Terms of Service
Last updated: July 2020
1. Your Acceptance
CaringLife is the developer of the Service. In order to keep pace with changes in our service, we review our Terms of Service from time to time to make sure they are up to date. This Agreement contains our most recent update. We encourage you to read this Agreement carefully.
IMPORTANT: BY ACCESSING OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENTAND AGREE TO ACCESS OR OTHERWISE USE THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT.
If you do not accept and agree to be legally bound by and comply with the Agreement, you are not permitted to access or otherwise use the Service.
The Service provides an online platform for children in foster, kinship or residential care, who are 18 years or younger (“Child”, “Children” or “Minor”) to have a profile within the Service (“Child Profile”).
The Service enables the Child’s current agency and agency authorized account holders (“Agency” and “Account Managers”) and/ or the Child’s current case manager/worker (“Case Manager”) (“collectively referred to as “Authorised Account Holders”) to create, manage and transfer Child and Carer Profile accounts.
The Child’s Case Manager is able to view content uploaded by Child and Carer.
The Child’s Guardian and/ or Carer is able to upload and view their own content to a Child Profile. A Child’s guardian and/ or carer does not have access to any other content.
2. Ability to Accept Terms of Service
You must be at least 18 years of age or have authorisation to access the Service by an Authorised Account Holder.
In addition, you affirm that you have not been previously suspended or removed from the Service and do not have more than one CaringLife account enabling you to use the Service (“CaringLife Account”).
3. CaringLife Service
The Agreement applies to all users using the Service, whether as the holder of a CaringLife Account or otherwise (“User”). Information provided by our Users through the Service may contain links to third party websites that are not owned or controlled by CaringLife. CaringLife has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, CaringLife will not and cannot censor or edit the content of any third party website. By using the Service, you expressly acknowledge and agree that CaringLife shall not be responsible for any damages, claims or other liability arising from or related to your use of any third party website.
4. CaringLife Access
Subject to your compliance with these Terms of Service, CaringLife hereby grants you permission to use the Service, provided that:
(a) your use of the Service as permitted is solely for your agency or personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service;
(b) you will not attempt to reverse engineer, alter or modify any part of the Service; and
5. Transmission and Posting of Content
Authorised Account Holders
You, as an Authorised Account Holder, are solely responsible for your conduct in ensuring compliance with applicable laws and any:
(a) data, text, files, information, user names, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials ("Content"); and
(b) information relating to an identified or identifiable individual, including names, physical addresses, email address, IP addresses, behavioural data, location data financial information and related personal information (“Personal Data”) that you submit, post or display on or via the Service.
The Case Manager responsible for the Child or Children in your care have the right to remove Content and Personal Data from the Service that they deem to be inappropriate for the Child or Children or in breach of the Prohibited Activities (Clause 10) or Other Conditions of Use (Clause 11) listed below.
The Case Manager may, at their discretion, choose to delay publication of certain Content or Personal Data until the child is of a suitable age or developmental stage.
These decisions on the publication of Content and Personal Data is outside the discretion or power of CaringLife, and CaringLife takes no responsibility for these decisions and any Content and/ or Personal Data submitted, posted or displayed on or via the Service.
All Content and/ or Personal Data you submit, post or display on the Service will be accessible only to you and your Case Manager (and your Carer if you choose to share it with them).
Please ensure that anything you post or display on the Service is content you are happy for your Case Manager to see.
7. Ownership and Use of Content
CaringLife does not claim ownership of any Content and/ or Personal data that is submitted, posted or displayed on or via the Service.
Any Content and/ or Personal Data that is submitted, posted or displayed on or via the Service shall be owned or licensed by both the guardians and/or carers of the Child and the Child the subject of the Child Profile.
A Child is not capable of assuming ownership of Content and/or Personal Data and shall receive a perpetual, non-exclusive, irrevocable, non-assignable, world-wide license to the images uploaded to that Child’s Profile by the Case Manager(s) and Carer(s).
Any Content and/or Personal Data may be used by the appropriate authorities, including the relevant Departments and Agencies, for review and audit.
8. Changes to the Service
You accept that the Service may evolve and change over time. CaringLife 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, CaringLife will not be liable to you or to any third party for any modification, adaptation, suspension or discontinuance of the Service.
9. Disruption of and Modifications to Service
CaringLife 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 or interrupted as a result of, including, without limitation, malfunction, updating, upgrades, maintenance or repair of the Service or due to failure of telecommunications links and/or equipment or for any other reason within or outside our control.
To the extent permissible at law, CaringLife 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. CaringLife 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 CaringLife 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.
CaringLife reserves the right to remove any Content and/ or Personal Data from the Service for any reason, without prior notice. Content and/ or Personal Data removed from the Service may continue to be stored by CaringLife, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, CaringLife encourages you to maintain your own backup of your Content and Personal Data. In other words, CaringLife is not a backup service and you agree that you will not rely on the Service for the purposes of Content and Personal Data backup or storage. CaringLife will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content and/ or Personal Data.
