Last updated: 1 December 2020
Last updated: 1 December 2020
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.
“Application” means the early childhood e-portfolio service and, as applicable, any CCMS 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) 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.
“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.
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 is subject to this Agreement.
Storypark grants you a limited, non-exclusive, non-transferable 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) 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 (or any part of it).
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, by the actions of a third party licensor or service provider, 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 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 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.
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 and each User releases Storypark from any liability associated therewith.
Storypark reserves the right to remove from any Account, Child Profile or Educator Portfolio any Content which it deems to be unsuitable.
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.
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.
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). 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.
In addition to the other rights and obligations applying to Users set out in this Agreement, the Primary Account Holder:
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.
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 any Child and otherwise complies with the above requirements. 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 make every reasonable effort to keep Personal Data and confidential information confidential and secure. It will not disclose this information except:
Nevertheless, because internet transmissions 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.
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 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 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.
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.
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.
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:
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 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.
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.
You agree that Storypark may use third party vendors, licensors 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.
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.
Storypark may transfer, assign or sub-license its obligations under this Agreement and its rights and obligations without your consent.
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 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.