Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS (‘TERMS’) CAREFULLY BEFORE USING THE APPLICATION

  1. Who we are and how to contact us
    1.1 My Rainbow Clock is a mobile application and www.myrainbowclock.com.au is a website (‘Application’) operated by My Rainbow Clock Pty Ltd ABN 58627153440 (we, us and our).
    1.2 To contact us, please email info@myrainbowclock.com.au
    1.3 The Application is a scheduling app designed to empower children with independence and organisation as they navigate their daily routines with ease and fun. The key features include; customisable schedules with the option to print, visual icons and timers, interactive task completion, customisable rewards and parental oversight(‘Services’). Reference to the Application, includes the Services.
  1. By using our Application you accept these Terms
    2.1 You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by us in the user interface.
    2.2 By accepting these Terms, you, as a parent or legal guardian, acknowledge and agree that you are entering into these Terms on behalf of your child or any child under your legal guardianship who will be using the Application. You represent and warrant that you have the legal authority to agree to these Terms on behalf of the child and to bind him/her/they to these Terms. You also agree to be fully responsible for the child’s compliance with these Terms, including any payment obligations arising out of the use of the Application. You understand that the Application is designed for use by children with parental oversight and consent and that it is your responsibility to monitor your child’s use of the Application and to ensure their use is in accordance with these Terms.
    2.3 If you do not agree to these Terms, you must not use our Application.
    2.4 We are the owner or the licensee of all intellectual property rights in our Services, Application, and in the material published on it. Nothing in these Terms transfers any rights to you. All such rights are reserved.
  1. We may make changes to these Terms
    3.1 We may amend these Terms from time to time. Every time you wish to use our Application, please check these Terms to ensure you understand the Terms that apply at that time.
    3.2 These Terms were most recently updated on 17 April 2024
  1. We may make changes to our Application
    4.1 We may update and change our Application from time to time to reflect changes to our Services, our users’ needs, changes in law and our business priorities.
  1. We may suspend or withdraw our Application
    5.1 We do not guarantee that the Services, the materials, our Application, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Application or products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
    5.2 This Application is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Application or Services.
    5.3 We reserve the sole and absolute right, at our discretion, to modify, alter, or otherwise update the Application and its Services at any time. Such modifications may include, but are not limited to, changes in the features, functionality, content, and interface of the Application or Services. Your continued use of the Application or Services following any modifications constitutes your acceptance of those changes.
  1. Registration
    6.1 In order to access the Services, you must first download the Application and then register for an account through the Application before you can access the Services (‘Account’).
    6.2 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including, email address, preferred username, address, telephone number, and password.
    6.3 You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date.
    6.4 Once you have completed the registration process, you will be a registered member of the Application (‘Member’) and agree to be bound by the Terms.
  1. Subscription
    7.1 Once you are a Member you may purchase a subscription through the Application (‘Subscription’) and commit to paying the applicable fee for the selected Subscription (‘Subscription Fee’). We also offer a free 14-day trial period. At the end of the trial period, you will be automatically converted to a paid subscription unless you cancel before the trial ends. To cancel the trial, you must activate the cancellation within the Application before the trail ends.
    7.2 Upon payment of the Subscription Fee, you will be granted immediate access to the Services until the subscription period expires or your Subscription is terminated (‘Subscription Period’).
    7.3 The Subscription Services are provided by way of various subscription packages, which will vary from time to time (this includes, but is not limited to, costs, inclusions and frequency of services or content.
    7.4 In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
    7.5 Subscriptions will automatically renew at the end of each Subscription Period unless you cancel at least 24 hours prior to the end of the current period. You can cancel automatic renewal by cancelling your subscription within the Application. Otherwise the Subscription will automatically renew for the same duration as the initial Subscription Period unless cancelled at least 7 days before the end of the current period. You may cancel your Subscription at any time through the Application settings.
  1. Your obligations as a Member
    8.1 As a Member, you agree to comply with the following:
    8.1.1. you will use the Services only for purposes that are permitted by:
    8.1.1.1. the Terms; and
    8.1.1.2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    8.1.2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person other than your child, may result in the immediate cancellation of the Services. You must immediately notify us of any breach of your details;
    8.1.3. any information and content within the Application is confidential and proprietary in nature and, to this end, must not, under any circumstances, be copied or disclosed to any person without our prior written consent or required by law;
    8.1.4. you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of My Rainbow Clock Pty Ltd;
    8.1.5. you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members data and sending unsolicited emails;
    8.1.6. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by us for any illegal or unauthorised use of the Application; and
    8.1.7. you acknowledge and agree that any automated use of the Application or its Services is prohibited.
  1. Payment
    9.1 Where the option is given to you, you may make payment of the Subscription Fee by way of Apple IAP, the Google Play Store, or credit card payment (‘Payment Method’).
    9.2 All payments made in the course of your use of the Services are made using the relevant App Store’s billing system. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Apple IAP, Google Play Store or other Payment Method terms and conditions which are available on their websites.
    9.3 You expressly authorise us to automatically charge your Payment Method for each Subscription Fee, without further authorisation from you.
    9.4 You agree and acknowledge that we can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
    9.5 You agree and acknowledge that we can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
  1. User Content and Content Standards
    10.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
    10.2 You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
    10.3 you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
    10.4 neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    10.5 We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
    10.6 In particular, you warrant that your User Content will not:
    a) Contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
    b) Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    c) Be likely to deceive any person;
    d) Promote any illegal activity, or advocate, promote or assist any unlawful act;
    e) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
    f) Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;
    g) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
    h) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
    10.7 Whenever you make use of a feature that allows you to upload User Content, or to make contact with other users of our Site, you must comply with the content standards in this clause.
