Terms and Conditions

1. DEFINITIONS

Account means the account we set up or you sign up for to access and use the Services

Child Care Centre means Relevant Child Care Service.

Confidential Information includes confidential information about

Fee means the fees for provision of the Services as set out on the Site;

Force Majeure Event means an event which is beyond a Party’s reasonable control including a fire, storm, flood, earthquake, explosion, accident, act of the public enemy, terrorist act, war, rebellion, insurrection, sabotage, epidemic, pandemic quarantine restriction, transportation embargo, and strike by employees of a third person other than a subcontractor of a Party, but in each case, only if and to the extent that the non-performing Party is without fault in causing the event, and the event, or its effect could not have been prevented by reasonable precautions;

Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, customer names or internet domain names. Our Intellectual Property includes the Software;

Laws means acts, ordinances, regulations, rules, code and by-laws of the Commonwealth or any state or territory;

Liability means any loss, liability, cost, payment, damages, debt or expense (including reasonable legal fees);

Parties means us and you as the parties to these Terms;

Personal information has the meaning given in the Privacy Act 1988 (Cth);

Sensitive Information has the meaning given in the Privacy Act has the meaning given in the Privacy Act;

Services means transport management and bookings for transport to and from the relevant Child Care Centre;

Site means our website, available at

Software means the software used to provide any of the Services;

Term has the meaning given in clause 3(a);

Terms means these Terms and Conditions, being the terms forming the agreement on which we supply the Services to you;

We means KaGo Technologies;

You means you as the person to which we supply the Services pursuant to these Terms.

2. ACCEPTANCE

• (a) These Terms are between us and you, and each party is a Party to these Terms.
• (b) You have requested our Services by applying for and/or signing up for an Account. You agree and accept that these terms and conditions (Terms) for the agreement under which we will supply the services to you.
• (c) You accept these Terms by:
• clicking the “I accept” button or similar on the Site; or
• confirming by email that you accept these Terms; or
• (d) By creating an Account and/or accessing and/or using the Services, you:
• warrant to us that you have reviewed these Terms, including our Privacy Policy, available on the Site and you accept them;
• warrant to us that you have the legal capacity to enter into a legally binding agreement;
• warrant to us that you have the authority to act on behalf of any person or entity for whom you are using the Services, and you are deemed to have agreed to these Terms on behalf of any entity for whom you use the Services;
• warrant to us that all information and representations you have supplied to us are complete correct in all particulars;
• warrant to us that you have all hardware, software and services which are necessary to access and use the Services; and
• agree to use the Services in accordance with these Terms.
• agree to provide all necessary information to the Child Care Centre to ensure all relevant information is held by the Child Care Centre about your child/children.
• agree that the Child Care Centre may provide information to Us to verify that the bookings made are legitimate.

3. TERM

• (a) These Terms commence on the date you accept the Terms in accordance with clause 2(c) and continue until the date we or you terminate your Account.

4. ACCOUNTS

• (a) You may sign up using your email address as username and create your password to access your Account;
• (b) You must use your best endeavours to keep your account details confidential and secure and ensure that your account details do not come into the possession or access of any person.
• (c) You are responsible for all activity on your Account,
• (d) You agree that we are a software service provider and we are not responsible for the management or administration of your Account.

5. THE SERVICES

• (a) The Services are set out on the Site, and may include but are not limited to:
  • Bookings for Child Care Transportation to and from the Child Care Centre.

6. PRIVACY

• (a) You acknowledge and agree that you are responsible for the collection, use, storage and otherwise dealing with Personal Information and all matters relating to the Data.
• (b) You will comply and ensure that you comply with the requirements of the Privacy Act and any other applicable privacy laws in respect of all Personal Information collected, used, stored or otherwise dealt with under or in connection with these Terms.
• (c) Without limiting clause 6(a), you must:
  • ensure that any Personal Information transferred to us is complete, accurate and up to date; and
  • notify us immediately upon becoming aware of any breach of the Privacy Act that may be related to the use of the Personal Information under these Terms.
• (d) Without limiting clause 8(a), you may only disclose Personal Information in your control to us if:
  • you are authorised by the Privacy Act to collect the Personal Information and to use or disclose it in the manner required by these Terms; and
  • where any Personal Information is Sensitive Information, you have obtained the specific consent to that disclosure from the individual to whom the Sensitive Information relates.

7. DATA STORAGE

• Secure cloud storage is used at an Australian data centre.
• Data may be accessed by authorised employees, service providers and contractors in Australia or offshore as and when needed to be able to provide services for KaGo and its users.
• All data is fully encrypted locally, during transmission, and while stored on cloud.  All data stored on Amazon Web Services cloud in a highly secure data centre located in Australia.

8. WARRANTIES

• (a) You warrant and agree that:
  • there are no legal restrictions preventing you from agreeing to these Terms;
  • you will cooperate with us and provide us with all assistance, resources, data, people, information, facilities, access and documentation that is reasonably necessary to enable us to perform the Services, and as otherwise requested by us, from time to time, and in a timely manner;
  • all information, representations and documentation that you provide to us in connection with these Terms is true, correct and complete in all particulars and you acknowledge and agree that we will rely on such information and documentation in order to provide the Services;
  • you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that the Parties will use all reasonable efforts to resolve your concerns;
  • you will maintain the confidentiality and security of any of your Account details or passwords;

8. PAYMENT

• (a) You must pay us the Fee and any other amount payable to us under these Terms, without set off or delay, via credit card or any other payment method set out on the Site.