10. Prohibited Activities
In addition to the other restrictions outlined in these Terms of Service, you agree that you will not:
(a) Use the Service for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms of Service;
(b) Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
(c) Defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the CaringLife Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
(d) Compromise the security of the Services;
(e) Send any unsolicited or unauthorised advertising, spam, solicitations or promotional materials;
(f) Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
(g) Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
(h) Use or attempt to use another User's account without authorisation;
(i) Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorised to access;
(j) Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
(k) Impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity;
(l) Infringe any copyrighting, moral rights, confidentiality rights or intellectual property rights in existence now or coming into existence in the future anywhere in the world and includes (but is not limited to) rights in respect of copyright, trade marks (whether registered or unregistered), inventions, patents, designs (whether registered or unregistered), confidential information and know how (“Intellectual Property Rights”) or other intellectual or proprietary right of any party;
(m) Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your CaringLife Account;
(n) Develop any third party applications that interact with User Content or the Service without our prior written consent; and
(o) Use the Service for any illegal or unauthorised purpose or engage in, encourage, or promote any activity that violates these Terms.
(p) infringes any of our rights or the rights of any third person including privacy rights;
(q) breaches any laws, regulations, standards or codes as enacted, modified or updated from time to time;
(r) advocates the use of force or violence towards any person;
(s) encourages, endorses, approves or recommends the performance of dangerous or illegal acts including suicide or self-harm; or
(t) contains a virus or other code that has harmful or destructive properties.
(u) is inappropriate, offensive or contrary to any applicable laws or standards, including, without limitation, material which:
i. is obscene or indecent, depicts violence, sexual activity or pornography;
ii. contains instructions in drug use;
iii. instructs or encourages criminal activity; or
iv. defames, harasses, menaces, threatens, abuses, offends or embarrasses any person.
11. Other Conditions of Use
In addition to the other conditions outlined in these Terms of Service, you agree that:
(a) You are solely responsible for your interaction with other Users of the Service, whether online or offline. You agree that CaringLife is not responsible or liable for the conduct of any User. CaringLife reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users.
(b) You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos, videos or other content via the Service.
(c) You agree that you are responsible for all data charges you incur while using the Service.
(d) You shall be liable for all action taken by any person that has obtained access to your CaringLife Account or other breach of privacy or security.
12. Particular rights and obligations of an Authorised Account Holder
In addition to the other rights and obligations applying to Users set out in this Agreement, the Authorised Account Holder has the right to control their corresponding Child Profile (including all Child Content and Personal Data thereon) and its management except as otherwise stated in this Agreement.
The only Authorised Account Holder that can add and view new Content and Personal Data relating to the Child is the Child’s current Case Manager;
If as the Authorised Account Holder you believe or suspect someone is accessing or managing your Child’s Content without your consent, you should immediately contact CaringLife. If you have previously granted someone access to your Child’s Profile and you wish to revoke that access, you can remove their ability to access your Child’s Profile at any time by contacting CaringLife.
Confidential Information means, in respect of each party (Disclosing Party), all:
(a) information which is proprietary to, about or created by the Disclosing Party including, without limitation, any business plans, pitches, marketing, branding, forecasts, staffing, recruitment and all other information which is used or created by the Disclosing Party in relation to its business;
(b) information which relates to any actual or potential business, property or transaction (including this Agreement) in which the Disclosing Party may be or has been concerned or interested or information the disclosure of which could be detrimental to the interests of the Disclosing Party;
(c) information which is designated as being Confidential Information by the Disclosing Party; and
(d) information which from all the relevant circumstances could reasonably be assumed by the other party to be confidential and proprietary to the Disclosing Party or to any third party with whose consent or approval the Disclosing Party uses that information.
CaringLife 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:
(e) to Users who have been granted access to a Child Profile by the Authorised Account Holders;
(f) to CaringLife’s personnel and any service provider that CaringLife works with where necessary to operate the Service (any such persons must agree to equivalent obligations regarding confidentiality and privacy);
(g) 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;
(h) if the relevant Authorised Account Holders give CaringLife permission to do so; or
(j) if required or permitted by law.
As internet transmissions cannot be guaranteed to be entirely 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.
14. Other Information
Some Users, such as those involved in piloting certain features, may have access to sensitive information, Content, Personal Data or User feedback. Those Users agree not to disclose this information to third parties without CaringLife’s prior written consent.
From time to time CaringLife may permit a User to make screenshots or screencasts of the Service for marketing or educational purposes with CaringLife’s prior consent. Without limiting any other provision, these screenshots or screencasts must not include any Content and/ or Personal Data relating to a Child 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 Authorised Account Holder.
15. Intellectual Property Rights
Intellectual Property Rights means any and all intellectual and industrial property rights subsisting in any part of the universe in any and all media (whether now known or created in the future) including, without limitation, rights in the nature of copyright, registered design or other design right, trade mark, patent rights, circuit layout rights, trade secrets and any corresponding proprietary rights (whether registered or common law) under the laws of any jurisdiction throughout the world.
