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IMPORTANT: By accessing or otherwise using the Service (as defined below), you agree to be bound by this Agreement and 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 this Agreement, you are not permitted to access or otherwise use the Service.
Storypark Limited, a company incorporated in New Zealand (“Storypark”) is the owner, operator and licensor of the Application and Website as defined below. Your rights to use the Application and Website are set out in this Agreement.
The Service enables a Child’s Authorised Viewers and Early Childhood Providers to upload, record, share and celebrate a Child’s learning through various media, such as images, videos and written stories. The Service also provides analysis and planning tools and facilitates communication between those interested in a Child’s early childhood learning.
“Account” means (depending on the context) either a Centre Account (facilitating the access to one or more Child Profiles and Educator Portfolios) or an account controlled by a Primary Account Holder pertaining to one or more Children.
“Authorised Viewer” means a person who is authorised by a Primary Account Holder to view and/or access a Child Profile, being typically but not exclusively limited to that Child’s parents/guardians and family members, specialists, and the Child’s Early Childhood Providers.
“CCMS Service” means any childcare application and management service offered by Storypark to you.
“Centre” means an organisation or enterprise providing early childhood education and/or childcare and/or services for children.
“Centre Account” means an account that a Centre has with Storypark, enabling it to use the Service.
“Child” means a child whose Child Profile exists within the Application and “Children” has a corresponding meaning.
“Child Content” means Content about, depicting or pertaining to a particular Child.
“Child Profile” means the profile page(s) appearing on the Application pertaining to a given Child and any other Content pertaining to that Child that is accessible via the profile page, including stories, notes, plans and routines.
“Content” means any content or materials including (but not limited to) still or moving images, videos, sound recordings or other audiovisual materials, artistic works, written works, Centre administration data and Personal Data posted to the Service by a User.
“Early Childhood Provider” means, as the context dictates:
“Educator Portfolio” means a personal portfolio of an educator at a Centre, being created by or for that educator for and in connection with their use of the Service.
“Fees” means any applicable fees that may be payable by the User as detailed at https://www.storypark.com/pricing.
“Intellectual Property Rights” means 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.
“Personal Data” means any information relating to an identified or identifiable individual. This includes names, physical addresses, email address, IP addresses, behavioural data, location data, financial information and much more.
“Primary Account Holder” means a Child’s parent or guardian or a person expressly authorised by the Child’s parent or guardian to administer and control a Child Profile.
“Service” means the Application and the Website, collectively and separately and where the context permits includes any related services.
“User” or “you” means the person or organisation who uses the Application and/or the Website, whether as the holder of an Account or otherwise.
“Website” means the website at www.storypark.com, including parts or features of that website that can be used or accessed without requiring registration or logging into the Application.
By using the Application or Website you are deemed to have accepted the Agreement, which shall form a binding agreement between you (as a User of the Website or Application) and Storypark. Your registration, and your use of the Application or Website, is subject to this Agreement.
Once you have accepted this Agreement, Storypark grants you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Service for the period of, and strictly in accordance with, this Agreement. Where you use the Service as a Centre, you agree that your licence to use the Service is subject to your payment of the applicable Fees.
You accept that the Service may evolve and change over time and that some parts of the Service are dependent on the provision of software or services by third parties. Storypark reserves the right at any time to modify, adapt, suspend or discontinue, whether temporarily or permanently, the Service (or any part of it) or otherwise replace the Service (or any part of it) with a similar service, with or without notice to you. To the extent permissible at law, Storypark will not be liable to you or to any third party for any replacement, modification, adaptation, suspension or discontinuance of the Service (or any part of it).
Storypark will take 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, by the actions of a third party licensor or service provider, or for any other reason within or outside our control.
To the fullest extent permissible at law, Storypark 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 or for any errors or defects in the Service arising from software or services provided by third party licensors or service providers. Storypark will use reasonable endeavours to address (during normal business hours) technical issues that arise in relation to the Service.
To the fullest extent permissible at law, you agree that use of the Service is at your own risk and that Storypark 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.
7. Conditions of use
In using the Service in any capacity you must:
You agree and acknowledge that (in addition to each person who has posted the Content in question or otherwise engaged in the acts or omissions), each Primary Account Holder will also be deemed primarily responsible for and liable for any Content that is posted that may contravene clause 7 and any other acts or omissions that occurs in connection with the corresponding Account and Child Profiles and each User releases Storypark from any liability associated therewith.
Further, each Centre or Early Childhood Provider will be responsible for and liable for the acts and omissions of its personnel in the event that any of their respective personnel post any Content in contravention of clause 7 or otherwise act in violation of this Agreement, and each User releases Storypark from any liability associated therewith.
Storypark reserves the right to remove from any Account, Child Profile or Educator Portfolio or any Content which it deems to be unsuitable or in violation of this Agreement, at any time without notice, and without liability.
The Service is only open to Centres located in Canada.
