PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE CAN DO KIDS WORLDWIDE WEBSITE
1. ABOUT US:
a. Can Do Kids Worldwide Pty Ltd A.C.N 677 398 088 (“We, Us”) operate this Website. This website contains educational resources which are supplied to Users for their personal, non-commercial use on any computer, tablet or mobile device.
b. To contact us, please email (hello@candokidsworldwide.com)
c. We may update and change our Website from time to time, to reflect changes to our products, and accommodate our Users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
d. Users will be notified of any planned suspension of our Website which will affect their use of our services. We will endeavour to fix any unplanned downtime with minimal disruption to subscribers. See Subscription Terms for further information relating to any disruptions and terms applicable.
e. Can Do Kids Worldwide contains resources which are IP Works which are licensed to Can Do Kids Worldwide under a Licence Agreement by the ultimate owner of the Intellectual Property being the Amazing People Company Pty Ltd A.C.N 152 609 302 As Trustee For The Amazing Ip Trust (hereinafter "Head Licensor").
2. TERMS OF USE AND ACCEPTANCE:
a. The use of this website is governed by the policies, Terms and Conditions set forth below. Please read them carefully. By using this website, you agree to be bound by the Terms and Conditions outlined above and below and also to the provisions of our Privacy Policy and Cookie Policy.
b. Users will be notified of any planned suspension or maintenance of our website which will affect their use of our website. We will endeavour to fix any unplanned downtime with minimal disruption to Users.
c. We reserve the right to review and change any of the Terms by updating this page at our sole discretion. When We update the Terms, we will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
d. If any part of these Terms and Conditions is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
e. These Terms and Conditions will be governed by and interpreted in accordance with the law of Queensland without giving effect to any principles of conflicts of laws.
f. You agree to the jurisdiction of the courts of Queensland to determine any dispute arising out of these Terms and Conditions.
g. You must not assign, sub licence or otherwise deal in any other way with any of your rights under these terms of use.
3. USER ACCOUNTS
a. Can Do Kids Worldwide is a subscription service. You must register as a member (“User”) to access our website content.
b. By registering as a User on the website, you are agreeing to us storing your personal information for marketing purposes and are agreeable to being sent information on products and services offered by us.
c. All registered Users will be required to complete our Subscription Agreement and the provision of membership is subject to the Terms and Conditions of our Subscription Agreement.
d. You must not disclose your Username or password to any third party without our prior written consent.
e. We reserve the right to disable any User account or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
f. If you know or suspect that anyone other than you, or your Authorised Users (as defined in the Subscription Terms), knows your username or password, you must promptly notify us at hello@candokidsworldwide.com
4. GLOBAL EDUCATION PARTNERS
Use of School Name and Imagery
a. By participating in the Partnership, the School grants CDKW a non-exclusive licence to use the School's name, logo, and imagery (including photos and videos) in promotional materials. This licence includes but is not limited to:
i. CDKW's website and social media platforms. ii. Marketing materials such as newsletters, brochures, and flyers. iii. Case studies, blog posts, and other content showcasing the School's achievements and participation in the Program.
Responsibilities of the School
b. The School agrees to:
i. Provide CDKW with accurate and current information about the School for use in promotional materials. ii. Obtain necessary permissions from students, parents, and staff for any imagery or content provided to CDKW. iii. Actively engage with CDKW's platform and participate in promotional activities as agreed upon.
Responsibilities of CDKW
c. CDKW agrees to:
i. Provide the School with complimentary access to the Can Do Kids Worldwide platform under a Premium Subscription for the duration of the Partnership. ii. Offer personalized onboarding and ongoing support via Zoom. iii. Collaborate with the School to create and share promotional content that highlights the School's achievements.
d. Schools are encouraged, though not legally obligated, to participate in the broader CDKW community. This can include joining forums or attending webinars to share best practices and learn from other educators.
5. USE OF PERSONAL INFORMATION
a. We respect your privacy and any of the information collected on this website will be kept strictly confidential and will not be sold, disclosed or loaned to any other organisations other than related companies and those third parties directly related to the delivery of the products you have purchased from our organisation.
b. We may also collect information regarding the way in which you use the website including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the website.
c. Credit card details are not stored in our systems. When subscribing to our website your financial details are passed through to a secure server using PayPal encryption technology. We do not share credit card information with third parties, except with our bank for the purpose of processing payments or as required by law.
