This End User License Agreement (EULA) is a legal agreement between you and MYXPLOR PTY LTD (XPLOR), and governs the XPLOR Software Products made available to you on this site (Website), which may include courseware, libraries, clinics, software, code, scripts, schemas, templates, slides, instructions, associated media, Internet-based services, support services, and related printed or electronic documentation (Products). By installing and/or using the Products, you agree to the terms of this EULA (Terms). Please read the Terms carefully and in full prior to completing the installation process and using the Product. If you do not agree with the Terms please do not install or use the Product.
payment of the license fee for the Product specified by XPLOR at the point of purchasing the licence for the Product (Licence Fee); or
in the event that the Product is not provided for a Licence Fee, then upon downloading, installing or using a Product (whichever comes first),
you are granted a revokable, non-transferable, non-exclusive and limited licence (Licence) to use the Product for your personal use only and strictly in accordance with these Terms, for the term of the Licence (Licence Term) commencing on the date that you purchase the Licence.
You may install and use the Product on your personal computer and electronic devices
You must NOT without written consent of XPLOR share the Licence, or the contents of the Products, with others.
You agree that XPLOR may, upon reasonable notice to you, audit your use of the Product for compliance with these Terms. In the event that such audit reveals any use of the Product by you other than in full compliance with these Terms, you shall reimburse XPLOR for all reasonable expenses related to such audit in addition to any other liabilities XPLOR incurs as a result of such non-compliance.
make or distribute copies of the Product, or electronically transfer the Product from one computer to another or over a network;
alter, digitize, merge, modify, adapt or translate the Product, or decompile, reverse engineer, disassemble, or otherwise reduce the Product to a human-perceivable form;
sell, transfer, rent, lease, licence or sub-licence the Product;
attempt to undermine the security or integrity of Xplor’s computing systems or networks or, where the Products are hosted by a third party, that third party's computing systems and networks;
not use, or misuse, the Products in any way which may impair the functionality of the Products or Website, or other systems used to deliver the Products or impair the ability of any other user to use the Products or Website;
not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
transmit, or input into the Website or Products, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use);
broadcast, transmit or otherwise display in a public forum the Product or any part of the Product;
post the Product or part of the Product on any website;
assign and/or novate any rights and obligations under these Terms;
modify the Product or create derivative works based upon the Product;
use the Product for commercial purposes other than the purpose for which it is supplied to You; or
use the Product to develop any product having the same primary function as the Product.
the Product may include technical inaccuracies or errors;
the party permitted to make changes to the Product (whether XPLOR or the supplier of the Product (Supplier)) may make improvements or other changes in the Product at any time;
You are authorised to use the Products and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Products. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Products (whether that information and Data is Your own or that of anyone else);
Xplor has no responsibility to any person other than You and nothing in this agreement confers, or purports to confer, a benefit on any person other than You. If You use the Products or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
You are responsible for ensuring that You have the right to do so;
You are responsible for authorising any person who is given access to information or Data, and you agree that Xplor has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
You will indemnify Xplor against any claims or loss relating to:
Xplor’s refusal to provide any person access to Your information or Data in accordance with these Terms; and
Xplor’s making available information or Data to any person with Your authorization.
The provision of, access to, and use of, the Products is on an "as is" basis and at Your own risk;
Xplor does not warrant that the use of the Products will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Products, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Products. Xplor is not in any way responsible for any such interference or prevention of Your access or use of the Products;
Xplor is not Your accountant and use of the Products does not constitute the receipt of accounting advice. If You have any accounting questions, please contact an accountant;
It is Your sole responsibility to determine that the Products meet the needs of Your business and are suitable for the purposes for which they are used; and
You remain solely responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).
If the copy of the Product is an upgrade from an earlier version of the Product, you must possess a valid full License to a copy of an earlier version of the Product used to upgrade to this upgrade copy in order to install and/or use this upgrade copy, and the upgrade copy is provided to you on a License exchange basis. You agree by your installation and use of such copy of the Product to voluntarily terminate your earlier agreement and uninstall, destroy and cease using the earlier version of the Product or transfer it to another person or entity.