Users must have reached the legal age of majority in the jurisdiction in which they reside and must have the capacity to form binding contracts. In cases where a minor uses and ‘Child Mode’ available through the Service, such use must be supervised, and the user must have authorisation to access the Service from their parent or legal guardian. If you have authorised your minor Child to use the Service, you agree to this Agreement on their and your behalf, and you are responsible for their online conduct, and the consequences of any misuse.
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 Storypark immediately of any unauthorised use of your Account or other breach of privacy or security. We are not responsible for your failure to do so.
You agree to pay any fees associated with your use of the Application, which include Fees charged in respect of Centre Accounts and any additional goods or services that are made available by Storypark to Users (for example the provision of photo books). The applicable fees are stated when you register, and may vary based on user class. Fees must be paid in the currency of the country where the Centre to which your Account relates is domiciled (i.e. Canadian dollars).
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 30 days later. You may cancel your Account within those 30 days by following the prompts within the Service.
You agree to pay all Fees using the payment methods described on the Website or as otherwise agreed between you and Storypark. We reserve the right to change the payment methods we are able to accept at any time. If you fail to pay the agreed Fee by the due date, Storypark may suspend or cancel your Account. Fees are non-refundable and may be subject to change by notice to you. Storypark will not be held liable for changing or refusing to refund the Fees.
In addition to the other rights and obligations applying to Users set out in this Agreement, the Primary Account Holder:
In addition to the other rights and obligations applying to Users set out in this Agreement, without limiting the other rights and obligations applying to Users set out above, Early Childhood Providers:
Further, educators at Early Childhood Provider centres are entitled to retain copies of parts of Child Content for the purposes of documenting their own progress as educators, provided that such Child Content does not personally identify or allow the identification of any Child and otherwise complies with the above requirements. By submitting Child Content you agree to such use of it by the applicable educator. Each such educator can include such content in their own Educator Portfolio, and such Educator Portfolios may be maintained and used by the respective educators during and after their engagement by any particular Centre for the purposes of their development as educators.
Storypark will treat Personal Data as confidential and will implement reasonable physical, technological, and organizational safeguards, to keep Personal Data and confidential information confidential and secure. It will not disclose this information except:
Nevertheless, because internet transmissions and other security measures cannot be guaranteed to be 100% 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 or User feedback. Those Users agree not to disclose this information to third parties without Storypark’s prior written consent.
From time to time Storypark may permit a User to make screenshots or screencasts of the Service for marketing or educational purposes with Storypark’s prior consent. Without limiting any other provision, these screenshots or screencasts must not include any Child Content or any User Data unless the User who provided such User Data gives their prior written consent or, in the case of a Child, the explicit permission of that Child’s Primary Account Holder.
Storypark does not acquire ownership of any Intellectual Property Rights, including but not limited to copyright, trade-mark or patent or other proprietary rights, 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 Storypark for the purposes only of providing the Service to Users.
Some of the material (CCL Material) Storypark uses in its Services is licensed pursuant to a Creative Commons Licence and Storypark makes the CCL Material available to you on the terms of that Creative Commons Licence. In this regard:
Except as specified above in respect of the CCL Material, you agree that Storypark or its licensors owns all Intellectual Property Rights associated with the Service and any other materials created by or on behalf of Storypark (including but not limited to images, photographs, animations, video, audio, text, data, software code, functionality, the interface, User feedback and accompanying printed or marketing materials).
For the avoidance of doubt Storypark 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 privacy, Intellectual Property Rights or any law. Storypark will not access or remove your Content unless you provide permission, Storypark suspects you have breached this Agreement or otherwise in accordance with this Agreement.
Comments or opinions expressed in any user supplier content are those of their respective Users only. These do not necessarily represent or reflect the views of Storypark, and Storypark is not responsible for, and disclaims all liability in relation to, the User Content posted, uploaded or otherwise submitted to or through the Services.
We reserve the right, in our sole and absolute discretion, to modify, edit or remove any Content, if a complaint or notice of allegedly infringing materials is received with respect to the Content, or for any other reason.
If you believe any Content infringes your rights, please contact us using the information below.
If you choose to provide us with any product or service ideas or other feedback, (“Feedback”), you: (i) grant us a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all Feedback (in any format or media) that you provide; and (ii) waive all moral rights in and to all Feedback that you provide in our favour. For greater certainty, this means that, among other things, we have the right to use any and all ideas you submit (including ideas about our plans, services, publications or campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
The ‘Public Learning Sets’ feature allows educators to share curriculum or other links to learning within a public audience.
These links reflect local learning theories and practice and must not contain any Personal Data about individuals. Sharing these links enables educators to learn from each other. Storypark retains the right to use public content (being Content that does not contain Personal Data) for educational research and to benefit the early childhood sector. By providing such content, you grant us a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from such content for this purpose. Further you waive all moral rights in and to all such content in favour of us.