6. INTELLECTUAL PROPERTY
a. All material appearing on this website including the text, website design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are IP Works which are owned by or licensed to us under a Licence Agreement by the ultimate Owner of the Intellectual Property and IP Works being the Amazing People Company Pty Ltd A.C.N 152 609 302 As Trustee For The Amazing IP Trust (hereinafter "Head Licensor").
b. You agree that you will not at any time conduct or permit any act which infringes the IP Rights subsisting in the Website, including but not limited to modifying, adapting, translating, reverse engineering, decompiling or disassembling the Website or material on the Website; or reproducing the Website or material on the Website except as otherwise expressly authorised by this us.
c. The IP Works are protected by copyright laws both in Australia and internationally and treaties around the world. All such rights are reserved. Nothing in these terms of use constitutes a transfer of any intellectual property rights.
d. Our status (and that of any identified contributors) as the authors and intellectual property right owners of content on our Website must always be acknowledged.
e. You agree that you will not use any of our IP Works without our prior written consent.
7. ACCEPTABLE USE OF OUR RESOURCES
a. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
b. Use of Downloadable or Printable Resources:
i. Some resources have been created with a view to teachers, students, parents or carers downloading and printing for their personal use and in classroom use only. ii. These resources must not be forwarded, supplied, reproduced, modified, republished, uploaded, posted, transmitted or distributed to any third party without our express written consent. (and no onward supply to other teachers or Institutes/Schools who are not subscribers). iii. For the avoidance of doubt, only a subscriber User or a person who is a teacher or student of an Institute or body who is a User, may use and access the materials. iv. Non-subscriber Users should not use any resources without our express permission. v. Resources should not be copied and used without acknowledgement.
c. All rights not expressly granted herein are reserved.
d. Any unauthorised use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
e. Misuse of the materials on our Website may result in suspension of subscription.
f. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our site is accurate, complete or up to date. Subscribers are encouraged to contact us if they identify issues which CDKW should address.
g. You must not use your Account for any purpose that:
i. is illegal, unlawful or fraudulent; ii. attempts to gain unauthorised access to other user accounts or our systems; or iii. places unreasonable load or demand upon the Website or our systems, including but not limited to conducting denial of service attacks against our systems.
8. LINKING TO OUR WEBSITE
a. Provided you at all times comply with the Terms and Conditions herein, you are authorised to share a link to our home page or other public parts of our Website. Posting a link to our Website must not damage our reputation or violate our Intellectual Property Rights.
b. Users are encouraged to share links to our Website to demonstrate their support for Can Do Kids Worldwide.
9. LIMITATION OF LIABILITY
a. Our Website is provided on an “as is” and “as available” basis; to the maximum extent permitted by law, we do not warrant or guarantee that the Website will be free from errors or defects; be continuously available or operational; or incorporate particular functions or features.
b. You warrant and agree that you use the Website at your own discretion and risk and that you will be solely responsible for any damage or loss whatsoever that results from such use.
c. To the full extend permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions.
d. We retain the right to add or remove functions or features of the website at our sole discretion; and restrict or limit access to the Website for the purpose of conducting scheduled and unscheduled maintenance of the Website.
e. Subject to the maximum extent permitted by the Australian Consumer Law 2010 (Cth) (“the ACL”) (and relevant state legislation):
i. our sole obligation to you is to provide the Website in accordance with these Terms and Conditions and our Subscription Agreement; and ii. in no event will we, or any of our servants, officers, agents or representatives, be liable to you for any:
1. other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the Website, and any indirect, special or consequential damages or injury to any person. 2. default or failure in performance of our obligations pursuant to these Terms and Conditions or the Subscription Agreement resulting directly or indirectly from a Force Majeure event or your breach of any provision of these Terms and Conditions or the Subscription Agreement; or 3. Liabilities caused by or suffered by you in relation to an error or defect in the Website or errors or faults caused by any person.
10. WARRANTIES
a. You agree to at all times promptly indemnify, save and hold us (and our related bodies corporate) harmless from and against all and any claims, damages, liabilities, costs and expenses (including legal costs and expenses) arising out of:
11. VIRUSES
a. We do not warrant, guarantee or make any representation that:
i. the website, or the server that makes the website available on the wide world web are free of software viruses;
ii. the functions contained in any software contained on the website will operate uninterrupted or are error-free; and
iii. errors and defects in the website will be corrected.
b. We are not liable to you for:
c. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the website.
d. You must not misuse our Website by knowingly introducing viruses, malware, spyware, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Cybercrime Act 2001 or similar legislation. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Date of Last Revision: 22 July 2024.
