Terms of use | KIDStory.mu

Term of Use

Last Updated: April 2019

IMPORTANT: By accessing or otherwise using the Service (as defined below), you agree to be bound by these Terms of Use and agree to access or otherwise use the Service in accordance with these Terms of Use. In order to keep pace with changes in our service, we review our Terms of Use from time to time to make sure they're up to date and shall post same on our company website.

KIDStory Ltd, a company incorporated in Mauritius (“KIDStory”), is the owner, operator and licensor of the Application as defined below.

1 Definitions

In these Terms of Use, the following terms have the following meanings:

“Account” - The account of a Subscriber enabling it and/or its Users to use the Service

“Agreement” - Collectively the Cover Letter, the Terms of Use and the Privacy Policy as amended from time to time

“Application”, “Site” or “Website” - The website at kidstory.mu, its subdomains or any other domain and subdomains giving access to the Service, including parts or features of that Website that can be used or accessed without requiring registration or logging into the Application.

“Authorised Viewer” - A person who is authorised by a Subscriber or its staff to view and/or access a Child Profile, being typically but not exclusively limited to that Child’s parents/guardians and family members, and specialists.

“Authorised Viewer Profile” - The profile, page(s) and other dedicated area(s) appearing on the Application pertaining to a given Authorised Viewer on the Application.

“Centre” - A Person, School, Kindergarten, Parent Teachers Association (PTA) or any institution providing early childhood education and/or childcare and/or services for children.

“Child” - A child whose Child Profile exists within the Application and "Children" has a corresponding meaning.

“Child Content” - Content about, depicting or pertaining to a particular Child.

“Child Profile” - The profile, page(s) and other dedicated area(s) appearing on the Application pertaining to a given Child on the Application.

“Company” or “KIDStory” - KIDStory Ltd

“Content” - Any content or materials including (but not limited to) still or moving images, videos, sound recordings or other audio-visual materials, artistic works, written works and personal information posted to the Application by a User.

“Subscriber” - A Centre which has contracted with the Company to use the Application.

“Service Fees” - Any applicable fees that may be payable by the Subscriber to use the service.

“Intellectual Property Rights” - Any 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.

“Responsible Party” - A Child's parent or guardian or a person authorised by the Child's parent or guardian to administer and control a Child Profile.

“Service” - The service provided by the Company to make use of the Website and where the context permits includes any ancillary services.

“Service Contract” - The main terms detailing the Service, Service Fees, duration of the service and any other terms that together with the Terms of Use and Privacy Policy forms the contract between KIDStory and the subscriber

“Staff” - Any employee or agent including but not limited to childcare providers, educators, teachers and administrators of a Centre authorised by the Centre to manage Profiles and Contents

2 Licence

KIDStory grants you a limited, non-exclusive, non-transferable licence to access and use the Application for the period of this Agreement in accordance with these Terms of Use and agree that your licence to use the Service is subject to your payment of the applicable Fees.

3 Changes

You accept that the Service may evolve and change over time provided always that such a change does not thwart the very object of this agreement and does not result in you being conferred lesser rights than those that were initially agreed upon at the inception of this agreement. It is however agreed that there may be temporary suspension of the Service due to disruption of the Service as set out in Clause 4 below.

4 Disruption of Service

KIDStory 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 or for any other reason outside our control.

To the extent permissible at law, KIDStory 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. KIDStory 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 KIDStory 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.

5 Conditions of use

5.1 In using the Service in any capacity, you shall:

not post, republish, reproduce or communicate Content including Child Content or information about any Child appearing on the Service, 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 Responsible Party;
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;
not post any Content or other information or material that is illegal, defamatory, abusive, demeaning, harmful, obscene, hurtful, offensive, objectionable or racist;
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;
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 Responsible Party;
keep your Account details and password strictly confidential and not share your Service password with any other person; and
not do any act or omission to undermine the security or integrity of KIDStory's or any third party's systems or networks

5.2 Age Limit

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

5.3 Security

KIDStory 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 information.

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 KIDStory immediately of any unauthorised use of your Account or other breach of security.

6 Rights and obligations of a Subscriber

In addition to the other rights and obligations applying to Users set out in these Terms of Use, without limiting the other rights and obligations applying to Users set out above, Subscribers:

not permit a person who is not an Authorised Viewer to access the corresponding Child Profile;
only use the Service, and any Child Content, for educational or developmental purposes associated with the respective Child and not for any other purpose including any other commercial purpose;
must ensure that any information you provide in connection with your registration and general use of the Service is and will remain true, accurate and updated, and that you will promptly notify KIDStory of any change in such information;
are responsible to ensure the identity of the Responsible Party and any other Authorised viewer that are granted access to a Child Profile;
are responsible for and liable in respect of obtaining consent from the Responsible Party when content pertaining to the Child is being shared to other Users excluding the relevant Authorised Viewer of the Child and Staff of the Subscriber;
must also ensure that any Content uploaded 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;
must comply with the Conditions of Use contained in clause 6, including, without limitation in respect of Teacher Profiles and Authorised Viewer Profiles;
must promptly remove any Content relating to a Child which has been made available to other Users (other than the Authorised Viewers of the Child and Staff of the Subscriber) if asked to do so by the relevant Responsible Party;
In using the Service must comply with any cybersafety, privacy, and/or code of ethics or similar policies required by the organisation (unless inconsistent with these Terms of Use or the law); and
agree and acknowledge that a Responsible Party may remove their ability to access or manage their Child's Content and Child Profile at any time.
ensure that any person who uses the Service on your behalf (including any employee or agent of yours) or for whom you are responsible complies with these Terms of Use.

