Terms of Use

1. Definitions

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

“Account” means (depending on the context) either a Centre Account (facilitating the access to one or more Child Profiles and Teacher Profiles) or an account controlled by a Primary Account Holder pertaining to one or more Children.

“Agreement” means these Terms of Use and the agreement that is formed between Storypark and you to use the Website and/or Application, subject to these Terms of Use.

“Application” means the early childhood e-portfolio service provided by Storypark, including that available on and through the Website, and unless the context requires otherwise includes all such applications we provide (including, without limitation the family version of our device application).

“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.

“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) and other dedicated area(s) appearing on the Application pertaining to a given Child on the Application.

“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 and personal information posted to the Application by a User.

“Early Childhood Provider” means, as the context dictates:

1. a Centre who has registered to use the Application;
2. an individual authorised by a Centre to use the Application, typically being a childcare
3. provider/educator/teacher/administrator of a Centre; or
4. another professional care provider such as a nanny, au pair or babysitter who has registered to use the Application.

“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.

“Primary Account Holder” means 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” means the Application and the Website, collectively and separately and where the context permits includes any related services.

“Teacher Profile” means a personal profile of a teacher or educator at a Centre, being created by or for that person for and in connection with their use of the Service.

“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.

2. Acceptance of Terms of Use

By using the Application or Website you are deemed to have accepted these Terms of Use, which shall form a binding agreement between you (as a user of the Website or Application) and Storypark. Your registration is subject to these Terms of Use.

3. Licence

Storypark grants you a limited, non-exclusive, non-transferable licence to access and use the Website and Application for the period of this Agreement in accordance with these Terms of Use. 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.

4. Changes

You accept that the Service may evolve and change over time. Storypark reserves the right at any time to modify, adapt, suspend or discontinue, whether temporarily or permanently, the Service (or any part of it) 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 modification, adaptation, suspension or discontinuance of the Service.

5. Disruption of Service

Storypark 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 within or outside our control.

To the 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. Storypark 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 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.

6. Conditions of use

6.1 In using the Service in any capacity you must:

1. ensure that any information you provide in connection with your registration and general use of the Service is and will remain true, accurate and current, and that you will promptly notify Storypark of any change in such information;
2. not create or maintain a Child Profile without the permission of the Child’s parent or guardian;
3. not permit a person who is not an Authorised Viewer to access the corresponding Child Profile;
4. 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;
5. not post, republish, reproduce or communicate Content including Child Content or information about any Child appearing on the Service or Application, 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 Primary Account Holder;
6. 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;
7. not post any Content or other information or material that is illegal, defamatory, abusive, demeaning, harmful, obscene, hurtful, offensive, objectionable or racist;
8. 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;
9. 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 Primary Account Holder;
10. keep your Account details and password strictly confidential and not share your Service password with any other person;
11. not do any act or omission to undermine the security or integrity of Storypark’s or any third party’s systems or networks; and
12. ensure that any person who uses the Service on your behalf (including any employee or contractor of yours) or for whom you are responsible complies with these Terms of Use generally and the matters referred to in (i) to (x) above specifically.

6.2 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 6.1 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.

6.3 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 6.1 and each User releases Storypark from any liability associated therewith.

Storypark reserves the right to remove from any Account, Child Profile or Teacher Profile any Content which it deems to be unsuitable.

6.4 Age Limit

Users must be at least 18 years old, with exception of the Province of British Columbia, where the users must be at least 19 years old, or have authorisation to access the Service by a parent or legal guardian. If you have authorised a minor to use the Service, you are responsible for their online conduct, and the consequences of any misuse.

6.5 Security

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

7. Fees

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 services that are made available by Storypark to Users (for example the provision of photo books). Fees must be paid in the currency of the country where the Centre to which your Account relates is domiciled.

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. 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. All Fees are exclusive of all taxes (other than New Zealand goods and services tax). Storypark will not be held liable for changing or refusing to refund the Fees.

8. Particular rights and obligations of a Primary Account Holder

In addition to the other rights and obligations applying to Users set out in these Terms of Use, the Primary Account Holder:

1. has the right to control their corresponding Child Profile (including all Child Content thereon) and its management except as otherwise stated in this Agreement, including the ability to add new Content relating to their Child and to permit, approve or disapprove and disallow others to become Authorised Viewers;
2. can agree to delegate the above roles to, or agree to share these roles with an Early Childhood Provider for the Child by sending an invitation to, or accepting an invitation from an Early Childhood Provider to do so. In that case the Primary Account Holder agrees that the Child’s Early Childhood Provider has the authority to decide who has access to the Child Profile, as well as adding, editing and removing Content relating to the Child in that profile. If the Primary Account Holder does not wish to allow the Early Childhood Provider to have those rights, then they should either not invite them, or if the Early Childhood Provider has provisionally created a Child Profile for that Child, you should be asked to remove your Child from the Service (and they must act on such requests promptly).
3. agrees and acknowledges that where they grant an Early Childhood Provider/ Centre rights to access a Child Profile, various members of that organisation’s educational staff may be able to access, view and edit that Child Profile and access may not be limited to any particular person within that organisation.