SUBSCRIPTION AGREEMENT: CAN DO KIDS WORLDWIDE
A. This Subscription Agreement contains the terms and conditions upon which Can Do Kids Worldwide Pty Ltd (“we”, “us”, “our”) offer you membership to our Website and access to our resources.
B. By clicking “I Accept” or otherwise using the Website you will be deemed to have accepted, and agreed to be bound by, the terms and conditions contained in this Agreement together with our General Terms and Conditions. If you do not accept the terms and conditions contained in this Agreement, you must not use the Website.
C. In consideration of the payment of the Subscription Fees during the Term and the exchange of obligations as expressed in this Agreement, we hereby agree to provide you with access to, and grant to you a non-exclusive, non-transferable Subscription to use the Website for the Term on the terms and conditions set out in this Agreement and in accordance with our General Terms and Conditions.
1. YOUR ACCOUNT
1.1. Security: You will be deemed to be responsible for any acts or events that occur within your Account.
1.2. Your Details: You must promptly update and maintain your user details within your Account, including any change of address or contact details.
1.3. Use of your Account: You must only use your Account for lawful purposes and in accordance with our General Terms and Conditions.
2. PAYMENTS
2.1 During the Term:
a) You acknowledge and agree that the Subscription Fees will be billed automatically in accordance with your selected Payment Period and through your selected Payment Method.
b) If you need to adjust your Payment Period or Payment Method, you can do so by accessing your Account. Please note that school accounts are invoiced and created manually, so you will need to contact our team for any changes.
c) You authorize us to continue billing the Payment Method each Payment Period. You warrant that these details are up to date and current and agree to remain responsible for any uncollected amounts.
d) In the event of any failed or declined payment, you agree to compensate us for any merchant fees or declined transaction fees incurred by us from our financial institution.
e) We may adjust the Website and/or the Subscription Fees from time to time. We will provide you with written notice by email to the email address nominated in your Account of any changes to our pricing or to the Website not less than thirty (30) days before the changes occur,
3. DISPUTES
3.1. Neither party may start court proceedings (except proceedings seeking interlocutory relief) in respect of any dispute arising from, or in connection with, this Agreement (Dispute) unless it has first complied with this clause 3.
3.2. A party claiming that a Dispute has arisen must notify the other party in writing of the event occurring that has given rise to the Dispute.
3.3. If a Dispute is not resolved within a 20 day working period (or if the parties agree a longer period, that longer period), of a Dispute being notified under clause 3.2, the Dispute must be referred for mediation, in accordance with the Australian National Mediation Standards and to a mediator agreed by the parties, or if the parties do not agree on a mediator, a mediator nominated by the then current President of the Queensland Law Society (or the President's nominee).
3.4. Unless we otherwise agree in writing, you will not be entitled to withhold payment of any amounts due to us under this Agreement or offset such amount against any Claim that you may have against us.
4. VARIATION
4.1. From time to time we may vary the terms of this Subscription by giving you notice of the variation. Such Variation will apply to you and be incorporated into the terms of this Agreement from the later of the date that the relevant Variation is stated to commence; or we notify you of the relevant Variation.
5. TERMINATION
5.1. You may terminate this Subscription at any time by notifying us and cancelling your Account.
5.2. We may terminate the Subscription by notice to you if:
a) you fail to pay the Subscription Fees or any amount payable to us by the relevant due date; or
b) breach any provision of this Agreement; or
c) breach any provision of a Policy; or
d) become the subject of an Insolvency Event.
5.3. Upon termination of the Subscription for any reason your right to access and use the Website will end, you must pay to us any outstanding Subscription Fees, which are not the subject of a dispute and we may delete your Account and all data held by us associated with your Account.
5.4. Termination of the Subscription does not affect any rights or remedies which we may have otherwise under this Agreement or at law or in equity.
5.5. Survival. Your obligations under the General Terms and Conditions and Clauses 3, 5.3 and 5.4 survive expiry or termination of this Agreement.
6. POLICIES
6.1. From time to time we may adopt Policies. Such Policies will be published on our Website and will apply to you and be incorporated into the terms of this Agreement from the later of the date that the relevant Policy is stated to commence or we notify you in writing to the email address nominated in your Account of the relevant Policy.