XPLOR and its Supplier(s) retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Product (as an independent work and as an underlying work serving as a basis for any application the Customer may evelop), and all copies thereof. All rights not specifically granted in these Terms are reserved by XPLOR and its Supplier(s).
You may link to third party sites through the use of the Products. The third party sites are not under the control of XPLOR, and XPLOR is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. XPLOR is not responsible for any form of transmission received from any third party sites. XPLOR is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by XPLOR of the third party site.
These Terms apply to any updates, supplements, add-on components, or Internet-based services components, of the Product that XPLOR may provide to you or make available to you after the date you obtain your initial copy of the Product, unless XPLOR provides other terms along with the update, supplement, add-on component, or Internet-based services component. XPLOR reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Product.
"Intellectual Property Right" means any patent, trade mark, service mark, copyright, moral right, right in a design, know how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
Title to, and all Intellectual Property Rights in the Products, the website and any documentation relating to the Products remain the property of Xplor (or its licensors).
You must not remove or modify any copyright notice on the Product nor register any copyright based on the Product.
You must not use any of XPLOR’s or its Supplier(s)’ trademark(s) (Trademark), nor register in any country any Trademark, or any mark confusingly similar to the Trademark, whether along or in combination with the Trademark.
You must use your best endeavours to ensure that the Product is protected at all time from access, use or misuse, damage or destruction by any person not authorised to use the Product pursuant to these Terms.
You must ensure that all usernames and passwords required to access the Products are kept secure and confidential. You must immediately notify Xplor of any unauthorised use of Your passwords or any other breach of security and Xplor will reset Your password and You must take all other actions that Xplor reasonably deems necessary to maintain or enhance the security of Xplor’s computing systems and networks and Your access to the Products.
breach any of these Terms (including, without limitation, by non-payment of any License Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
breach any of these Terms and the breach is not capable of being remedied; or
You become insolvent or bankrupt, or become subject to any similar insolvency event in any jurisdiction,
Terminate this Agreement and Your use of the Services and the Website;
Suspend for any definite or indefinite period of time, Your use of the Services and the Website; or
Suspend or terminate access to all or any Data.
For the avoidance of doubt, if payment of any License Fees is not made in full by the relevant due date, Xplor may suspend or terminate:
Your use of the Service,
Your rights of access to all or any Data.
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will remain liable for any accrued charges and amounts which become due for payment before or after termination; and immediately cease to use the Services and the Website.
Without prejudice to any other rights, XPLOR may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Product(s) and all of its component parts and you will not be entitled to a refund of the License Fee already paid by you.
The following provisions of this EULA will survive any termination: All definitions and clauses 7, 10, 11, 12, 13, 17 and this clause 9.
Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may imply warranties or conditions or impose obligations and guarantees on XPLOR and its Supplier(s) (“Implied Terms”). If any such provisions apply, to the extent permitted by law XPLOR’s liability will be limited at its option to the resupply, repair or replacement of the Product or the cost of such resupply, repair or replacement. Subject to such provisions, all representations, conditions and warranties of any nature are expressly excluded. Nothing in this clause excludes, restricts or modifies your rights under a mandatory term.
You warrant that where You have registered to use the Products on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Products You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
Xplor gives no warranty about the Services. Without limiting the foregoing, Xplor does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non- infringement
Subject to any Implied Terms and to the maximum extent permitted by applicable law, in no event shall XPLOR or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever, arising out of or in any way:
Srelated to the use of or inability to use:
the provision of or failure to provide any support or other services,
information, software, and related content through the Product;
under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of XPLOR or any supplier to XPLOR, and even if XPLOR or any Supplier(s) has been advised of the possibility of such damages.
Subject to any Implied Terms, the entire liability of XPLOR and any of its Suppliers under any provision of this EULA (including with respect to the Product) and your exclusive remedy hereunder will be limited to the actual damages you incur in reasonable reliance on the Products up to two (2) times the License Fee for the Product or AU$100, whichever is greater.
