InkLink Delivery Partner Terms and Conditions
1. Background
(a) The Kids Research Institute Australia ABN: 86 009 278 755 (“we”, “us”, “our”) provides the InkLink online platform (“InkLink”) to facilitate delivery ofour Inklings Program. InkLink connects you (“you” or “your”) as a Delivery Partner, with us and Caregivers.
(b) These Terms set out the basis by which we permit you to access InkLink, and are a legally binding contract between you and us. By accessing and using InkLink, you agree to be bound by these Terms as amended from time to time.
(c) We may amend these Terms at any time by publishing the amended version on InkLink or by otherwise providing notice to you, such as by emailor notification in InkLink. Any such amended version will apply to your use of InkLink from the date of its publication or our notice to You.
2. Definitions
(a) Administrator means an individual that performs administrative services for or on behalf of a Delivery Partner.
(b) Caregiver means the parent or legal guardian of a Participant, or any other person participating in the Inklings Program with a Participant.
(c) Client Privacy & Consent Form means the consent form that forms part of the agreement between a Caregiver, a Delivery Partner and us in respect of the collection and sharing of a Caregiver and a Participants information.
(d) Content means any information or material of any kind published or made available to us by you in connection with your access to and use of InkLink (including, without limitation, text, graphics, data, images, business, company or trade names, domain names and trade marks, whether registered or unregistered).
(e) Delivery Partner means a person or organisation engaged and/or trained to deliver or administer the Inklings Program under a Delivery Partner Agreement, including Inklings Practitioners, Administrators and Practices
(f) Delivery Partner Agreement means the agreement between the Delivery Partner and us governing the engagement and training of you and your delivery or administration of the Inklings Program.
(g) Inklings Practitioner means a provisional or certified individual delivering the Inklings program.
(h) Inklings Program means the program developed by us to support babies aged 6-18 months who are showing
early differences in their social interaction and communication development.
(i) Participant means a child who meets the eligibility criteria for the Inklings Program and has completed the registration process to commence enrolment in the Inklings Program.
(j) Purpose means delivery and management of the delivery of the Inklings Program.
(k) Practice means a healthcare practice, centre, clinic, or office within which one or more Inklings Practitioners deliver the Inklings Program (which could be a sole practitioner or an entity or other association).
3. Registration
(a) To enable access to InkLink, you must provide us with your:
(i) First Name
(ii) Last Name
(iii) Mobile Number
(iv) Email address
(v) Password (remains confidential as it is encrypted)
(b) You must not register if:
(i) you are less than 18 years of age;
(ii) you will access InkLink outside of Australia; or (iii) if it would be unlawful for you to use InkLink.
4. Privacy
(a) We operate in accordance with the Australian Privacy Principles and comply with the Privacy Act 1988 (Cth).
(b) By accessing and using InkLink and the Service, you agree to our privacy policy, available on our website at www.thekids.org.au (“Privacy Policy”).
(c) You shall be solely responsible for the accuracy of any Content that you submit to us in the course of using InkLink. You grant us the non-exclusive right to use, reproduce and distribute such Content for the purpose of providing you access to InkLink.
(d) By using InkLink, you acknowledge and agree that: (i) we may collect, use, disclose, keep and handle your personal information in accordance with the Privacy Policy, and we may also collect information about your interactions with InkLink to improve InkLink and the Inklings Program; and (ii) any consent given by you through InkLink is valid and binding unless and until revoked by you.
(e) You must maintain as confidential and keep secure all information regarding a Caregiver and Participant and any other data received from us, and not disclose or use any information regarding a Caregiver and Participant or any other data received from us other than for the Purpose;
(f) You warrant that:
(i) where you use InkLink to collect (or initiate the collection of) and/or store personal or health information from a Caregiver or Participant, and/or you provide us with information about a Caregiver or Participant, you do so in accordance with applicable privacy and information laws, and the Client Privacy & Consent Form completed by that Caregiver or Participant; and
(ii) you will not collect and/or store any personal or health information from a Caregiver or Participant that has not completed a Client Privacy & Consent Form.
(g) You may not access or use InkLink on behalf of another person.
(h) No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.
(i) Any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we willtake reasonable steps to preserve the security of such information
(j) Both you and we must:
(i) provide reasonable assistance to the other party in relation to any privacy-related complaints or regulatory enquiries; and
(ii) notifytheother party uponbecoming awareof an Eligible Data Breach (as that term is defined in the Privacy Act 1988 (Cth)) with respect to the personal information which is shared between the parties.
5. Access rights
(a) Subject to these Terms, we hereby grant you a limited, non-exclusive, non-transferable right to access InkLink for the Purpose.
