Terms of service

Terms and Conditions

Welcome to KidReports, childcare management system offering paperless childcare and digital porfolio designed for childcare facilities and children’s parents. Kidreports New Zealand services is developed, hosted and maintained by Kidreports, LLC. and solely distributed and supported by Mace IT Services Ltd in New Zealand.

KidReports itself is not engaged in the delivery of education or instructional services of any type, is not itself a licensed educational institution in any jurisdiction nor does it actually operate any School. Access to portions of this Site may be limited to the employees of KIDREPORTS who have been provided with necessary password and log-on information by KIDREPORTS. KIDREPORTS is not responsible for the operation of any childcare facility including with respect to any Internet sites they may operate independent of this Site (whether or not linked to this Site).

These Terms and Conditions are intended to explain our obligations as a service provider and sole distributor and Your obligations as a customer. Please read them carefully.
The Kidreports Service will evolve over time based on user feedback and market requirement. These Terms are not intended to answer every question or address every issue raised by the use of the Kidreports Service. Kidreports reserves the right to change these terms at any time, effective upon the posting of modified terms and Kidreports will make every effort to communicate these changes to You via email or notification via the Website. It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.

By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

1. DEFINITIONS

"Agreement" means these Terms of Use.
"Access Fee" means the monthly fee (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the agreement or Website (which KidReports may change from time to time on notice to You).
"Confidential Information" includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.
"Data" means any data inputted by You or with Your authority into the Website.
"Intellectual Property Right" means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
"Service" means the Kidreports childcare management services made available (as may be changed or updated from time to time by Kidreports, LLC) via the Website.
"Website" means the Internet site at the domain http://kidreports.co.nz/.
"Kidreports NewZealand" means Kidreports Service hosted by Kidreports, LLC and distributed and supported by Mace IT Services Ltd and will be also be called “KidReports”
"Invited User" means any person or entity, other than the Subscriber, that uses the Service with the authorization of the Subscriber from time to time.
"Subscriber" means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
"You" means the Subscriber, and where the context permits, an Invited User. "Your" has a corresponding meaning.

2. USE OF SOFTWARE

Kidreports grants You the right to access and use the Service mentioned above via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:

  • The Subscriber determines who is an Invited User and what level of user role access to the relevant organization and Service that Invited User has;
  • the Subscriber is responsible for all Invited Users’ use of the Service;
  • the Subscriber controls each Invited User’s level of access to the relevant organization and Service at all times by creating and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;
  • if there is any dispute between a Subscriber and an Invited User regarding access to any organization or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.

3. YOUR OBLIGATIONS

1. Payment obligations:
An invoice for the Access Fee will be issued each month starting one month from the date You completed Your trial. All invoices will include the Access Fee for the month in advance. KidReports will continue invoicing You monthly until this Agreement is terminated in accordance with clause 8. All KidReports invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. You must pay or arrange payment of all amounts specified in any invoice by the due date for payment and are payable within 7 days of the invoice date. You are responsible for payment of all taxes and duties in addition to the Access Fee.

2. Preferential pricing or discounts:
You may from time to time be offered preferential pricing or discounts for the Access Fees as a result of the number of organizations that You have added to the Service or that have been added with Your authority or as a result of Your use of the Service ('Organizations'). Eligibility for such preferential pricing or discounts is conditional upon Your acceptance of responsibility for payment of any Access Fees in relation to all of Your Organizations. Without prejudice to any other rights that KidReports may have under these Terms or at law, KidReports reserves the right to render invoices for the full (non-discounted) Access Fees due or suspend or terminate Your use of the Service in respect of any or all of Your Organizations in the event that any invoices for those Access Fees are not paid in full by the due date for payment.

3. SMS Messaging Services delivered into Your KidReports account:
Where available, SMS messaging services are generally provided to You free of charge. However, KidReports reserves the right to pass on any charges related to the Messaging on a case-by-case basis at KidReports’s sole discretion. KidReports would first inform You via email to indicate what those charges are likely to be (as such charges may vary depending on Your bank and Your volume of bank feeds). You have the option to decide to discontinue use of SMS Messaging Services at any time from your administrator portal.

