Last Updated: This document was last updated on 2018-04-10.
In this Agreement, the following definitions are used:
“Account” means your account with us which is created when you sign up to use the Application.
“Application” means the early childhood online platform available on the Website.
“Centre” means an early childhood centre or care providing organisation that is registered to use the Application.
“Content” means all information about a User or a Child, including (but not limited to) images, videos, written stories and personal information posted to the Application by a User.
“Child” represents a data about a child that has been added by a User within the Application.
“Early Childhood Provider” means someone authorised by a Centre to use the Application, or a professional care provider who has registered to use the Application. Examples include (but are not limited to) teachers and administrators at Centres, nannies, au pairs and babysitters.
“Fee” means any applicable fees that may be payable by the User.
“Intellectual Property” means any Intellectual Property throughout the world and includes (but is not limited to) rights in copyright, trademarks, inventions, patents, designs, confidential information and know how. It also means any Intellectual Property that exists now or in the future irrespective of whether it is registerable and includes the right to apply to register or own any Intellectual Property.
“Primary Account Holder” means the person to whom the account was created for.
“Guardian” means a Child’s parent, guardian, relative, or other individual approved by the relevant Primary Account Holder that is registered to use the Application.
“ChildDiary” or “we” means ChildDiary Limited.
“User” or “you” means the person or organisation who uses the Website or the Application, together with all individual users accessing the Website or the Application on their behalf.
“Website” means the internet URL of ChildDiary available at www.childdiary.net. This includes parts of the Website that the User can use without logging into the Application.
Registering to use the Application means that you have read and agree to this Agreement. Only Guardians and Early Childhood Providers may use the Application.
This Agreement may be amended or replaced from time to time, with or without 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, ChildDiary will post an announcement on the Website. What constitutes a material change will be determined at ChildDiary’s sole discretion. You will be responsible for reading and understanding any updated Agreement. Your continued use of the Application and/or website constitutes your acceptance of any updated Agreement. If you do not agree to any updated Agreement please contact ChildDiary or cancel your Account.
Description of Service
The Application lets Guardians and Early Childhood Providers upload, record, share and celebrate a Child’s learning through various media, including but not limited to images, videos and written stories. The Application also provides analysis and planning tools and facilitates communication between those interested in a Child’s early childhood learning.
The User accepts that the Website and Application may evolve and change over time. ChildDiary reserves the right at any time to modify, adapt, suspend or discontinue, whether temporarily or permanently, the Application (or any part of it) with or without notice to Users. We will not be liable to you or to any third party for any modification, adaptation, suspension or discontinuance of the Application.
Disruption of Service
ChildDiary takes all reasonable steps to ensure that the Application will function as intended once an Account is created by Users. However, you acknowledge and agree that your access to the Application may be disrupted as a result of any malfunction, updating, maintenance or repair of the Application or for any other reason within or outside our control (such as availability of the internet).
ChildDiary 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 Application. We will try to promptly address (during normal business hours) all technical issues that arise in relation to the Application.
You agree that we may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Application and store and manage the Content.
You further agree that use of the Application is at your own risk and that we do not warrant that the Application will meet your specific requirements, or that use of the Application will be uninterrupted, timely, secure, or error-free.
Each User confirms that any information they provide to ChildDiary during registration is true, accurate and current, and that they will promptly notify ChildDiary of any change in such information.
ChildDiary grants Users the right to access and responsibly use the Application. This right is not exclusive, not transferable, and subject to the terms of this Agreement. Responsibility for, and control over, Content relating to a particular Child will always remain with the relevant Primary Account Holder for that Child. The User must only use the Application for the care and learning of children. The User must not use the Application for any illegal purpose or post any Content or other information or material that is illegal, defamatory, abusive, harmful, obscene, offensive, objectionable or racist. Further, Users must not use the Application or post any Content which breaches any person’s rights of privacy, contains viruses, or infringes any person’s Intellectual Property rights.
You will be responsible for any and all claims, losses, damages, costs and expenses arising out of your Content. In particular (and without limitation), you will be responsible for any claims that any of the Content is illegal or offensive.
Users must be at least 18 years old, or have authorisation to access the Application by a legal guardian. If you have authorised a minor to use the Application, you are responsible for their online conduct, and the consequences of any misuse.
You acknowledge that the nature of the Application and the Content is sensitive and personal to a Child and his/her Guardians. As such, you must keep your Account password confidential. The User is responsible for all actions taken by any person that has attained access to their Account and agrees to notify ChildDiary immediately of any unauthorised use of their Account or other breach of security. The User must not attempt to gain unauthorised access to any Content that they do not have permission to access. The User must not undermine the security or integrity of ChildDiary’s or any third party’s systems or networks.
Fees are charged to the Early Learning Provider. Optional add-ons may be offered at a cost to Guardians.
Early Years Services agree to pay the Fees using bank transfer, credit card or as otherwise agreed between us. Unless agreed otherwise, all invoices should be paid in 5 working days.
If you fail to pay the agreed Fees by the due date, ChildDiary 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. ChildDiary will not be held liable for changing or refusing to refund the Fees.