You agree to indemnify, and keep indemnified, Storypark, 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:
To the fullest extent permissible at law, in no event or circumstances shall Storypark 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, Storypark, its employees, agents, licensors, service providers, or any other persons acting on its behalf. To the extent permissible at law the total liability of Storypark 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.
As a Primary Account Holder you may request the deletion of one or more Child Profiles within your Account at any time.
You may cancel your Account and terminate this Agreement at any time by following the prompts within the Service. Termination does not entitle you to any refund of any payments made by you to Storypark unless required by law. It is your responsibility to remove all Content posted to your Account before deletion or cancellation. This information may not be recovered by you once an Account is cancelled.
Storypark may suspend or terminate your Account at any time if Storypark reasonably suspects you have breached this Agreement (including, for the avoidance of doubt, section 27).
Storypark may terminate your Account or any one or more Services you access via your Account in the event that Storypark no longer holds (or will in the future lose) the necessary rights or licences needed to provide such Service(s).
Upon termination Storypark may automatically remove all Content posted to that Account.
Termination does not entitle you to any refund of any payments made by you to Storypark unless required by law.
You agree that a back-up of Content from an Account and/or Child Profile may be maintained by an Early Childhood Provider who is a User (in a static form, not accessible through Storypark) notwithstanding such cancellation or termination.
You agree that Storypark may use third party vendors, licensors and hosting partners to provide hardware, software, networking, storage, services, support, and related technology to run the Service and store and manage the Content, or to otherwise assist us in the provision of the Services.
For Users who are not individuals resident in the Province of Quebec, this Agreement shall be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts for any matter arising under or relating to this Agreement.
You acknowledge and agree that Storypark may, at any time throughout the Term, transfer, novate, assign or sub-license its rights and obligations under this Agreement (or any part of them) without your consent, including (without limitation) to a third party licensor or service provider used by Storypark in connection with the Service.
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.
This Agreement or any part of it, including without limitation the fees, and services, may be amended or replaced from time to time, with or without prior notice to Users other than as required by applicable law, by posting an updated Agreement on the Website. Where required by applicable law or at our discretion, we will provide notice of such changes at least 30 days before the amendment comes into effect, setting out the new clause only, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment. You may refuse the amendment and rescind, or cancel your agreement with us without cost, penalty or cancellation indemnity. If any updated Agreement constitutes a material change to this Agreement, Storypark 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.
You acknowledge and agree that, in respect of other people’s Personal Data (including the Personal Data of Children) that you upload and transfer within the Service, you are acting as a joint data-controller along with Storypark in respect of such Personal Data.
By accessing and using the Service to upload and transfer other people’s Personal Data, you agree that you:
a) Comply with all Data Protection Laws: will comply with your obligations under all applicable Data Protection Laws;
b) Obtain consent: have obtained (or shall obtain) all consents necessary under Data Protection Laws, for Storypark to lawfully process the Personal Data through the Service as you direct, and that such consent is obtained from the correct person. If you are a Primary Account Holder, you must provide explicit consent to enable such information regarding a Child to be lawfully uploaded into the relevant Child Profile;
Storypark may, but shall not be required to, offer through the functionality of the Service a pop-up or embedded form to allow Account Holders to give their consent, retrospectively, to the processing of their Personal Data (or the Personal Data of a Child that they are the parent or guardian of) through the Service. However, you shall not rely on any such functionality, and it is your responsibility to ensure that you obtain consent from the appropriate person(s).
c) Withdrawn consent or objection to processing: must notify us (and remove the relevant Personal Data from the Service) without undue delay if any Account Holder fails to provide consent, withdraws their consent, or any part of their consent, or objects to any processing of Personal Data through the Service. This shall include any withdrawal of consent, or objection received by you from a Child to whom the Personal Data relates or from that Child’s parent or guardian;
d) Accuracy of Personal Data: will make sure that you are frequently updating any Personal Data stored within your Account that relates to another person when requested to do so by that person;
e) Security breach: upon becoming aware of a Security Incident, or any other breach, or suspected breach, of your security safeguards, must notify us without undue delay and shall provide timely information relating to the security incident as it becomes known or as is reasonably requested by us;
f) Sensitive data: if required by Data Protection Laws, will only upload or transfer Sensitive Data to the Service if Explicit Consent has been obtained from the Primary Account Holder;
g) Secure use of the Service: are responsible for your secure use of the Service, including securing your Account authentication credentials, protecting the security of Personal Data when in transit to and from the Service, taking any appropriate steps to securely encrypt or backup any Personal Data uploaded to the Service and ensuring that Personal Data is protected in a manner comparable to (or no less stringent than) the safeguards contained in the New Zealand Privacy Act 2020, and the local Data Protection Laws;
h) Evaluation of the Service: are responsible for reviewing the information made available by Storypark relating to data security and making an independent determination as to whether the Service meet your requirements and legal obligations under Data Protection Laws.
You may contact us at firstname.lastname@example.org, by post to Storypark Limited, PO Box 27239, Te Aro, Wellington 6141, New Zealand, or by phone at 1 888 330 9658.