Kinnections Subscription and Terms of Use Agreement

Your right to use the Kinnections digital hosted service (Service) is conditional on agreeing to the terms and conditions set out below. The Service is provided by KINNECTIONS AUSTRALIA Pty Ltd, ABN 56631141412 (Licensor).

By accessing or using the Service, you agree to comply with these terms and conditions, which bind you, your educators, and any other personnel involved in using the Service.

Important Notice

You must read these terms before accessing or using the Service. If you do not agree to these terms, you must not access or use the Service.

Your Acknowledgment

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this agreement, and that it is a legal agreement between you and the Licensor.

Service Access

Access to the full version of the Service is conditional on payment of the agreed subscription fee. If subscription fees are not agreed or are not paid, access may be suspended or terminated.

Trial access may be provided for a free trial period of one month, or another period specified by the Licensor. Trial access may be suspended or disabled if a paid subscription is not purchased after the trial period ends.

Subscription Fees

You will be charged in accordance with the subscription type, subscription fee, billing cycle, and subscription term agreed with the Licensor. Your subscription may automatically renew unless ended in accordance with this agreement.

If the Licensor modifies the subscription fee for a renewed subscription term, the Licensor will endeavour to give not less than 3 weeks' notice before the start of the renewed subscription term.

Ownership and Intellectual Property

All intellectual property rights in the Service, including patents, copyright, trademarks, software, platform features, website content, and related materials, are owned or licensed by and remain with the Licensor.

Nothing in this agreement gives you ownership rights in the Service. Use of the Service outside these terms is a breach of this agreement.

Personal Information and Data

The Licensor may collect and use personal information and data of children/students, educators, and other persons from your centre or school in accordance with the Privacy Policy. Personal information, recorded materials, and other data collected through the Service are stored only in Australia.

Before using the Service, you must obtain all necessary consents from educators, children/students, and the parent(s) or guardian(s) of children/students. These consents must allow Kinnections to record, process, report on, and securely store information arising from Kinnections Conversations and related use of the Service.

Your Responsibility

Kinnections is a technology platform designed to support wellbeing, safety, connection, help-seeking, and related educational outcomes. It does not provide medical, psychological, counselling, therapeutic, legal, diagnostic, safeguarding, child protection, crisis intervention, or professional advice.

You remain responsible for all decisions, actions, interventions, referrals, investigations, safeguarding responses, mandatory reporting obligations, duty of care obligations, and wellbeing responses relating to children/students and personnel.

Acceptable Use Restrictions

To the maximum extent permitted by law, you must not copy, alter, modify, adapt, translate, rent, lease, lend, commercially exploit, reverse engineer, decompile, disassemble, or create derivative works of the Service, platform, website, or any part of the Service.

You must use the Service in accordance with any help files, guides, websites, or directions provided by or on behalf of the Licensor. You must protect the Service from unauthorised access, use, or damage.

Risk

To the maximum extent permitted by law, you use the Service at your sole risk. The Service provides information, trends, indicators, and reporting tools only. It may not identify every risk, concern, wellbeing issue, safeguarding issue, or child protection concern.

Human oversight, professional judgement, and independent decision-making remain essential. The Licensor does not warrant that use of the Service will prevent harm, abuse, neglect, bullying, misconduct, injury, mental health concerns, or any other adverse outcome.

Liability

Nothing in this agreement excludes, restricts, or modifies any condition, warranty, right, or remedy that cannot lawfully be excluded, restricted, or modified, including under the Competition and Consumer Act 2010 (Cth).

To the maximum extent permitted by law, the Licensor's maximum aggregate liability for all claims under or relating to this agreement or the Service is limited to an amount equal to the fees, if any, paid by you under this agreement.

To the maximum extent permitted by law, the Licensor is not liable for special, indirect, consequential, incidental, or punitive damages, or for economic loss, loss of profits, revenue, goodwill, anticipated savings, or loss or corruption of data.

Indemnity

To the maximum extent permitted by law, you indemnify the Licensor, its officers, employees, contractors, and agents against liability, loss, damage, cost, charge, or expense arising from your breach of this agreement, your use or misuse of the Service, failure to obtain required consents, failure to review or act upon information generated by the Service, breaches of privacy, child protection, safeguarding or education legislation, or claims arising from your use of the Service.

Term and Ending the Agreement

This agreement remains in effect unless terminated. The Licensor may terminate this agreement if you breach an obligation and fail to rectify the breach within 14 days of receiving written notice, commit a material breach, provide an untrue warranty, or become subject to insolvency administration.

If you are using a trial version, you may terminate by ceasing to access and use the Service. The Licensor may terminate trial access immediately for any reason by giving written notice.

If you are using the full version, you may terminate by ceasing to access and use the Service. Upon termination, your right to access and use the Service will cease and the Licensor may restrict or disable your access.

After termination, the Licensor may retain data for a reasonable period for backup, compliance, legal, audit, and dispute resolution purposes, and may then securely delete or de-identify information in accordance with the Privacy Policy.

Updates, Variation, and Law

The Licensor may update or replace the Service. If you do not accept an upgrade, the Licensor does not warrant that the Service will continue to operate as intended.

The Licensor may vary this agreement by giving advance written notice, including by direct contact, pop-up screens, email, other electronic communication, or publication of updated terms on the Licensor's website.

This agreement is governed by the laws of the Australian Capital Territory, and the parties submit to the jurisdiction of the courts and tribunals of the Australian Capital Territory.

Contact

For questions about these terms, contact [email protected].