Further, each Centre will be responsible for and liable for the acts and omissions of its Users in the event that any of their respective Users post any Content in contravention of clause 5.1 and 6 and each User releases KIDStory from any liability associated therewith.

6.1 Fees

You agree to pay any Fees associated with your use of the Application using the payment methods agreed between you and KIDStory. If you fail to pay the agreed Fee by the due date, KIDStory may suspend or cancel your Account. Fees are non-refundable and may be subject to change by reasonable prior written notice to you. All Fees are exclusive of all taxes. KIDStory will not be held liable for changing or refusing to refund the Fees unless no reasonable written notice is given beforehand.

6.2 Cancellation

You may cancel your Account and terminate this Agreement at any time by contacting KIDStory. Termination does not entitle you to any refund of any payments made by you to KIDStory or indemnify you from any payments due until the end of your Service Contract unless required by law. Once you cancel your Account with KIDStory you will still have access to the Service until the end of your Service Contract. All Content posted to your Account may not be recoverable once your access to the Service has been revoked following the cancellation of your Account.

6.3 Termination by KIDStory

A party to this agreement may by written notice duly addressed to the defaulting party terminate this agreement forthwith in case of a material and/or fundamental breach of this agreement on the part of the defaulting party.
Where the breach is neither material nor fundamental and is capable of being remedied, the non-defaulting party may notify in writing the defaulting party of such a breach and request it to remedy the said breach within a period of 15 days failing which the non-defaulting party shall have the right to prematurely terminate this agreement.

6.4 Operation of Account

KIDStory provides its services to Centres and will act only on the relevant Subscribers instruction with regards the operation of its Account. However, KIDStory reserves the right to remove from any Account, Child Profile, Authorised Viewer Profile or Teacher Profile any Content which is unlawful, inconsistent with or in breach of this agreement or against public order.

7 Confidentiality and privacy

A Child Profile may contain information that is sensitive, personal and or confidential to a Child and their Authorised Viewers.

KIDStory will treat personal information as confidential and comply with the Data Protection Act 2017 (MU) and KIDStory’s Privacy Policy. It will not knowingly breach any privacy laws in other jurisdictions.

You should ensure that you read our Privacy policy. The vast majority of personal information we handle is stored in the United States only. All personal information relating to children on KIDStory is hosted in the United States. In that respect, KIDStory shall ensure that the relevant data protection laws and/or regulations in the United States afford to the data subjects concerned protection to the right of privacy similar or equivalent to the protection enjoyed by the said data subjects under the laws of Mauritius. We only choose reputable service providers and have agreements with such third parties that prevent them from using or disclosing to others the Personal Information we share with them, other than as is necessary to assist us. However, while the information resides outside of the territory where you reside, it may be accessible to the local courts, law enforcement and national security authorities in a foreign jurisdiction.

KIDStory will make every reasonable effort to keep personal 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 Subscriber;
to KIDStory's personnel and any service provider that KIDStory 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 KIDStory or its assets are purchased or acquired (provided that the purchaser / acquirer agrees to be bound by corresponding confidentiality and privacy terms);
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 information), you acknowledge and agree that you use this service at your own risk, save and except in case of breach by KIDStory of any relevant and applicable data protection laws and/or regulations .

You must not share another User's personal information without that User's explicit permission. You must not share a Child’s personal information without the permission of that Child's parent or guardian. You agree to the terms set out in KIDStory's Privacy Policy.

8 Other Information

From time to time KIDStory may permit a User to make screenshots or screencasts of the Service for marketing or educational purposes with KIDStory's prior consent. Without limiting any other provision, these screenshots or screencasts must not include any Content 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 parent or guardian.

9 Intellectual Property Rights

KIDStory does not acquire ownership of any Intellectual Property Rights, including but not limited to copyright, trade-mark or patent or other proprietary rights of KIDStory, 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 KIDStory for the purposes only of providing the Service to Users.

You agree that KIDStory owns all Intellectual Property Rights associated with the Service and any other materials created by or on behalf of KIDStory (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 KIDStory 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 Intellectual Property Rights or any law. KIDStory will not access or remove your Content unless you provide permission, KIDStory suspects you have breached this Agreement or otherwise in accordance with this Agreement.

10 Indemnity

You agree to indemnify, and keep indemnified, KIDStory, 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;
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 intellectual property 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).

11 Limitation of liability

IIn no event or circumstances shall KIDStory 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, KIDStory, its employees, agents or any other persons acting on its behalf. To the extent permissible at law the total liability of KIDStory 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.

12 Use of subcontractors etc.

You agree that KIDStory 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.

13 Jurisdiction

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

14 Assignment

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

15 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.

16 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, KIDStory 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.