KidTasker Terms of Service

Last Updated: November 4th, 2018
Welcome to KidTasker!
KidTasker (“Prezzee”, “we”, “us”, “our”) is a service which enables access to our mobile application and website where you can send reminders to yourself to help achieve your goals and communicate with your parents or guardians and update them of your progress (collectively the “services”).
Please read this document carefully because this User Agreement and Website Terms of Use (collectively, “Terms”) describe the legally binding agreement between you and KidTasker on which we offer you access to our mobile application, site and services.
The Terms, including our Privacy Policy are a contract between you (“you”, “your”) and KidTasker. By creating a KidTasker account, you must have read, understood, and agree to be bound by the Terms. While there is no minimum age to use KidTasker, it has been designed for children over the age of ten. If you are under the age of ten or are unsure about what our Services offer, we ask that you seek permission from your parents or a legal guardian to use KidTasker.
If you don’t agree to the Terms or do not have permission from a parent or legal guardian to use, do not use the Site or the Service.
We reserve the right to modify these terms at our sole discretion at any time. If any modifications are made, we will provide notice of such changes through the Service, email or by updating these Terms (as indicated by the “Last Updated” date found at the top of the terms) on the KidTasker website Terms of Service. By agreeing to this you consent to receive notifications through these means and your continued use of the Service will indicate your acceptance of the revised Terms. If you do not agree to any amended Terms, please stop using the Services.
Your KidTasker account:
In order to use KidTasker “the Service”, you will need to register an account.
To register an account you will need to provide:
  • Your name
  • Your email
  • Your date of birth
You will then need to create a password that we ask you to keep confidential so that no-one else can access your account.
By creating your account you agree to the following (1.) to submit your own valid e-mail address, (2.) to create a password; (3.) that all information that you submit will be accurate and not misleading; (4.) to keep confidential, all aspects of your account including your password; (5.) that you are responsible for any and all uses of your account, whether or not you’ve authorised such use; (6.) to keep confidential all aspects of other Users’ account information that you may have access to; and (7.) that you will not use the Site or Service for any unlawful or otherwise prohibited activity and (8.) that you will use this Service respectfully; and (9.) maintain and promptly update your account information to keep it accurate, current and complete (10.) notify KidTasker if you discover or suspect that your account has been subject to hacking or unauthorised use by emailing us at hello@kidtasker.com.au. By signing into KidTasker and creating an account, any misleading, inaccurate or false personal information will result in KidTasker reserving the right to deactivate your account and ban you from using our service in the future.
Security:
We encourage all users to have a passcode lock on their mobile devices. Do not share your passcode with anyone. If you lose your mobile device please contact us at hello@kidtasker.com.au.
Privacy Policy:
We respect your personal data and privacy at KidTasker. Please refer to our Privacy Policy on how information of our users is collected, used and disclosed.
KidTasker Service Description:
  • KidTasker is a reminder App designed to help kids achieve their tasks and goals.
  • The KidTasker mobile application and website is a free service to use.
  • To use this service you need to create an account with KidTasker.
  • There are no in-app purchases in KidTasker.
  • Features include Add a Task, Receive Reminders and Notifications, View your Achievements and Chat with parents and guardians to update them of your progress.
  • KidTasker is a platform that allows users a safe place to motivate themselves and help achieve their goals faster!
Intellectual Property and Limited License:
Unless otherwise indicated, the Services and all content and other materials are the proprietary property of KidTasker or our licensors or users and are protected by Australian intellectual property legislation.
KidTasker grants you a limited, non-exclusive license to access and use the Services and KidTasker content only for the purpose of using our services under these Terms. The license is subject to these terms and you are not permitted to:
  1. Sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Services or the KidTasker Content;
  2. Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of our Services or KidTasker Content;
  3. Modify, alter or otherwise make any derivative uses of the Service or the KidTasker Content, or any portion thereof;
  4. Remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Services or KidTasker Content;
  5. Use any data mining, robots or similar data gathering or extraction methods;
  6. Download (other than page caching) any portion of the Services or the KidTasker Content, except as expressly permitted via the Services and
  7. Use the Services or the KidTasker Content other than for their intended purposes.
Any use of the Services or the KidTasker Content other than what is specifically referred to in these Terms of Service is prohibited and any licence granted will be terminated. Unauthorised use may also breach intellectual property laws and intellectual property rights. The licence is revocable at any time.
Trademarks:
“KidTasker” is a registered trademark. “KidTasker”, the logo and any other KidTasker product or service names are KidTasker’s intellectual property and may not be copied, imitated or used, whether in whole or part, without the prior written consent of KidTasker. All other trademarks and names mentioned in the Service are the property of their respective owners and cannot be used without the permission of the relevant holder.
