Kinephonics Terms and Conditions of Use for Individual End Users to the Kinephonics Language Learning Platform

Please read these Terms and Conditions of Use (the Terms) fully before using the Kinephonics language learning platform and any of the services, features or functionality on the  Kinephonics platform (the Services) as they make up the legal framework applying to the use of the Services.

When you register with Kinephonics, you (the “End User”) agree to these terms and conditions of use (the Terms) and also agree to the terms set out in the Kinephonics Privacy Statement, which form part of our contract with you. By completing the registration, you agree to enter into a valid contract with Kinephonics on the Terms.  By clicking the accept button as part of the registration process, you are agreeing to be bound by these Terms; or by using the services, you are agreeing to be bound by these Terms.

If you do not accept these Terms, then you should not register nor use the Services.

1.            Eligibility

1.1          You are allowed to register as a user if an organization (the Organization), who has a subscription/contract with Kinephonics,  has nominated or accepted you to join their designated group on the Kinephonics learning platform. You then gain access to use the Kinephonics learning platform and services and the information loaded onto that Organization’s separate group page by the Organization.

1.2          If you are under the age of 16, you will need to provide the consent of your parent or legal guardian before you will be eligible to use the Services.

2.            When the contract terms become binding on You

You must complete the online registration process and accept the Privacy Statement and Terms of Use. Once Kinephonics has verified your personal data and confirmed with the Organization setting up the group page that you are authorized to be a member of their group, then you have entered into a valid contract and are legally obligated to follow these Terms when you are using the Kinephonics platform or any of its functionality. You will then be authorized to use the Kinephonics platform.

3.            Privacy

3.1          Privacy of your personal data is very important to us. The Kinephonics Privacy Statement sets out how we collect, disclose, use, share and manage your personal

Data and how you can manage and control the personal data you provide. The terms of the Privacy Statement form part of these Terms and are incorporated into these Terms by this reference.

3.2          In terms of personal data provided by you, you consent to Kinephonics sharing your personal data with third party service providers for the purposes of hosting and operating the Services, and  analyzing the data for maintaining, developing and optimizing the Services and promoting new Services to you. You also consent to the sharing of your  personal data with third parties in the manner set out  in section 2 of the Kinephonics Privacy Statement, regarding use of cookies and other technology tracking tools.

3.3          The Organization manages its own group page and will manage certain aspects of your account and participation in their group page on the  Kinephonics learning platform. Because of that fact, they will have access to certain parts of your personal data. That is described in more detail in our Privacy Statement. You consent to the Organization being provided with your personal data. You should also review their Privacy Policy as this may also affect your use of the content they provide.

4.            Your obligations

4.1          You can only use the services in accordance with these Terms, as permitted by law and as permitted under the rules, codes of conduct, or guidelines established by Kinephonics and the Organization which operates the group page.

4.2          You can use the ebooks, training materials and other programs on the Organization’s group page in the manner in which they are intended to be used (as described under each item).

4.3          You agree to ensure your user name and password are secure and not to disclose it to any third party or allow any third party to use it to access the Services.

4.4          You agree you will not use the Services to communicate any message or material that is harassing, defames another, is threatening, obscene, indecent, discriminatory, racially offensive or is otherwise unlawful.

4.5          You agree not to upload viruses or malicious code or do anything that could disable or impair the proper working or appearance of the Kinephonics learning platform or the content provided by the Organization.

4.6          You agree not to post or reproduce in any way material that is copyrighted or use trademarks without obtaining prior written consent of the owner of that copyright or trade mark.

4.7          You agree that you will not attempt to disassemble or reverse engineer the Services, or in any way attempt to derive any source code for any part of the Services.

4.8          You agree not to infringe or violate someone else’s rights.

5.            Term of Contract

The Contract will continue from the date of acceptance of your application until terminated in accordance with clause 8 (Right to Terminate clause )

6.            Responsibility for Content

6.1          You will only have access to the content contained on the designated Organization’s group page and only those items that the Organization has authorized you to access.

6.2          You own the intellectual property rights in the content you create (for example, your videos and speaking data). You are responsible for the content you create using the Services.

