Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Childcare Forms, a sole trader business operating in Australia ("we", "us", or "our"). By accessing or using our form management platform ("Service"), you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Service.

2. Description of Service

Childcare Forms provides a software-as-a-service platform that enables childcare services and other organisations to:

• Create and customise digital forms
• Distribute forms to families and staff
• Collect and store form submissions
• Receive email notifications of form submissions

3. Account Registration

To use our Service, you must register for an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorised access
• Accept responsibility for all activities under your account

4. Subscription and Payment

4.1 Subscription Plans

We offer various subscription plans with different features and limits. The specific features and pricing of each plan are described on our website and may be updated from time to time.

4.2 Payment Terms

Paid subscriptions are billed in advance on a monthly or annual basis. All payments are processed securely through Stripe. You authorise us to charge your payment method for all applicable fees.

4.3 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period. Outside of refund rights you have under the Australian Consumer Law, refunds for partial billing periods are provided at our discretion.

4.4 Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law (or any other applicable law) that cannot lawfully be excluded. Where our liability for breach of a non-excludable consumer guarantee can be limited, our liability is limited (at our option) to resupplying the Service or paying the cost of having the Service resupplied.

5. User Responsibilities

You are solely responsible for:

• The content of forms you create using our Service
• Obtaining appropriate consent from individuals whose data you collect
• Complying with all applicable privacy laws and regulations, including the Australian Privacy Act 1988
• Ensuring form data is collected and used lawfully and ethically
• Managing access to your account and form data
• Maintaining backups of your important data

You must not use our Service to collect, store, or transmit any data that violates applicable laws or infringes on the rights of others.

6. Data and Security

6.1 Data Processing

We process and store data on your behalf as a data processor. You remain the data controller and are responsible for determining the purposes and means of data processing.

6.2 Security Measures

We implement reasonable security measures to protect data stored on our platform, including encryption, access controls, and secure infrastructure. However, you acknowledge that:

• No system is completely secure
• We cannot guarantee the security of data transmitted to or from our Service
• You are responsible for securing your own systems and credentials

6.3 Email Delivery

Form submission notifications are sent via email to addresses you specify. You acknowledge that:

• Email delivery depends on third-party services and is not guaranteed
• Emails may be delayed, filtered as spam, or fail to deliver
• Email is not a fully secure communication method
• You should not rely solely on email notifications for critical data

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Data Loss: We are not liable for loss, corruption, or destruction of your data or form submissions caused by events outside our reasonable control, including third-party service failures, your own acts or omissions, or force majeure events. This exclusion does not apply where the loss results directly from our gross negligence or wilful misconduct. You are responsible for maintaining your own backups of important data.
• Security Breaches: While we implement reasonable security measures, we are not liable for unauthorised access to, disclosure of, or theft of data stored on our platform, except where the breach results directly from our gross negligence or wilful misconduct.
• No Consequential Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or reputation, arising out of or related to your use of the Service.
• Maximum Liability: Our total liability for any claims arising from or related to these Terms or the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. In such cases, our liability shall be limited to the maximum extent permitted by applicable law.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties of non-infringement
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or reliability of any information obtained through the Service

9. Indemnification

You agree to indemnify Childcare Forms and its owner, employees, contractors, and agents from third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) to the extent they arise out of:

• Your breach of these Terms
• Your violation of any applicable laws or regulations
• The content of forms you create or data you collect through the Service
• Your infringement of any third-party rights, including privacy rights
• Claims by individuals whose data you collect through our Service relating to your handling of that data

This indemnity does not apply to the extent the claim is caused by our gross negligence, wilful misconduct, or breach of these Terms.

10. Intellectual Property

The Service, including its design, features, and underlying technology, is owned by Childcare Forms and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the Service in accordance with these Terms.

You retain ownership of the content and data you create or upload to the Service. You grant us a licence to use this content solely to provide the Service to you.

11. Termination

11.1 Termination for cause

We may suspend or terminate your access to the Service immediately, without notice, if you:

• Materially breach these Terms and fail to remedy the breach within 7 days of being notified (where the breach is capable of remedy)
• Fail to pay fees when due
• Engage in fraudulent or illegal activity
• Take actions that materially harm other users or our Service

11.2 Termination without cause

Either party may terminate without cause by giving at least 30 days' written notice. If we terminate without cause, we will refund any prepaid fees for the unused portion of your billing period on a pro-rata basis.

11.3 Data export and deletion

On cancellation or termination, we will retain your account data for at least 30 days so you can export it. After that period, we may delete your data in accordance with our data retention policies. You acknowledge that childcare records may have statutory retention requirements (including under the Education and Care Services National Regulations) and you are responsible for retaining your own copies as required by law.

12. Service Availability

We strive to maintain high availability of our Service, but we do not guarantee uninterrupted access. We may modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

13. Modifications to Terms

We may update these Terms from time to time. For material changes that adversely affect your rights, we will give you at least 30 days' notice by email or via the Service before the changes take effect. If you do not agree to the changes, you may cancel your subscription before they take effect and receive a pro-rata refund of any prepaid fees for the unused portion of your billing period. Non-material changes (such as clarifications or formatting) take effect on posting. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

14. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Childcare Forms regarding the Service and supersede any prior agreements or understandings.

17. Contact Us

If you have questions about these Terms of Service, please contact us at:

Email: support@childcareforms.app