    10.8 You warrant that any such contribution complies with these standards, and you will be liable to us for any breach of that warranty. In the event of such a breach, your right to use our Site will cease immediately.
  1. Refund Policy
    11.1 Following the expiration of the 14-day free trial period, Members understand and accept that no refunds will be issued for any Subscriptions purchased on the basis of a change of mind. Members are encouraged to fully utilise the free trial period to determine the suitability of the Application and its Services for their needs prior to making any Subscription purchase.
    11.2 Notwithstanding our general refund policy, in circumstances where the Application and/or Services fail to meet the consumer guarantees as prescribed under the Australian Consumer Law, we will provide a refund to Members. In such cases, the refund will be calculated on a pro-rata basis for the remaining portion of the Subscription Period at the time the failure is confirmed.
  1. Copyright and Intellectual Property
    12.1 The Application, the Services and all of the related products of My Rainbow Clock Pty Ltd are subject to copyright.
    12.2 We own the intellectual property rights in the Application, Services and any materials, and you will have a non-exclusive, non-transferable licence to use the Application and any materials we provide to you for your own personal purposes.
    12.3 You may not, without the prior written permission of My Rainbow Clock Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.
    12.4 By posting content through the Services, you grant My Rainbow Clock Pty Ltd a non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content solely for the purposes of operating and providing the Services.
  1. Privacy
    We take your privacy seriously and any information provided through your use of the Application and/or Services are subject to our Privacy Policy, which is available on the Application and at [insert].
  1. General Disclaimer
    14.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    14.2 Subject to clause 13.1, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
    14.3 The use of the Application is intended to be parent-controlled and child-led. We emphasise that the Application is designed to be utilised under the supervision and guidance of parents or legal guardians, allowing children to navigate and engage with the App’s features in a manner that promotes independence and organisation. It is the responsibility of the parent or legal guardian to oversee the child’s use of the Application and to ensure it is used appropriately and safely.
    14.4 We take no responsibility for the actual use of the Application by the child. The manner in which the Application is used by the child, including the choices made and the actions taken within the App, are beyond our control and direction. As such, we cannot be held liable for any outcomes, positive or negative, that result from the child’s use of the Application. Parents and legal guardians are encouraged to actively participate in their child’s use of the Application to maximise its benefits and to mitigate any risks.
    14.5 By accepting these Terms and using the Application, you acknowledge and agree that the responsibility for the child’s use of the Application rests solely with you, the parent or legal guardian.
    14.6 By using our Services, you agree that My Rainbow Clock Pty Ltd is not to be held liable for any decisions you or your child make based on any of the Services, materials or guidance and any consequences, as a result, are your own. Under no circumstances can you hold us liable for loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by us.
    14.7 All our information on both the Application and in Services is informational only, not tailored to your specific circumstances and intended to assist you and does not in any way, nor is it intended to substitute professional or medical advice. Results are not guaranteed and individual results may vary based on a variety of factors including, but not limited to, the child’s engagement with the Application, the parental or guardian supervision provided, and the specific circumstances and needs of the child.
  1. Limitation of liability
    15.1 The total liability of each party arising out of or in connection with the Services or these Terms save for your obligations at clause 8, which are uncapped, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you, or the Subscription Fees.
    15.2 You agree that we will not be liable for (i) loss or corruption of data, (ii) loss of profit, goodwill, business opportunity, anticipated savings or benefits or (iii) indirect or consequential loss.
    15.3 Nothing in the Agreement will limit a person’s liability for anything else that cannot be limited by law.
  1. Competitors
    16.1 If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of My Rainbow Clock Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, we will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
  1. Termination of Contract
    17.1 The Terms will continue to apply until terminated by either you or by us as set out below.
    17.2 We reserve the right, in our sole discretion, to suspend your access to all or any part of the Application or Services, for any valid reason, including but not limited to, breach of these Terms, conducting any unauthorised or illegal activities, or for maintenance, error correction, or other updates. We will endeavour to limit the frequency and duration of any such suspension or restriction and inform you of the reason for such suspension whenever feasible. We do not guarantee uninterrupted or error-free service availability.
    17.3 We may at any time, terminate the Terms with you if:
    (a) you have breached any provision of the Terms or intend to breach any provision;
    (b) we required to do so by law;
    (c) if your conduct impacts our name or reputation or violates the rights of those of another party; or
    (d) the provision of the Application, in our opinion is no longer commercially viable.
    17.4 Where we have terminated these Terms under clauses16.4 (b) or (d), we will give you a pro-rata refund of any Subscription Fees for the used portion of the Subcrption Period. We have no liability to you if the Services are discontinued or your ability to access them is terminated
  1. We are not responsible for viruses
    18.1 We do not guarantee that our Application will be secure or free from bugs or viruses or any other type of malicious code or software.
    18.2 You are responsible for configuring your technology to access our Application. You should use your own antivirus software.
  1. We are not responsible for websites we link to
    19.1 Where our Application contains links to other Applications (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party websites subject to the terms and conditions for those website.
    19.2 You agree to read and be bound by the terms and conditions of the relevant App Store in which you downloaded this Application.
  1. App Store Terms
    20.1 If you access or download our Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set out in the App Store Terms of Service.
    20.2 Otherwise, if you access or download our Application from the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
  1. Dispute Resolution
    21.1 If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless both parties have attempted to resolve the dispute through mediation.
  1. Governing Law and Jurisdiction
    22.1 The Services offered by us is intended to be viewed by residents of Australia. The Terms are governed by the laws of Queensland, Australia. In the event of any dispute arising out of or in relation to the Application or Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.