7. GLOBAL EDUCATION PARTNERSHIPS
7.1. This clause applies if the User is a Global Education Partner being a school, institute or body whether located within Australia or internationally who wish to named as a Global Education Partner.
7.2. The Subscription will commence upon the School's written acceptance into the this Agreement and will continue for three (3) years.
7.3. Either party may terminate this Agreement with 30 days written notice. Upon termination, the School will lose access to the CDKW website and associated benefits, and CDKW will cease using the School's name and imagery in new promotional materials.
8. GENERAL
8.1. GST. All charges are in U.S. Dollars (USD). As an Australian business, we apply a 10% GST to Australian customers unless otherwise specified.
8.2. Governing Law. This Agreement shall be governed by and construed according to the law of the State of Queensland in the Commonwealth of Australia, and all disputes will be heard by the appropriate courts in Queensland.
8.3. Entire Agreement. This Agreement and the General Terms and Conditions sets forth the entire Agreement and understanding between the parties as to the subject matter of this Agreement and merges all prior discussions and Agreements between you and us. Neither party will be bound by any conditions, definitions, warranties or representations in respect of the subject matter of this Agreement other than those contained in this Agreement and the General Terms and Conditions for use of the Website.
8.4. Severability. If any provision of this Agreement is to any extent held by any Court of competent jurisdiction to be invalid or unenforceable, the remaining terms and provisions of this Agreement will not be affected and will remain in full force and effect.
8.5. Relationship. Nothing in this Agreement creates a relationship of principal and agent, partnership, joint venture or employment between you and us or any of our employees, consultants, agents or sub-contractors.
8.6. Assignment. You may not assign, transfer or otherwise deal with the benefit of this Agreement in any way without our prior written consent. We may assign or novate our rights and obligations under this Agreement at any time by giving notice to you.
8.7. Waiver. Any waiver of, or failure or omission to enforce, any of our rights under this Agreement will not constitute a waiver of our rights under this Agreement.
8.8. Further assurances. Each party shall do all such acts, matters and things and execute such further Agreements and other documents as may be necessary or desirable for the purpose of giving effect to this Agreement.
INTERPRETATION
The following expressions will have the meanings set out below:
| Agreement | this Subscription Agreement and each Policy |
| Policy | the policies such as privacy policy, cookie policy, acceptable use policy and the like adopted by us from time to time and notified to you in accordance with clause 6.1; |
| Account | your user account within the Website; |
| Content | includes and data generated or input by any party into your Account; |
| Subscription Fees | those amounts: As specified in the fee schedule on our website, payable through the chosen Payment Method each Payment Period. Note:
|
| Notices | includes a notice, demand, consent, approval or communication under this Agreement and must be in writing, in English and signed by a person duly authorised by the sender or hand delivered, sent by pre-paid express post or email to the recipient's address. A Notice takes effect when taken to be received (or at a later time specified in it), and is taken to be received if hand delivered, on delivery; or if sent by pre-paid express post, four business days after the date of posting (or seven business days after the date of posting to or from a place outside Australia); or if sent by email, when received by the recipient's electronic information system, pursuant to section 24(1) of the Electronic Transactions (Queensland) Act 2001. If the delivery or receipt is not on a business day or is after 5:00pm on a business day, the notice is taken to be received at 9:00am on the next business day. |
| Payment Method | that method of payment proposed by you and being adjustable on your Account |
| Payment Period | that period being either monthly or yearly of the Subscription Fees and being adjustable on your Account; |
| Force Majeure Event | a circumstance beyond our reasonable control which results in our being unable to observe or perform on time, an obligation under this Agreement, including but not limited to:-
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| GST | the goods and services tax imposed pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and associated regulations and legislation; |
| Insolvency Event | any one or more of the following events in relation to a party (“affected party”), namely:-
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| IP Rights | means intellectual property rights including patents, patent applications, trademarks, copyright, designs (whether registered or not), circuit layout rights, know-how and trade secrets subsisting in the Website, any improvements or the confidential information and anywhere in the world; |
| IP Works | all materials appearing on this website, including the text, website design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof which contain IP Rights |
| Term | the period from the date that you first accept this Agreement or use the Website until termination pursuant to clause 5; |
| Trade Marks | any trademarks, names and logos associated with the Website and our operations, including by not limited to Can Do Kids Worldwide and the Can Do Kids Worldwide logo; |
| Website | our website located at https://candokidsworldwide.com or such other domain names as may be applicable from time to time; |