Repeat Infringer Policy and Copyright complaints:
KidTasker has a policy of terminating – in appropriate circumstances and at KidTasker’s sole discretion – users who are deemed to be repeat infringers. KidTasker may also limit access to the Services and/or terminate the accounts of any users who infringe the intellectual property rights of others. If you believe that anything on the Service infringes upon any intellectual property, which you own or control, a notification may be filed by emailing hello@kidtasker.com.au. If you knowingly misrepresent in your contact with us that the material or activity is infringing, you will be liable for any damages, costs or legal fees incurred by us or the alleged infringer as the result of our relying upon the misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
User Conduct:
The user is solely responsible for all content posted, uploaded, transmitted, distributed, stored, created or otherwise published through the Service (“User Content”). This content must comply with the rules set out below. They do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
We reserve the right to cancel a User account at any time for any reason in our sole discretion. You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Service content, which falls under any of the following:
  1. Unlawful, harassing, obscene, pornographic, sexually explicit or indecent, vulgar, suggestive, violent, threatening, hateful, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable;
  2. Any sexually explicit Content
;
  3. Language or User conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation
;
  4. Posting any unsolicited or unauthorized advertising, “spam,” or junk mail, including “chain messages” and “pyramid schemes”
;
  5. Submitting any Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right
 or intellectual property;
  6. Posting Content originally posted by another User without permission or attribution
;
  7. Content designed to deceive or trick the user of the Service;
  8. Material that impersonates any person/entity or otherwise misrepresents your affiliation with a person/entity;
  9. Private information of any third-party, including but not limited to addresses, phone numbers, email addresses or credit card numbers;
  10. Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service; or
  11. If we in our judgment and sole discretion deem it appropriate.
If there is content that is objectionable for any of the above reasons or otherwise, please let us know by sending us an email to hello@kidtasker.com.au. We will review your concerns, but we have the right in our sole discretion to make the final judgment on whether any Term has been violated and to determine what, if any, action should be taken.
While KidTasker does not control and is under no obligation to screen, edit or monitor any User Content that is posted, stored or uploaded onto the Services, KidTasker reserves the right to remove, screen or edit any content posted, stored or uploaded onto the Service at any time for any reason without notice. You are solely responsible for backing up your content and replacing any content you post, store or upload onto the Service at your own costs and expense. We take no responsibility or liability for any content.
You represent and warrant that:
  1. You own and control all of the rights to the content that you post, store or upload on the Service or that you have the right to make available such content via the Service;
  2. The content posted, stored or uploaded onto the Service is accurate and not misleading;
  3. KidTasker’s use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity.
User Conduct:
You are solely responsible for your conduct and the conduct of anyone who uses your account with respect to the Service, and you agree that you will not permit anyone using your account to conduct any of the following in connection with the Services:
  • Use the Services in a manner that could potentially interfere with, disrupt, negatively affect or inhibit other users from full enjoyment of the Service or that could damage, disable, overburden or impair the functionality of the Services in any way inconsistent with the Terms of Service;
  • Flag content or report abuse for improper purposes or without good reason;
  • Use the Service for any illegal or unauthorised purpose or engage, encourage or promote any illegal activity;
  • Imply that you have any connection with us or that we have endorsed you or any products/services for any purpose;
  • Create an account if you do not understand or agree to the Terms of Service;
  • Use or attempt to use another user’s account without their authorisation or KidTasker;
  • Modify, adapt, hack or emulate the Services;
  • Use any interface not provided by us to access the Services or to extract data;
  • Develop any third-party applications that interact with User Content or the Services without our prior consent;
  • Avoid or attempt to avoid any filtering, security measures or other features designed to protect the Services or third-parties; and
  • Infringe upon/violate the rights of KidTasker, our users or any third-party.
Should your account be disabled, you or anyone acting under your discretion are strictly prohibited from creating another account with KidTasker. We take no responsibility or liability for any user conduct, mistakes, defamation or omissions that you may encounter during your use of the Service. Your use is at your own risk.
Feedback
We welcome your feedback. Feedback submitted through the Service or otherwise is non-confidential and becomes the sole property of KidTasker. We own the intellectual property rights in and to such feedback, and are entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgement to you.
Disputes
For any technical issues with our Service please contact hello@kidtasker.com.au for us to review the problem. We will take all measures to rectify the issue as soon as possible. KidTasker will review your complaint and notify you in the event that we shall require additional information or documents. You agree to fully and timely cooperate with all requests we may make in the resolution process.