4. Access conditions:
Your Account and Password. If you are required to establish or use an account on the Site and have been provided with a user name and password for such purpose, you are responsible for maintaining the strict confidentiality of that information. You are also responsible for any activity conducted under your account. You agree to:
(a) immediately notify KIDREPORTS of any unauthorized use of your password or account or any other breach of the Site’s security; and
(b) ensure that you log-off and exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, and control access to and use of your account. It is also your sole responsibility to notify KIDREPORTS if you desire to cancel your account on the Site. KIDREPORTS will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

5. Prohibited Conduct:
The Site may not be used in any manner that is unlawful or harmful to the rights of KIDREPORTS or any childcare facility who has a contract with KIDREPORTS. In no event shall you use the Site in a manner that exceeds the specific authorization granted by KIDREPORTS under these Terms & Conditions or by other express written agreement. The prohibition on unauthorized uses includes (but is not limited to) an express prohibition any attempt to:
(a) retrieve, alter, or destroy data on, from or through the Site;
(b) The probe, scan or test the vulnerability of a system or network on, from or through the Site; or
(c) breach or defeat system or network security measures on, from or through the Site such as authentication, authorization, confidentiality, intrusion detection, or monitoring;
(d) interfere with or disrupt the Site or the business, operations or services of KIDREPORTS or childcare facility;
(e) interfere with or disrupt any computer, host, network, or telecommunications device maintained by KIDREPORTS or childcare facility;
(f) interfere with or disrupt the legitimate use of the Site by any person;
(g) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable law or regulation or is defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of any party;
(h) violate the privacy rights of any party under applicable law or regulation;
(i) use any technology that is or reasonably should be known to contain software viruses, trojan horses, or any computer code, files, or programs designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe, or modify without authorization, any data, software, computing or network devices, or telecommunications equipment of KIDREPORTS or any Authorized User;
(j) use the facilities of the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as “spam”) or commercial electronic messages even if previously solicited by the intended recipient; and
(k) copy (whether directly or by use of any “scraping” or related technology) any of the contents of the Site.

4. CONFIDENTIALITY AND PRIVACY

1. Confidentiality:
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
a. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
b. Each party's obligations under this clause will survive termination of these Terms.
c. The provisions of clauses 4.1.1 and 4.1.2 shall not apply to any information which:
i. is or becomes public knowledge other than by a breach of this clause;
ii. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
iii. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the
iv. is independently developed without access to the Confidential Information.

2. Privacy:
The Site may include functions (such as “contact us”, forms for employment applications and franchisee information or “feedback” pages) provided for the purpose of submitting information to KIDREPORTS. Submitted information may include personally identifiable information such as names and e-mail addresses. KidReports’shandling and use of all submitted information will be pursuant to the KidReports Privacy Policy published separately on the Site. You should read that policy at http://kidreports.co.nz/privacy-policy/ and You will be taken to have accepted that policy when You accept these Terms.

5. INTELLECTUAL PROPERTY

1. General:
KidReports owns all right, title and interest including, without limitation, all intellectual property rights (including all copyrights, patents and trademarks), proprietary rights (including trade secrets), and moral rights (including the rights of authorship and attribution), throughout the world in and to the Site including all the content, code, data, materials and the look, feel, design and organization of the Site. Unless otherwise specifically indicated, no information on the Site may be copied, reproduced, distributed, re-published, downloaded, displayed, posted, or transmitted in any form by any means, including electronically (including through use of so-called “scraping” technologies), mechanically, by photocopying, recording or otherwise without the prior written consent of KIDREPORTS. No trademark, service marks or logo on the Site may be used for any purpose without the prior written consent of KIDREPORTS (or the third party owner thereof through KIDREPORTS). Use of the Site is subject to compliance with all applicable international, federal, state and local laws and regulations. (or its licensors).
2. Ownership of Data:
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the KidReports Access Fee when due. You grant KidReports a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

6. WARRANTIES AND ACKNOWLEDGEMENTS

1. Acknowledgement:
You acknowledge that:
a. You are authorized to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorized to use the Service. You are also authorized to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).
b. The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
c. KidReports does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. KidReports is not in any way responsible for any such interference or prevention of Your access or use of the Services.

2. No warranties:
KidReports gives no warranty about the Services. Without limiting the foregoing, KidReports does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

3. Consumer guarantees:
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.

7. INDEMNIFICATIONS & LIMITATION OF LIABILITY

1. You agree to defend, indemnify and hold KIDREPORTS and each of its subsidiary, affiliated and related entities, and each of their respective directors, officers, members, shareholders, employees and suppliers (collectively the “KIDREPORTS Parties”), harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Site or your breach or violation of the law or of these Terms & Conditions. You agree that the KIDREPORTS Parties shall not have any liability to you under any theory of liability or indemnity in connection with your use of the Site. You hereby release and forever waive any and all claims you may have against the KIDREPORTS Parties for losses or damages you sustain in connection with your use of the Site. In no event shall the KIDREPORTS Parties be liable for any damages, whether direct, indirect, incidental, PUNITIVE, EXEMPLARY, special or consequential (including, without limitation, for lost profits, business interruption, loss of information, programs or data), resulting from access to, use of, or inability to use the Site, or due to any breach of security associated with the transmission of information via the Internet, even if the KIDREPORTS parties were advised of the possibility of such damages and WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

2. If You suffer loss or damage as a result of KidReports's negligence or failure to comply with these Terms, any claim by You against KidReports arising from KidReports'snegligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.