CaringLife does not acquire ownership of any Intellectual Property Rights or other proprietary rights in respect of any Content or Personal Data posted through the Service, including that created by Authorised Account Holders or other Users. Intellectual Property rights in such Content and Personal Data will always remain with the relevant creator or other copyright owner but are licensed on a non-exclusive basis to CaringLife for the purposes only of providing the Service to Users.
You agree that CaringLife owns all Intellectual Property Rights associated with the Service and any other materials created by or on behalf of CaringLife (including but not limited to images, photographs, animations, video, audio, text, software code, functionality, the interface, User feedback and accompanying printed or marketing materials).
For the avoidance of doubt CaringLife does not own Intellectual Property Rights in any Child Content and/ or Personal Data.
By using the Service, you confirm that any Content and Personal Data you post to the Service will not infringe any other person’s Intellectual Property Rights or any law. CaringLife will not access or remove your Content and/ or Personal Data unless you provide permission, CaringLife suspects you have breached this Agreement or otherwise in accordance with this Agreement.
16. Questions and Comments
The Privacy Officer
Nautilus Media Group Pty Ltd
PO Box 1004
or by email to: firstname.lastname@example.org
Please provide sufficient detail about the information in question to help us locate it.
17. Limitation of Liability
In no event or circumstances shall CaringLife 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, CaringLife, its employees, agents or any other persons acting on its behalf. To the extent permissible at law the total liability of CaringLife 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.
The Service is controlled and offered by CaringLife from its facilities in Australia. CaringLife makes no representations that the CaringLife Service is appropriate or available for use in other locations. Those who access or use the CaringLife Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Each party acknowledges that the allocation of risk in this Agreement (including the exclusions and limitations set out in this clause 17) has been freely negotiated at arm's length and is regarded by it as reasonable.
You agree to defend, indemnify and keep indemnified, CaringLife, its affiliated companies and its respective officers, directors, employees, agents, representatives, contractors, licensees and successors against any and all claims, demands, obligations, losses, liabilities, costs (including legal fees) or damages incurred and suffered from the use of and access to the Service, including (without limitation) as a result of any:
(b) violation of any Intellectual Property or other rights of a third party, or privacy right, by you or any person using your Account or username and password (whether with or without your permission);
(c) any claim that one of your messages, comments, files, videos or photos caused damage to a third party; or
(d) your access or use of the Service, or Content and/ or Personal Data posted by you or on your behalf through or at the Service;
(e) breach of any applicable law including, but not limited to, Children, Youth and Families Act 2005 (Vic).
This Indemnity clause will survive this Agreement and your use of the Service.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you.
CaringLife may transfer, assign or sub-license its obligations under this Agreement and its rights and obligations without your consent.
1) In the event of a dispute, controversy or claim (Dispute), arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, the party raising such Dispute must immediately notify the other party of the existence and nature of the Dispute by serving a notice on the other party setting out detailed particulars of the Dispute including, if appropriate, references to documents and provisions which relate to the Dispute, and the parties shall use their best endeavours to immediately resolve the Dispute amicably.
2) The parties agree that in the event of a Dispute, a party must not commence any court or arbitration proceedings relating to the Dispute until it has made reasonable attempts to resolve the Dispute with the other party as per clause 20.1 above, and not, in any case, before the expiration of twenty-one (21) Business Days after the Dispute was notified to the other party.
3) Nothing in this clause 20 prejudices the right of either party to seek urgent injunctive, interlocutory or declaratory relief from a court in connection with a Dispute without first having to attempt to resolve the Dispute in accordance with this clause 20.
You and CaringLife agree to arbitrate any dispute arising from these Terms or your use of the Service in accordance with this clause 20 and (a) that any arbitration will occur in Victoria, Australia; and (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (c) that the state or federal courts of Victoria, Australia have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND CARINGLIFE WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
This Agreement shall be governed by and construed in accordance with the laws of Victoria, and the parties submit to the exclusive jurisdiction of the Victorian courts for any matter arising under or relating to this Agreement.
22. Use of subcontractors
You agree that CaringLife may use third party vendors 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 and/ or Personal Data.
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.
24. 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, CaringLife 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.
25. Force Majeure
Force Majeure Even means strikes, lock-outs, or other labour disputes, riots, civil disturbance, actions or inaction of governmental authorities, epidemics, wars, embargoes, storms, floods, fires, earthquakes, acts of God or the public enemy, computer downtime, nuclear disasters or default of a common carrier;
a) Notwithstanding any other provision in this Agreement, no default, delay or failure to perform on the part of any party will be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due entirely to causes beyond the reasonable control of the party charged with such default, including, but not limited to a Force Majeure Event.
b) In the case of the happening of any such Force Majeure Event, the time for performance required by a party under this Agreement will be extended for any period during which performance is prevented by the event.
c) Notwithstanding the above, if a delay or failure by a party to perform its obligations under this Agreement due to a Force Majeure Event exceeds thirty (30) Business Days, any party may immediately terminate this Agreement on providing notice to the other parties, such notice to take effect ten (10) Business Days after the date of such notice.