You will indemnify XPLOR, its directors, employees, contractors and agents from and against all damages, losses, claims and expenses:
in the event that your act or omission causes or contributes to XPLOR breaching its obligations with the Supplier of the Product;
as a result of your use of the Product, including but not limited to, any modification by you of the Product (whether done with XPLOR’s consent or otherwise) which causes the Product to infringe the intellectual property rights of a third party (including the Supplier(s)).
XPLOR may vary these Terms at any time and without notice to you.
"Data" means any data inputted by You or with Your authority into the Website.
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the Xplor Access Fee when due. You grant Xplor a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
You must maintain copies of all Data inputted into the Products. Xplor adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Xplor expressly excludes liability for any loss of Data no matter how caused.
If You enable third-party applications for use in conjunction with the Products, You acknowledge that Xplor may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Products. Xplor shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
If You use any communication tools available through the Website (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Products, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Products or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
When You make any communication on the Website, You represent that You are permitted to make such communication. Xplor is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Products. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Xplor does reserve the right to remove any communication at any time in its sole discretion
For the purposes of this clause, "Confidential Information" includes all information exchanged between the parties to this EULA, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party
Unless the relevant party has the prior written consent of the other or unless required to do so by law, Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
The failure, delay, relaxation or indulgence on the part of a party in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right or remedy.
If any provision of these Terms is invalid or not enforceable by a court of competent jurisdiction, it is to be read down and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms.
These Terms are governed by and are to be construed in accordance with the laws in force in Victoria. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and waives any right to object to proceedings being brought in those courts.
Last Updated: October 2015
MYXPLOR is an online ecosystem that lets you login, anytime, anywhere on your Mac, PC, tablet or phone to get a real-time view of your childcare service. It’s a complete childcare platform that’s simple, smart and occasionally magical.
The Service involves the storage of Data about a company or individual. That Data can include personal information. “Personal information” (being information about a person from which their identity is apparent or can reasonably be determined). This information can include names, dates of birth, email addresses, home and work addresses, telephone numbers, bank account details, videos, and photographs. It can also include such information (where applicable) about a child. We will collect such information by lawful and fair means and not in an unreasonably intrusive way. MYXPLOR may collect personal information directly from you when you:
You can always choose not to provide your personal information to MYXPLOR, but it may mean that we are unable to provide you with the Service.
Through Your use of the Service, MYXPLOR may also collect information from you about someone else. If You provide MYXPLOR with personal information about someone else, You must ensure that You are authorised to disclose that information to MYXPLOR and that, without MYXPLOR taking any further steps required by applicable data protection or privacy laws, MYXPLOR may collect, use and disclose such information for the purposes described in this Policy.
This means that You must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual's right to obtain access to that information, MYXPLOR’s identity, and how to contact MYXPLOR.
Where requested to do so by MYXPLOR, You must also assist MYXPLOR with any requests by the individual to access or update the personal information you have collected from them and entered into the Service.
MYXPLOR collects your personal information so that we can provide you with the Service and any related services you may request. In doing so, MYXPLOR may use the personal information we have collected from you for purposes related to the Services including to:
By using the Service, You consent to your personal information being collected, held and used in this way and for any other use you authorise. MYXPLOR will only use your personal information for the purposes described in this Policy or with your express permission.
It is your responsibility to keep your password to the Service safe. You should notify us as soon as possible if you become aware of any misuse of your password, and immediately change your password within the Service or via the “Forgotten Password” process.
By using the Service, You agree that MYXPLOR can access, aggregate and use non-personally identifiable data MYXPLOR has collected from you. This data will in no way identify you or any other individual.
MYXPLOR may use this aggregated non-personally identifiable data to:
All Data, including personal and non-personal information, that is entered into the Service by you, or automatically imported on your instruction, is transferred to MYXPLOR’s servers as a function of transmission across the Internet. By using the Service, You consent to your personal information being transferred to our servers as set out in this Policy.
Currently our servers are located in Australia primarily by AWS (AMAZON WEB SERVICES), and Your personal information will be routed through, and stored on, those servers as part of the Service. If the location of our servers change in the future, we will update this Policy. You should review our Policy regularly to keep informed of any updates.