Disclaimers
You expressly acknowledge and agree that your use of the Service and KidTasker content is at your own risk. KidTasker disclaims any and all warranties and representations (express or implied, oral or written) with respect to the Service. KidTasker does not warrant that the functions contained in the Service will be accurate or meet your requirements, that the operation of the services will be uninterrupted or error-free.
Indemnification
In your use of the Service, you agree, at your own expense, to defend, indemnify and hold us, our service providers and consultants from any actual or threatened legal action, proceedings, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses caused by or arising out of your use of the Service, your violation of these Terms or any content you post, upload or transmit through the Service.
Limitation of Liability
In no event will KidTasker be liable to you or any third party for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever including, but not limited to, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses arising out of or related to the Service and content contained. In the matter of or relating to the use of or inability to use the Service, KidTasker’s total liability will not exceed fifty dollars ($50.00).
Applicable Law
KidTasker is based in Australia and our Service is subject to Australian legislation. We make no representations or warranties that the Service is appropriate or available for use in other locations. Should you choose to access or use the Service from locations outside Australia, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations. The laws of the state of New South Wales and Australia govern your use of the Service. You agree that any legal action arising out of or relating to the Services or the Terms will be filed only in the State and Federal courts located in Sydney New South Wales, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of these courts regarding any legal proceeding arising out of the Service.
Termination of Service
Your account with KidTasker and any access to the products and services is and shall remain at the sole and absolute discretion of KidTasker. KidTasker will reserve the right to change, suspend, remove, discontinue or disable access to the Service at any time and without notice. In no event will KidTasker be held liable for the removal of or disabling of access to any part or feature of the Service.
Severability
Should any provision of these Terms be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Waiver
Enforcement of the Terms is solely at our discretion and KidTasker’s failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.
Assignment
KidTasker can assign these Terms and its rights or delegate its obligations without your consent. All provisions contained in these Terms shall extend to and be binding upon you and KidTasker’s successors and assignees. You may not assign these Terms to another person or entity.
iOS Mobile App Provisions
Notwithstanding anything contrary in the Terms, the additional terms set out in this section will apply to the installation and use of KidTasker’s mobile applications on iOS devices. These terms govern any updates to, or supplements or replacements for, KidTasker’s mobile applications, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
Acknowledgement
Apple, the Apple logo, and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. Apple Pay and Touch ID are trademarks of Apple Inc. You acknowledge that the provisions above are solely between you and KidTasker, and not with Apple, Inc. KidTasker, not Apple, is solely responsible for KidTasker’s mobile applications and the content contained. You also acknowledge that your use of KidTasker’s mobile applications are subject to any additional restrictions set out in the Usage Rules for the Apple App Store Terms of Service as at the date you download KidTasker’s mobile applications. In the case of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the KidTasker Terms of Service, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will have precedence.
Scope of License
KidTasker grants you a non-exclusive, non-transferable, limited license to install and use KidTasker’s mobile applications on any iOS device that you own or control, solely as permitted by the Terms and the Usage Rules set out in the Apple App Store Terms of Service.
Maintenance and Support
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to KidTasker’s mobile applications.
Warranty
You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to KidTasker’s mobile applications. In the case of failure of KidTasker’s mobile applications to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, is any, paid by you to Apple for the KidTasker mobile applications, and to the maximum extent permitted by applicable law. Apple will have no other warranty obligation whatsoever with respect to these applications. You also acknowledge and agree that to the extent that there are any applicable warranties or other claims, losses, damages attributable to any failure to conform to any such applicable warranty; such will be the sole responsibility of KidTasker. You will understand and agree that in accordance with these Terms, KidTasker was disclaimed all warranties of any kind with respect to KidTasker’s mobile applications, and therefore there are no warranties applicable to such applications.
Product Claims
You acknowledge and agree that as between Apple and KidTasker, KidTasker and not Apple is responsible for addressing any of your claims or third-party claims relating to KidTasker’s mobile applications or your possession and/or use of such applications, including but not limited to (i) product liability claims; (ii) any claim that the applications fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights
You acknowledge and agree that in the event of any third-party claim that KidTasker’s mobile application or your possession and use of it infringe that third-party’s intellectual property rights, KidTasker and not Apple will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required under these terms.
Legal Compliance
You represent and warrant that: (i) you are not located in a country that is subject to an Australian Government embargo, or that has been designated by the Australian Government as a “terrorist supporting” country; and (ii) you are not listed on any Australian Government list of prohibited or restricted parties.
Third-Party Beneficiary
You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries under these provisions and that upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these provisions against you as a third-party beneficiary thereof.
Contact Us:
Should you have any questions or concerns regarding these Terms, our Services or require assistance please contact us at hello@kidtasker.com.au.