Courageous Kids End User Licence Agreement

1. GENERAL

1.1 Purpose of this document

This document sets out the terms for using the Application, including any upgrades that replace or supplement the original licensed Application.

The Parties acknowledge that this EULA is between you and Courageous Kids Pty Ltd (ABN 70 641 072 960), and no other person or organisation, including Google.

1.2 Your consent

You accept the terms in this document by doing any of the following:

1.3 Defined Terms etc

Capitalised words in this Agreement and the rules for interpreting this document are set out in the definitions and interpretation section at the end of this document.

1.4 Other documents which contain rights and obligations

Our Privacy Policy sets out the terms on which we collect, use, and disclose Personal Information. These policies and terms continue to apply to you to the extent that they are not inconsistent with this document.

1.5 Updates to this EULA

If you choose to make further purchases from us, including in-App purchases, or if you choose to upgrade the App, then we may agree to do so on condition that you accept an updated version of these Terms.

1.6 Contacting Us

You may direct any questions, complaints, or claims with respect to the Application to us using the following details:

Mail:Customer ServiceCourageous Kids Pty Ltd44 MacFarlan StreetSOUTH YARRA  VIC  3141
Email:info@courageouskids.com.au 

2. Consideration

2.1 Advertised Purchase Prices

We advertise the purchase price for the Application in the Google Play Store. 

We also advertise the price of particular Base Stories, Groups of Base Stories, and educational games in the Google Play Store and through the Application.

2.2 Obligation to Pay

You must pay the relevant advertised purchase price in consideration for the relevant licences granted in this EULA.

2.3 Currency

Unless the context clearly requires otherwise, the advertised prices for the Application are in Australian dollars.

2.4 GST

The advertised prices for the Application include GST.

3. Licences

3.1 Licence to Use the Application

We grant a non-exclusive licence to you to use the Licensed Works on any Android device that is owned or controlled by you and each Associated User for the Permitted Purposes in accordance with this Agreement.

3.2 Scope of Licence

The licence granted in Clause 3.1 is –

and you may not sub-license, assign or otherwise transfer it without our prior written permission.

3.3 Permitted Purposes

The licence granted in Clause 3.1 is strictly for the following purposes, and no other purpose (the ‘Permitted Purposes’):

3.4 Reservation of Rights

We reserve all rights in and to the Application, the Base Stories, the Customised Stories and the Supplied Images not expressly granted by, or referred to in, this EULA.

3.5 Restrictions

To avoid doubt, you must not:

except to the extent that any applicable law expressly permits such activity despite this Clause.

3.6 Withdrawal of Licences in Certain Circumstances

The licences granted in this EULA automatically cease if, due to your act or omission:

4. Your Obligations when using the Application and the Stories

4.1 Exercising Independent Judgment

You must exercise your independent judgment and knowledge of each child in your care when using our products. This includes:

4.2 Monitoring Use

You acknowledge that the Application is primarily designed to assist you to help children in your care, and that it is not to be used for entertainment or child-minding purposes. As such, you must ensure that your child is using screens for time periods which are suitable for their age.

5. Maintenance and Support, Etc

5.1 Support and Maintenance

We agree to ensure that the Application works on the Android device on which it is purchased at the time that it is downloaded.

You acknowledge that updates and upgrades to the Android operating system, or your choice to use a different device or hardware may cause the Application to cease working, or cease working as intended. Although we may take steps to ensure that the Application continues to work as intended, we are under no obligation to do so.

If you require support for the Application, please submit support requests via email to info@courageouskids.com.au. We will endeavour to respond to all support requests within 10 days.

5.2 Upgrades and Updates

We have the right to provide upgrades and updates to the Application from time to time, and to release additional stories. We are under no obligation to:

on any particular schedule, or at all.

6. Data and privacy

6.1 Privacy policy

We agree to handle the Personal Information you submit to us in accordance with our Privacy Policy (click here https://www.courageouskids.com.au/policy), and you agree that we have the right to collect, use and disclose Personal Information supplied by you in accordance with that policy.

To the extent that this EULA is inconsistent with the terms of our Privacy Policy, the terms in this EULA apply.

6.2 Personal Information of Children

You must not submit any Personal Information of a child through the Application unless you are the parent or legal guardian of that child, or you have the permission of the parent or legal guardian of that child.