9. INTELLECTUAL PROPERTY

• (a) All Intellectual Property developed, adapted, modified or created by us or our Personnel (including in connection with these Terms, the Software and the Services) is and will remain owned exclusively by us or our third-party service providers.
• (b) You must not, without our prior written consent:
  • copy or use, in whole or in part, any of our Intellectual Property;
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our Intellectual Property to any third party;
  • reverse assemble, reverse engineer, reverse compile or enhance the SaaS Services;
  • breach any Intellectual Property rights connected with the Software or the Services, including altering or modifying any of our Intellectual Property;
  • cause any of our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of our Intellectual Property;
  • resell, assign, transfer, distribute or make available the SaaS Services to third parties;
  • “frame”, “mirror” or serve any of the SaaS Services on any web server or other computer server over the Internet or any other network;
  • alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the Services or Software;

10. LIABILITIES

• (a) Despite anything to the contrary, to the maximum extent permitted by law we will not be liable to you for any Consequential Loss, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
• (b) We will not be responsible or liable in any way as a consequence of any breach of the Terms or Privacy Policy by any User.
• (c) You understand and agree that you, the party to these Terms and owner of your Account, will be liable for any breach of these Terms or the Privacy Policy or for anything done using your Account by any Authorised User or other person using your Account notwithstanding that you personally were not in control of the Account at the time, and you are solely responsible for ensuring that neither you nor any Authorised Person or other person will do anything to breach these Terms or the Privacy Policy.
• (d) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you waive and release us from and against, all Liability (whether under statute, contract, negligence or other tort, indemnity, or otherwise) arising from or in connection with any:
  • loss of, or damage to, any property or any injury to or loss to any person;
  • failure or delay in providing the Services; or
  • breach of these Terms or any Laws, where caused or contributed to by any:
  • Force Majeure Event;
  • a fault, defect, error or omission in your Computing Environment or Data; or
  • act or omission of you, your related parties, Authorised Users, Personnel or any third party (including customers, end users, suppliers, providers or subcontractors), and, in any event, any error, omission or lack of suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services.
• (e) To the maximum extent permitted by law, you indemnify and continue to indemnify us against all Liability we suffer or incur arising from or as a consequence of a breach of clause 6 (Privacy), clause 9 (Intellectual Property) and your Authorised Users’ use of the Services contrary to these Terms, including from any claim relating to the Data.
• (f) Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms attempts to exclude, restrict or modify your Statutory Rights as a consumer under the ACL.  Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

11. TERMINATION, REFUNDS AND CANCELLATION

• (a) You may only terminate your Account by creating the appropriate support ticket within the help desk section of the Site, or by emailing our support staff. If you terminate your account, your access to the Service will remain active until the end of your current billing period.
• (b) We may, at any time and at our sole discretion, suspend or terminate your Account for any reason. You must ensure that all your Data on the Services is backed up so that you do not lose your Data if we suspend or terminate your Account. We will generally alert you when we take such action and give you a reasonable opportunity to remedy any breach of these Terms, but if we determine that your actions endanger the operation of the Services or other users, we may suspend or terminate your Account immediately without notice. You will continue to be charged for the Services during any suspension period in which you are in breach of these Terms. If we suspend your Account and you are not in breach of these Terms, we will apply a credit to your Account for the Fees you have paid for any unused portion of your Plan to which the period of suspension relates. If we terminate your Account and you are not in breach of these Terms, we will refund you the Fees you have paid for any unused portion of your Plan. If we terminate your Account and you are in breach of these Terms, no refunds will be given.
• (c) If we suspend or terminate your Account, or terminate these Terms, we will not be responsible or liable in any way for any loss, damage or liability incurred by you as a direct or indirect consequence of such suspension or termination.
• (d) If we suspend or terminate the Account of any other User, we will not be responsible or liable in any way for any loss, damage or liability incurred by you as a direct or indirect consequence of such suspension or termination.
• (e) We may suspend overdue Accounts without notice to you.
• (f) On termination of these Terms:
  • you must cease using the Services and we will cease to provide the Services;
  • you agree that any payments made are not refundable to you;
  • you must pay for all Services provided under the Terms including Services which have been performed and have not yet been invoiced to you, and all other amounts due and payable under these Terms within 5 Business Days of termination;
  • you agree to promptly return (where possible) or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property;
  • we agree to promptly return (where possible) or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and Intellectual Property unless we are required by Law or regulatory requirements to retain such information.
• The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.

12. GENERAL

• (a) We reserve the right at any time and from time to time to change or remove features of the Services provided that, where there is any material alteration to the Services in accordance with this clause, we will provide you with 7 Business Days’ notice.
• (b) Confidentiality: You will (and ensure your Authorised Users) keep confidential, and not use or permit any unauthorised use of, any Confidential Information, without our prior written consent, except where the disclosure is required by law.
• (c) Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any Force Majeure Event. We will provide you with prompt notice of the occurrence of any Force Majeure Event. If we are delayed from performing our obligations due to such a circumstance for a period of at least two months, we may terminate our agreement with you by giving you five Business Days’ notice in writing.
• (d) Disputes: Neither Party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other Party to seek (in good faith) to resolve that dispute (unless that Party is seeking urgent interlocutory relief or the dispute relates to compliance with this provision).
• (e) Notices: Any notice required or permitted to be given to us must be in writing and addressed to us at the details set out below or to you at the details you provided for your Account. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.
• (f) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Such variation will take effect at the commencement of your next Plan billing cycle (if relevant and if not relevant, the date we post the Terms on our Site). Prior to the commencement of each Plan billing cycle, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them.
• (g) Governing law: The Terms are governed by the laws of Western Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waive any rights to object to any proceedings being brought in those courts.
• (h) This clause will survive termination or expiry of these Terms.