(b) You agree that you will not,will not attempt to, and will not cause, permit or assist any other person to:
(i) impersonate any other person;
(ii) negatively impact or interfere with any other user’s ability to access and use InkLink;
(iii) engage in conduct that is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person, or which is reasonably likely to damage our reputation or the reputation connected with InkLink;
(iv) distribute viruses through InkLink; or
(v) otherwise use InkLink in any manner that exceeds the scope of use granted in these Terms.
(c) You acknowledge that your access to, and use of, InkLink may be dependenton third party infrastructure and Service. It is your responsibility to comply with any applicable terms and conditions of those third party providers.
6. Intellectual property
(a) All intellectual property rights in InkLink, and in all know how, software, materials and methodologies used in providing or incorporated into InkLink, including in any changes, additions or improvements to InkLink, (collectively the “IPR”) are vested in us, and you have no rights in relation to that IPR.
(b) You must use InkLink solely for the Purpose and in accordance with these Terms, and not make any commercial use of InkLink.
(c) You must not to copy, alter, modify, reproduce, reverse-engineer, derive or develop InkLink, any software used by us to provide InkLink, or any IPR or any part of them or attempt to do any of those things.
(d) You must not use any of our logos or trade marks without our prior written consent.
(e) You grant us a licence to use, reproduce, publish, modify, translate, adapt and otherwise exploit the Content for the purpose of providing Delivery Partners and Caregivers access to and use of InkLink and the Inklings Program, and for making any improvements to InkLink and the Inklings Program You agree that we may place any Content on any third party websites or infrastructure or supply to third parties any Content in order to offer InkLink and the Inklings Program through a different website or through a partner organisation.
7. Termination
(a) Your access to InkLink and these Terms are effective until terminated by you, by us, or automatically upon the termination or expiry of the Delivery Partner Agreement or your failure to comply with these Terms.
(b) To the maximum extent permitted by law, we reserve the right to maintain, delete or destroy any and all data relating to your account pursuant to our internal record retention and/or content destruction policies (as updated from time to time) upon the deactivation of your account and you ceasing to be registered.
(c) Termination of these Terms will not end those provisions that are capable of surviving the ending of these Terms.
8. Liability and indemnity
(a) To the extent permitted by law, you acknowledge and agree that:
(i) your use of InkLink is at your own risk; (ii) you are solely responsible for your use of InkLink and for the accuracy and suitability of any
information or data that you upload to, or obtain from, InkLink;
(iii) InkLink is not designed for, and must not be relied upon in relation to, any critical, emergency or acute care medical circumstances;
(iv) InkLink does not provide medical advice, nor does it hold itself out to provide medical advice; and
(v) we provide and operate InkLink to facilitate the Inklings program, and are not responsible or liable for the conduct or activities of other third parties, including any third party service provider, Delivery Partner or Caregiver.
(b) Under no circumstance will we be liable for:
(i) any illness, injury, or death resulting from use of InkLink; or
(ii) any other any direct or indirect, incidental or consequential damages, loss or corruption of data, or any other similar or analogous loss resulting from your access to, use of, or inability to use InkLink or any content, whether based on warranty, contract, tort, negligence, in equity or any other courseof action,and whetheror notwe knew or should have known of the possibility of such loss.
(c) You agree to indemnify us for any loss, damage or claim (including the loss or corruption of data, goodwill, bargain, opportunity or of anticipated savings) that we may suffer or incur as a result of any breach by you of these Terms.
(d) Apart from those that cannot be excluded by law, we exclude all conditions and warranties that may be implied by law, andyouacknowledgethatyou have not relied on any representation, warranty or statement made by us, other than as set out in these Terms or our Privacy Policy.
9. Availability and Maintenance
(a) While we take all reasonable steps to limit any interruptions to your access to InkLink, you acknowledge and agree that:
(i) your access to InkLink may be prevented by issues outside of our control;
(ii) we do not promise continuous or error-free access to InkLink, including as to any third party services facilitated by InkLink; and
(iii) the functionality of InkLink may change or be improved from time to time.
(b) While we will use reasonable endeavours to provide prior notification to you of any scheduled maintenance and minimise the impact of such maintenance, you acknowledge and agree that your access to InkLink may be interrupted or prevented due to scheduled or unscheduled maintenance from time to time.
10. General
(a) Assignment: These Terms are personal to you and cannot be assigned or novated to any third party (either in whole or in part). We reserve the right to assign our rights under these Terms to any third party without notice to you.
(b) Governing Law: The laws of Western Australia shall govern these Terms.
(c) Notices: We will send you all notices electronically via the email address provided to us at the timeof account registration
11. Contact
(a) If you are required to notify us of any matter under these Terms or if you have any queries regarding these Terms, please contact us at: inklings@thekids.org.au 08 6319 1155