You represent to us that any child’s Personal Information that you provide to us is provided in accordance with this Clause and the Privacy Policy.

7. Intellectual Property

7.1 Ownership of Intellectual property in the application, and content etc

Except as provided in this Clause 7, nothing in this EULA confers or transfers the ownership of any intellectual property to you, including intellectual property in –

to you.

7.2 Your authority to Submit End User Content

You must not –

through the Application unless you own that User Content, or are otherwise authorised to enter or submit it.

You warrant and represent to us that you own or are otherwise authorised to enter or submit all User Content into the Application.

7.3 No New Work

You agree and acknowledge that any User Content that is contributed to any Customised Story –

does not:

7.4 Licence to use User Content owned by you

If you contribute User Content to the Application or any Customised Story, you grant us a licence to –

that User Content to the extent reasonably necessary for us to exercise our rights and perform our obligations under this EULA. This licence is referred to in this EULA as the ‘User ContentLicence’. The User ContentLicence is:

8. Warranties and Representations by Us

8.1 The Nature of OUR STORIES

A ‘social story’ is a social learning tool that supports the meaningful exchange of information between adults and children. Social stories can be used to help children to learn socially appropriate behaviour and responses, and to build resilience and confidence in unfamiliar situations. All our stories are designed to aid communication between adults and children and help children understand what is planned or expected of them.

The concept of social stories was first devised by Carol Gray, who specified strict rules regarding composition, sentence structure, and message content. While many of our stories comply with these strict guidelines, some do not, and therefore do not fall within the technical definition of a social story. As such, we do not warrant, or represent, or guarantee that all of the Base Stories have been written to comply with Carol Gray’s specifications, and as such do not represent, warrant or guarantee that they all fall within the technical definition of a ‘Social Story’ as defined by Carol Gray.

8.2 No Association or Affiliation with Carol Gray

We are not associated, affiliated or connected with Carol Gray in any way, and our products are not associated, affiliated or approved of by her. We understand that Carol Gray may use the term ‘Social Stories’ as a trade mark in the United States, but we are using the term as a descriptive term and not a trade mark in Australia.

8.3 Efficacy

Social stories have been used for decades around the world and are widely believed to be beneficial to children’s wellbeing and development. Other explanatory stories may also be helpful. However, there has been insufficient research to make scientific claims about the efficacy or therapeutic effect of the stories. We cannot – and do not – make any representations, claims or warranties regarding the efficacy or the therapeutic nature of the Customised Stories or the Application.

8.4 Validity of the Licence

We warrant and represent to you that we have the right to grant the licence in Clause 3.1.

8.5 Compatible devices

We do not warrant or represent that the Application is compatible with every Android device. In particular, the Application is generally designed to work on mobile handheld devices such as iPhones and iPads, and will not work on Apple personal computers such as the iMac, and notebooks such as the MacBook Pro and MacBook Air.

8.6 Statutory Terms

The laws in force in Victoria imply certain terms into contracts such as these which cannot be excluded. Such terms include guarantees that goods are of acceptable quality.

Such guarantees form part of this EULA, and nothing here is intended to exclude, restrict or modify those terms or our liability to you for breach of those terms.

8.7 US Legal Compliance

You represent and warrant that:

9. Liability

9.1 Exclusion

Subject to our obligation under law not to exclude or restrict our liability to you, we exclude all liability to you for any loss, injury, harm, damage, claims or costs (including legal costs) relating to the Application and the Base Stories by us, including –

of whatever nature, whether indirect, incidental, special or consequential loss or damage or otherwise, including loss of business or other profits), and however arising, whether through – 

or otherwise.

9.2 Limitation

Where liability cannot be excluded, our liability to you is limited to – 

9.3 Choice of Remedy

We have the right to choose the remedy under Clause 9.2 above unless the law requires otherwise.

10. Third Parties to this Agreement

10.1 Obligation to Secure Incidental Services

You must secure all third-party goods and services necessary for you to use the Application, including Internet access.

You must comply with all applicable third-party terms of agreement when using the Application. For example, you must not be in violation of any agreement to provide you with Internet access when using the Application.

10.2 Status of Google

The Parties acknowledge and Agree that:

10.3 Inconsistency

This EULA is intended to be consistent with the Google Play Developer Distribution Agreement (https://play.google.com/about/developer-distribution-agreement.html). In the event of any unavoidable inconsistency between this EULA and that agreement, the Google Play Developer Agreement prevails. 