If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8

8. TERMINATION

1. Trial policy
When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed from the day Your trial is period is over.

2. No-fault termination:
These Terms will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period.

3. Breach:
If You:
a. breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
b. breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.4 or any payment of Access Fees that are more than 30 days overdue); or
c. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction, KidReports may take any or all of the following actions, at its sole discretion:
d. Terminate this Agreement and Your use of the Services and the Website;
e. Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
f. Suspend or terminate access to all or any Data.

4. Accrued Rights:
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
a. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
b. immediately cease to use the Services and the Website.

9. Copyright Infringement:

KIDREPORTS respects the rights of copyright holders and has adopted and takes all reasonable measures to implement the policies prescribed by the Digital Millennium Copyright Act of 1998 under United States law including its so-called “notice and take-down” procedures. KIDREPORTS will further terminate, if commercially practicable and reasonable, Site access by any employee of KIDREPORTS or any otherwise valid subscriber or account holder, including any childcare facility, who infringes the rights of copyright holders. The contact information for KIDREPORTS’s Copyright Agent for notice of claims of copyright infringement on or regarding the Site is set forth below. If you believe your copyright rights have been violated by any contents of the Site you should follow the procedures of the DMCA by contacting KIDREPORTS’s Copyright Agent:
Leif Ullman
KidReports, LLC
PO Box 370073
Denver, CO 80237

10. LINKS

The Site may include links to other Internet sites over which KIDREPORTS has no control. These links are provided solely as a convenience to users of the Site. You acknowledge and agree that KIDREPORTS is not responsible for the availability of the sites intended to be located at such links, and that KIDREPORTS does not endorse (and is not responsible or liable for) any such linked sites including their content, advertising, products, or other materials. You further acknowledge and agree that, under no circumstances, will KIDREPORTS be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other Internet site (regardless of whether the Site is directly or indirectly linked to such content, advertisements, products or other resources). You should direct any concerns with respect to any other Internet site to that Internet site’s administrator or webmaster.

11. DISCLAIMER OF WARRANTIES

The site and all information contained on it is provided “as is” without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose or non-infringement. The information you receive from this site comes directly from the childcare facility where your child attends and is input by their employees, not by a KidReports employee. KidReports makes no warranties with respect to the accuracy or completeness of information contained on the site, or that the site will be error-free or available for uninterrupted use. No advice, results or information, whether oral or written, obtained by you from KidReports through the site shall create any warranty. If you are dissatisfied with the site, your sole remedy is to discontinue using the site. You should not rely on the site to maintain any submissions you may make; you should retain all such data and information in your own records for use in the event that the site fails or is unavailable, or the data or information is lost.

12. HELP DESK

1. Technical Problems:
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting KidReports. If You still need technical help, please check the support provided online by KidReports on the Website or failing that you can contact local helpdesk provided by distributor
Mace IT Services Ltd
Phone: +64 9 282 4433
Email: support@kidreports.co.nz

2. Service availability:
Whilst KidReports intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place. If for any reason KidReports has to interrupt the Services for longer periods than KidReports would normally expect, KidReports will use reasonable endeavors to publish in advance details of such activity on the Website.

13. GENERAL

1. Entire agreement:
These Terms, together with the KidReports Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and KidReports relating to the Services and the other matters dealt with in these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms & Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. Should any provision of these Terms & Conditions be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect. These Terms & Conditions constitute the complete agreement between the parties with respect to the subject matter hereof and supersede all prior agreements and understandings in relation thereto.

2. Waiver
The waiver of any breach or default of these Terms & Conditions will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. No waiver will be effective unless made in writing

3. Delays
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

4. No Assignment:
You may not assign or transfer any rights to any other person without KidReports's prior written consent.

5. Governing law and jurisdiction:
These Terms & Conditions shall be governed by and construed in accordance with the laws of the Colorado without regard to principles of conflicts of laws. All proceedings relating to the Site or these Terms & Conditions shall be brought in the state or federal courts located in Colorado and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. KIDREPORTS controls and operates this Site from its offices in Colorado in the United States of America. KIDREPORTS does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent applicable.

6. Severability:
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

7. Notices:
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to KidReports must be sent to support@Kidreports.co.nz or to any other email address notified by email to You by KidReports. Notices to You will be sent to the email address whichYou provided when setting up Your access to the Service.

8. Rights of Third Parties:
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.