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 2 weeks later. You may cancel your Account within those 2 weeks by contacting ChildDiary. If you don’t cancel your Account, you must pay the Fees from the end of the free trial period. ChildDiary will bill you in advance on a monthly or annual basis depending on the plan you select.
Keep Content Secure
Both ChildDiary and the User recognise that Content uploaded to the Application is likely to be regarded as sensitive, so it is important that Content is kept secure.
We will take reasonable precautions to keep Content secure and protect it from unauthorised access. You agree to keep your Account details secure and agree not to share your password with anyone else.
Rights of a Primary Account Holder
The Primary Account Holder has all rights over the Child’s Content and its management except as otherwise stated in this Agreement, including the ability to:
- add new Content relating to children
- edit or remove existing Content relating to children attending their service
- approve Users (such as Guardians) who are able to access and view Content relating to their Child.
Please note that under EU’s GDPR, any Personal Information belongs to the User and it the case of children under 18, belongs to their legal guardians. This means that the Primary Account Holder may be requested to delete the Child’s personal information.
If you are a Guardian and you accept an invite from an Early Childhood Provider then you are agreeing that the Early Childhood Provider has the authority to decide who has access to the Child’s Content, as well as adding, editing and removing Content relating to your Child. If you do not wish to allow an Early Childhood Provider to have those rights, you should ask them to remove your Child from the Application.
If you think someone is accessing or managing your Child’s Content without your consent you should contact the Early Childhood Provider.
Rights of an Early Childhood Provider
If you are an Early Childhood Provider, it is your responsibility to get consent from Guardians of each Child before adding that Child or uploading that Child’s Content to the Application. You must also ensure that any Content you upload to an account relating to a Child contains only information, images or videos of that Child (for example, make sure that there are no other identifiable children in the background of a photograph or video) unless you have consent from all Guardians of each identifiable Child).
You must also ensure that you exercise your ability to upload Content to the Application responsibly. This means that you must not add any Content which contains anything which might be regarded as offensive, demeaning, obscene, unlawful, defamatory, infringing privacy, or which is otherwise unsuitable or inappropriate given the nature of the Application and the fact that Content includes children. We reserve the right to remove any Content which we deem to be unsuitable, and you must promptly remove any Content relating to a Child if asked to do so by the relevant Guardian.
User Information and Child Content
ChildDiary will treat personal information as confidential and comply with the EU’s GDPR. ChildDiary will make every reasonable effort to keep Content confidential and secure. We will not disclose this Content to anyone or in any situation except:
- to Users who have been granted access to a Child’s account by the Primary Account Holder
- to ChildDiary personnel and any service provider that ChildDiary works with where necessary to operate the Application or Website (any such persons must agree to equivalent obligations regarding confidentiality)
- where anonymous, aggregated information about curriculum use or other learning practices may benefit the industry
- if ChildDiary or its assets are purchased or acquired
- if the Primary Account Holder gives ChildDiary permission to do so
- if required by law
The User may make screenshots or screencasts of the ChildDiary Application or Website for marketing or educational purposes with ChildDiary ‘s prior consent. These screenshots or screencasts must not include any User’s Data or any Content relating to a Child unless that User gives its prior written consent or, in the case of a Child, the explicit permission of that Child’s parent or guardian.
ChildDiary will not acquire any ownership interest in or to any personal Content created by Educators, parents guardians, experts or family members, and title over personal Content will always remain with the relevant Primary Account Holder.
You agree that ChildDiary owns the Website, the Application, and any other materials created or acquired by ChildDiary (including but not limited to images, photographs, animations, video, audio, text, code, functionality, the interface, User feedback and accompanying printed or marketing materials) that do not constitute Content.
By using the Application, you confirm that any Content you post to the Application does not infringe any other person’s Intellectual Property rights or any law. ChildDiary will not access or remove your Content unless you provide permission, ChildDiary suspects you have breached this Agreement or otherwise in accordance with this Agreement.
Indemnity and Liability
All Users agree to indemnify, and keep indemnified, ChildDiary, 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 Application, including (without limitation) as a result of any:
- breach of this Agreement
- Content posted in the Application
- violation of any rights of a third party, by you or any person using your Account or username and password
Limitation of Liability
In no event or circumstances shall ChildDiary be liable 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 other User, ChildDiary, its servants, agents or any other persons acting on its behalf. The total liability of ChildDiary for any loss arising from or in connection with this Agreement, or the use of the Application or Website, will not in any way exceed €100.
Cancellation by the User
The User may cancel their Account at any time by contacting ChildDiary. It is the User’s responsibility to remove all Content posted to their Account before cancellation. This information may not be recovered once an Account is cancelled.
If a Guardian wishes to delete their Child’s information, he/she should contact the Primary Account Holder which can delete any required information.
Termination by ChildDiary
ChildDiary may suspend or terminate a User’s Account at any time if ChildDiary deems the User has breached this Agreement. Upon termination ChildDiary may automatically remove all Content posted to that Account.
This Agreement shall be governed by and construed in accordance with the laws of Ireland, and the parties submit to the exclusive jurisdiction of the Irish courts for any matter arising under or relating to this Agreement.
ChildDiary may transfer, assign or delegate this Agreement and its rights and obligations without consent.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full effect.