By providing your personal information to MYXPLOR, You consent to MYXPLOR storing your personal information on servers hosted in Australia. While your personal information will be stored on servers located in the Australia it will remain within MYXPLOR’s effective control at all times. The server host’s role is limited to providing a hosting and storage service to MYXPLOR, and we’ve taken steps to ensure that our server hosts do not have access to, and use the necessary level of protection for, your personal information.
If you do not want your personal information to be transferred to a server located in the Australia, You should not provide MYXPLOR with Your personal information or use the Service.
MYXPLOR is committed to protecting the security of your personal information and we take all reasonable precautions to protect it from unauthorised access, modification or disclosure. Your personal information is stored on secure servers that have SSL Certificates issued by leading certificate authorities DigiCert, and all Data transferred between You and the Service is encrypted.
However, the Internet is not in itself a secure environment and we cannot give an absolute assurance that your information will be secure at all times. Transmission of personal information over the Internet is at your own risk and you should only enter, or instruct the entering of, personal information to the Service within a secure environment.
We will advise you at the first reasonable opportunity upon discovering or being advised of a security breach where your personal information is lost, stolen, accessed, used, disclosed, copied, modified, or disposed of by any unauthorised persons or in any unauthorised manner.
MYXPLOR will only disclose the personal information you have provided to us to entities outside the MYXPLOR group of companies if it is necessary and appropriate to facilitate the purpose for which your personal information was collected pursuant to this Policy, including the provision of the Service.
MYXPLOR will not otherwise disclose your personal information to a third party unless you have provided your express consent. However, you should be aware that MYXPLOR may be required to disclose your personal information without your consent in order to comply with any court orders, subpoenas, or other legal process or investigation including by tax authorities, if such disclosure is required by law. Where possible and appropriate, we will notify you if we are required by law to disclose Your personal information.
The third parties who host our servers do not control, and are not permitted to access or use your personal information except for the limited purpose of storing the information. This means that, for the purposes of Australian privacy legislation and Australian users of the Service, MYXPLOR does not currently “disclose” personal information to third parties located overseas.
It is your responsibility to ensure that the personal information you provide to us is accurate, complete and up-to-date. You may request access to the information we hold about you, or request that we update or correct any personal information we hold about you, by setting out your request in writing and sending it to us at privacy@MYXPLOR.com.
MYXPLOR will process your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet your request, we will let you know why. For example, it may be necessary for us to deny your request if it would have an unreasonable impact on the privacy or affairs of other individuals, or if it is not reasonable and practicable for us to process your request in the manner you have requested. In some circumstances, it may be necessary for us to seek to arrange access to your personal information through a mutually agreed intermediary (for example, the Subscriber).
We’ll only keep your personal information for as long as we require it for the purposes of providing you with the Service. However, we may also be required to keep some of your personal information for specified periods of time, for example under certain laws relating to corporations, money laundering, and financial reporting legislation.
In providing the Service, MYXPLOR utilises "cookies". A cookie is a small text file that is stored on your computer for record-keeping purposes. A cookie does not identify you personally or contain any other information about you but it does identify Your computer.
We and some of our affiliates and third-party service providers may use a combination of “persistent cookies” (cookies that remain on Your hard drive for an extended period of time) and “session ID cookies” (cookies that expire when You close Your browser) on the Website to, for example, track overall site usage, and track and report on Your use and interaction with ad impressions and ad services.
You can set your browser to notify you when you receive a cookie so that you will have an opportunity to either accept or reject it in each instance. However, you should note that refusing cookies may have a negative impact on the functionality and usability of the Website.
We do not respond to or honour “Do Not Track” requests at this time.
MYXPLOR sends billing information, product information, Service updates and Service notifications to you via email. Our emails will contain clear and obvious instructions describing how you can choose to be removed from any mailing list not essential to the Service. MYXPLOR will remove you at your request.
If you wish to complain about how we have handled your personal information, please provide our Privacy Officer with full details of your complaint and any supporting documentation:
Our Privacy Officer will endeavour to:
MYXPLOR reserves the right to change this Policy at any time, and any amended Policy is effective upon posting to this Website. MYXPLOR will make every effort to communicate any significant changes to you via email or notification via the Service. Your continued use of the Service will be deemed acceptance of any amended Policy.