6.3          You have control over the recording and sharing and use of your videos and speaking data. When you record data, the data are stored in your activity log, so you can review and use the data.

6.4          You can choose who has access to your content, however, you agree that Kinephonics and the Organization have the right  to monitor your posts, videos or speaking data , in accordance with these Terms to ensure you comply with the Terms and any codes of conduct.

6.5          You give Kinephonics a royalty free, worldwide licence to use your activity on the Kinephonics platform for the limited purposes of  operating, hosting, storing, reproducing, modifying,  promoting and improving the Services.

6.6          Content on the  Organization’s group page will be either created by the Organization or sourced by the Organization from a third party under a licence. That content is the sole responsibility of the Organization or third party. Kinephonics is not liable for any loss or damage arising from you accessing or using that content.

6.7          Kinephonics has no obligation to monitor any content uploaded to the Services, but has the right to monitor any content, if it chooses to do so. If we or the Organization becomes aware of a violation of these Terms by you,  or in response to takedown requests that we receive, we may remove your data from the Services or suspend your access to the Services. We will generally alert you when we take such action and give you a reasonable opportunity to fix your breach, but if we determine that your actions endanger the operation of the Service or other users, we may suspend your access immediately without notice.

7.            Intellectual Property/Copyright

7.1          Using the services does not give you ownership of any intellectual property rights in the Services or any third party content to which you are given access.

7.2          Kinephonics owns the intellectual property rights in the Services and tools associated with the Kinephonics platform and any derivative works.

8.            Right to Terminate Contract

8.1          Kinephonics can terminate this contract and deactivate your account :

(a)          If you violate any of the terms, rules or legal requirements regarding use of the Kinephonics Services. We can immediately suspend or terminate your rights to use the Services. We will notify you of the suspension and allow you 14 days to provide an explanation or fix the violation, if it can be fixed;

(b)          if the Organization notifies Kinephonics that their consent to your membership in their group is withdrawn;

(c) if the Organization under which you are a member ceases their subscription to use the Kinephonics learning platform

(d) at any time, by providing you with 30 days written notice.

8.2          You may terminate this contract and deactivate your account at any time, by giving Kinephonics written notice of your request.

8.3          If you are under the age of 16, your parents or legal guardian may terminate this contract at any time, by giving the Organization written notice of their request. The Organization will then notify Kinephonics of the request.

8.4          Except as required under the law, on cancellation or termination of your account, your data will be retained for a period of 90 days. After this period, the data will be deleted.

8.5          On termination or expiration of this Agreement, all provisions which by their nature should survive termination or expiration shall survive termination or expiration, including provisions concerning ownership, aggregate data use, warranties, disclaimers, indemnity and limitations of liability.

9.            Warranties

9.1          Whilst we provide our Services using a reasonable level of skill and care, we make no warranties, except those required by statute or law in the country where the user is a resident, which may not be excluded. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement.

9.2          OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, AND OTHER THAN WHAT IS REQUIRED BY STATUTE OR LAW,  KINEPHONICS DOES NOT MAKE ANY WARRANTIES ABOUT THE CONTENT OF THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

10.          Indemnity

You agree to indemnify and hold Kinephonics, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Kinephonics by any third party due to or arising out of or in connection with your use of the Services.

11.          General Legal Terms

11.1        Severability of Terms: If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.

11.2        No right to assign Interest: You agree not to transfer or assign your right to use the Services, without our written consent.

11.3        Waiver: Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce a particular term or any other terms.

11.4        Notices: Unless otherwise specified in these Terms, any notices must be given in writing, either by email or regular post.

11.5        Changes to Terms: Kinephonics may make changes to the Terms from time to time. Kinephonics will notify of these changes either by email, or by posting on its website. You agree that if you continue to use the Services after the changes take effect, your use will be subject to the revised Terms and you will be deemed to have accepted the changes.

11.6        Governing Law: These Terms will be governed by and construed in accordance with the laws of the state of New South Wales, Australia and you agree to submit to the exclusive jurisdiction of the courts located in New South Wales Australia.

11.7        Exclusion of Convention: This contract will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.