If as the Primary Account Holder you believe or suspect someone is accessing or managing your Child’s Content without your consent, you should immediately contact Storypark. If you have previously granted someone access to your Child’s Content and you wish to revoke that access, you can remove their ability to access your Child’s Content at any time by following the prompts within the Service.

9. Rights and obligations of an Early Childhood Provider

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, Early Childhood Providers:

1. are responsible for and liable in respect of obtaining consent from the actual or proposed Primary Account Holder for each Child in respect of whom you provide such Early Childhood Provider services before creating a Child Profile for that Child or uploading that Child’s Content to the Service. If a Primary Account Holder provides their consent they are granting you (as the Early Childhood Provider) the right to add to or remove Content from their Child’s Child Profile (including any Child Content). Such Early Childhood Providers will be entitled to access that Child Profile and Child Content for as long as the Primary Account Holder permits;
2. must also ensure that any Content they upload 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;
3. must comply with the Conditions of Use contained in clause 6, including, without limitation in respect of Teacher Profiles;
4. must promptly remove from any Child Profile any Content relating to a Child if asked to do so by the relevant Primary Account Holder;
5. 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);
6. agree and acknowledge that a Primary Account Holder may remove their ability to access or manage their Child’s Content and Child Profile at any time; and
7. agree and acknowledge that where a Centre establishes or maintains a Centre Account, Teacher Profiles (in whole or part) and associated content pertaining to that Centre Account may be made available or accessible (by Storypark) to the Centre who established or maintains that Account.

Further, teachers at Early Childhood Provider centres are entitled to retain copies of parts of Child Content for the purposes of documenting their own progress as teachers, provided that such Child Content does not personally identify any Child and otherwise complies with the above requirements. Each such teacher can include such content in their own Teacher Profile, and such Teacher Profiles may be maintained and used by the respective teachers during and after their engagement by any particular Centre for the purposes of their development as teachers.

10. Confidentiality and privacy

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

Storypark will treat personal information as confidential and comply with the Privacy Act 1993 (New Zealand), the Privacy Act 1988 (Cth, Australia), the Personal Information Protection and Electronic Documents Act, SC 2000, c5 (federal, Canada), the Personal Information Protection Act (Alberta, Canada), the Personal Information Protection Act (British Columbia, Canada) and Storypark’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 Australia only. All personal information relating to children on Storypark is hosted in Australia. You will see reference in that policy to the fact that some personal information may be provided to companies located in the USA who offer software as a service products that process content for inclusion on the Application (for example, conversion of images and videos to make them suitable for viewing online/ through a web browser). Those third parties do not control, and are not permitted to (and are contractually obligated not to) access or use the personal information provided except for those limited purposes. 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.

Storypark 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 Primary Account Holder or an Early Childhood Provider;
• to Storypark’s personnel and any service provider that Storypark 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 Storypark or its assets are purchased or acquired (provided that the purchaser / acquirer agrees to be bound by corresponding confidentiality and privacy terms);
• if the relevant Primary Account Holder gives Storypark permission to do so; or
• 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, and you should only proceed to use the Application if you accept this condition.

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 Storypark’s Privacy Policy.

11. 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 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.

12. Intellectual Property Rights

Storypark does not acquire ownership of any Intellectual Property Rights, including but not limited to copyright, trade-mark or patent or other proprietary rights of Storypark, 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.

You agree that Storypark 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, 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 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.

13. Shared Content

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 information 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 information) for educational research and to benefit the early childhood sector.

14. Indemnity

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:

• 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).

15. Limitation of liability

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 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.

16. Cancellation by you

As a Primary Account Holder you may request the deletion of one or more Child Profiles within your Account at any time. You may also 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.

17. Termination by Storypark

Storypark may suspend or terminate your Account at any time if Storypark reasonably suspects you have breached this Agreement. Upon termination Storypark may automatically remove all Content posted to that Account.

18. Back up of Content

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 online) notwithstanding such cancellation or termination.

19. Use of subcontractors etc.

You agree that Storypark 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.

20. Jurisdiction

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.

21. Assignment

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

22. 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.

23. 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, 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.