11. Resolution of Disputes

11.1.Mandatory Arbitration

Any and every dispute between us that is not resolved through negotiation conducted in accordance with the procedures set out below must be referred to, and finally resolved by, arbitration administered by the Australian Disputes Centre (the ‘ADC’).

11.2.Notices of Dispute

If a dispute arises, any aggrieved party may serve a notice in writing (a ‘Notice of Dispute’) on the other under this Clause 11. To be valid, each Notice of Dispute must:

11.3.Negotiation

Upon receipt of a Notice of Dispute, both Parties must use their best efforts to resolve our differences through good faith negotiation.

11.4 Referral for arbitration

If the dispute is not resolved within 14 days of the service of the Notice of Dispute then, unless both Parties agree in writing to –

either of us may refer the dispute to be resolved through arbitration.

11.5 Rules for the Arbitration

Unless both Parties agree otherwise in writing, the arbitration must be administered by the ADC in accordance with the ‘ADC Rules for Arbitration’ which are operating at the time the matter is referred for arbitration. Both Parties agree that these rules are incorporated into this Agreement.

11.6 Place of arbitration

Unless both Parties agree otherwise in writing, the arbitration must be conducted in Melbourne, Victoria.

12. General

12.1 Governing Law

These Terms are governed by the laws in force in the State of Victoria, Australia, and – subject to the requirements of Clause 12 – you submit to the jurisdiction of:

12.2.Entire Agreement

These Terms and the documents referred to in it make up the entire agreement between the Parties regarding the use of the Licensed Works, and they supersede any prior agreements, understandings and arrangements.

12.3 Severability

If any of this EULA are found to be unenforceable, the remaining terms will remain in full force and effect.

12.4 Waivers, Etc

A delay or failure to enforce this EULA does not amount to a waiver of our rights.

Any waiver of this EULA by us must be made in writing and signed by us. The waiver is only valid with respect to the particular instance or instances specifically referred to in the waiver.

12.5 Transfers, Etc

You have no right to transfer or sub-license any of your rights or obligations (including any membership) under this EULA to anyone else without our prior written consent.

We have the right to transfer or sub-license all of our rights and obligations under these terms upon written notice to you.

13. DEFINITIONS AND INTERPRETATION
13.1 Definitions

In this Agreement, the following words have the following meanings:

‘ADC’ has the meaning defined in Clause 11.1.

‘Application’ means the software application which is promoted under the Trade Marks.

‘Base Story’ means each customisable fictional story paid for by you and supplied by us to you through the Application.

‘Customised Story’ meanseach Base Storythat includes text and images selected, entered or uploaded by you using the Application or otherwise.

‘Licensed Works’ means, the Application, each Supplied Image, each purchased Base Story, and each Customised Story.

‘Notice of Dispute’ has the meaning defined in Clause 11.2.

‘Permitted Purposes’ has the meaning defined in Clause 3.3.

‘Personal Information’ means information that identifies you or could be used to identify you.

‘Supplied Image’ means any illustration or other graphical representation of any person or thing which is supplied by us for the purposes of inclusion in any Customised Story.

‘Trade Mark’ means any mark, whether registered or unregistered, which is comprised of, features or includes –

‘User Content’ means any text, image or other information which you (or people accessing the Application through your device) enter, contribute, upload, or otherwise insert into the Application (including any Base Story).

‘User Content Licence’ has the meaning defined in Clause 7.2.

13.2.Interpretation

This Agreement is governed by the following rules of interpretation:

A reference to ‘we’, ‘us’ or ‘our’ is a reference to Courageous Kids Pty Ltd (ABN 70 641 072 960).

A reference to a ‘Party’ or ‘either Party’ is (depending upon the context) is a reference to either you or us.

A reference to the ‘Parties’ is a reference to you and us.

A term defined in the singular has the corresponding meaning when used in the plural, and vice versa.

A reference to a person includes a reference to a group of persons or an incorporated body.

A reference to ‘these terms’, or ‘this agreement’ or this ‘EULA’ means the terms and conditions set out in this document, and any document incorporated by reference.

This document was prepared by Epiphany Law Pty Ltd, which is a Trademark and IP Law Firm based in Melbourne, Australia.