the Service for marketing or educational purposes with Personhood360’s prior consent. Without limiting any other provision, these screenshots or screencasts must not include any Child Content or any User Data unless the User gives their prior written consent or, in the case of a Child, the explicit permission of that Child’s Primary Account Holder.

12. Intellectual Property Rights

Personhood360 does not acquire ownership of any Intellectual Property Rights, including but not limited to copyright, trade-mark or patent or other proprietary rights of Personhood360, in respect of any Content posted through the Service, including that created by educators or other Users. Intellectual Property rights in such Content will always remain with the relevant creator or other copyright owner but are licensed on a non-exclusive basis to Personhood360 for the purposes only of providing the Service to Users.

Some of the material (CCL Material) Personhood360 uses in its Services is licensed pursuant to a Creative Commons Licence and Personhood360 makes the CCL Material available to you on the terms of that Creative Commons Licence. In this regard:

• Details of the original author of the CCL Material and the relevant Creative Commons Licence will be identified and displayed by Personhood360 (and will generally be found on the Website and/or the metadata of (or documentation relating to) the relevant CCL Material).
• CCL Material is not Personhood360 property and is credited to the original author. Personhood360 does not assert or imply any connection with sponsorship or endorsement by the original author of its use of the CCL Material and its inclusion in the Service in no way implies that Personhood360 has the right to sublicense it to you or any other person.
• Personhood360 has not imposed any terms on the use by you or any Users of the CCL Material (or placed any digital rights management technology on the CCL Material, any adaption of the CCL Material or the CCL Material as incorporated with other separate works) that alters or restricts the terms of the Creative Commons Licence, any rights granted under it or which have the effect or intent of restricting the ability to exercise any such rights.

Except as specified above in respect of the CCL Material, you agree that Personhood360 or its licensors owns all Intellectual Property Rights associated with the Service and any other materials created by or on behalf of Personhood360 (including but not limited to images, photographs, animations, video, audio, text, data, software code, functionality, the interface, User feedback and accompanying printed or marketing materials).

For the avoidance of doubt Personhood360 does not own Intellectual Property Rights in any Child Content.

By using the Service, you confirm that any Content you post to the Service will not infringe any other person’s privacy, Intellectual Property Rights or any law. Personhood360 will not access or remove your Content unless you provide permission, or if Personhood360 suspects you have breached this Agreement or otherwise in accordance with this Agreement.

13. Indemnity

You agree to indemnify, and keep indemnified, Personhood360, its affiliated companies and its respective directors, officers, employees, agents, representatives, contractors, licensees and successors against any and all liabilities, costs (including legal fees), claims, demands or damages incurred or suffered from the use of the Service, including (without limitation) as a result of any:

• breach of this Agreement (including, for the avoidance of doubt, the Privacy Policy);
• your access or use of the Service, or Content posted by you or on your behalf through or at the Service; or
• violation of any Creative Commons Licence or any intellectual property, privacy or other rights of a third party, by you or any person using your Account or username and password (whether with or without your permission).

14. Limitation of liability

In no event or circumstances shall Personhood360 be liable to any person, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business, whether caused by any User, Personhood360, its employees, agents, licensors, service providers, or any other persons acting on its behalf. To the extent permissible at law the total liability of Personhood360 for any loss arising from or in connection with this Agreement, or the use of the Service, will not in any circumstances exceed $100. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

15. Cancellation by you

As a Primary Account Holder you may request the deletion of one or more Child Profiles within your Account at any time. You may also cancel your Account and terminate this Agreement at any time by following the prompts within the Service. Termination does not entitle you to any refund of any payments made by you to Personhood360 unless required by law. It is your responsibility to remove all Content posted to your Account before deletion or cancellation. This information may not be recovered by you once an Account is cancelled.

16. Termination by Personhood360

Personhood360 may suspend or terminate your Account at any time if Personhood360 reasonably suspects you have breached this Agreement (including, for the avoidance of doubt, the Privacy Policy). Upon termination Personhood360 may automatically remove all Content posted to that Account.

17. Back up of Content

You agree that a back-up of Content from an Account and/or Child Profile may be maintained by an Early Childhood Provider who is a User (in a static form, not accessible online) notwithstanding such cancellation or termination.

18. Use of subcontractors etc.

You agree that Personhood360 may use third party vendors, licensors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service and store and manage the Content.

19. Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Australia, and the parties submit to the exclusive jurisdiction of the Australian courts for any matter arising under or relating to this Agreement.

20. Assignment

Personhood360 may transfer, assign or sub-license its obligations under this Agreement and its rights and obligations without your consent.

21. Validity

Nothing in this Agreement shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance.

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that this Agreement shall otherwise remain in full effect.

22. Amendments to this Agreement

This Agreement may be amended or replaced from time to time, with or without prior notice to Users, by posting an updated Agreement on the Website. Any updated Agreement becomes effective as soon as it is posted. If any updated Agreement constitutes a material change to this Agreement, Personhood360 will endeavour to post an announcement on the Website. Your continued use of the Service and/or Website following any amendment constitutes your acceptance of any updated Agreement. If you do not agree to any updated Agreement you must cease use of the Service and cancel your Account.