What's that: Early Learning App
Term and Conditions

Effective Date: 18 April 2020

Please read these terms and conditions (hereafter “Terms”) carefully before using our “What’s That?” App (hereafter “App). The Terms are set out below. Please do not purchase a subscription, register for an account and/or use the App if you do not agree with the Terms.

Controller identification:

We hereby inform you that the provided data will be processed by Henry Education Pty Ltd (hereafter “Controller”, “Company”, “we”, “our”, “us”). You can contact us via the following email address: it@earlyedu.com.au

Welcome to “What’s That?”, an early learning App which is developed, owned and operated by Henry Education. By purchasing a subscription to, and/or registering an account for or using our App, you acknowledge that you have read and understand these Terms, and you consent to be bound by them. In these terms, Adult Users of the App and purchasers of accounts will be referred to as “you”. An “Adult User” is a person of legal age who can enter into a contract under the jurisdiction where the User resides. By using our App, your represent and warrant that you are an Adult User and you will be responsible for ensuring any Child User authorised by you to use and access the App does so in accordance with these Terms.

These Terms are intended for adult/parents and users of our App. Please see our Privacy Policy for information about how we use and disclose, if any, information collected from Adult and Child Users.

Description of Service:

"What's That?" is an early language learning App which is designed for children aged from 3 to 6 years old.

Users of the Services (hereafter “Users”) include “Child Users” and “Adult Users” (including parent and guardians of Child Users).

Accounts, Passwords and Payments:

We currently offer individual Child User Accounts, where an Account has one Child User, and an Adult User is required to register and set up an Account for the Child User, including purchasing subscriptions.

Passwords and Account Access

Every Account must have one designated Adult User who is at least 18 years of age to operate the Setting Sections of the App, including subscriptions. The Adult User is responsible for maintaining the confidentiality of the Account password and information (if applicable). The Adult User agrees:
to be solely responsible for all activities occurring under your Account;
to notify us immediately of unauthorised Account use;
that we are not responsible for any loss you incur as a result of unauthorised use of Account and password (if applicable);
that you will not sell, transfer or assign your Account or Account rights. We reserve the right to deactivate the Account if an ineligible user has created an Account.

Subscription Fee

We charge a Subscription Fee for the use of our App. For exisiting Subscribers, we may change the fee at any time, at our sole discretion, at the end of your subscription period. All fees are payable upon the new fee charge.

We may offer a free promotional trial subscription. If you sign up for a trial subscription, your rights to use our App are limited by the terms of the trial and will terminate or renew according to the terms of the trial. Please be aware that we do not provide price protection of refunds for existing subscribers in the event of a price drop or promotion for new subscribers.

Authorisation to Charge for Services

We only accept payment through Apple Pay. You authorise us to charge you via Apple Pay when you subscribe to our App. If we do not receive payment from Apple Pay, you agree to pay all amounts due upon our demand and you are responsible for any dispute with Apple Pay. Should payment be declined initially due to insufficient fund or other reasons on your part, we reserve the right to attempt to recharge the Subscription Fee in full. You will not be charged more than the designated Subscription Fee.

Subscription Renewal

By subscribing to our App, you agree and consent that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends. You also authorise us to charge you for the subscription term, unless you cancel your subscription prior to its renewal date. Please see “Subscription Cancellation” section below for the cancellation procedure. We will charge you each month for the then current subscription price.
Subscription Cancellation
You may cancel your subscription 24 hours prior to its renewal date. After you cancel your subscription, we will not charge you any subscriptions fees after the expiration of your then current subscription. We do not provide refunds for any prepaid sums. However, you can continue to use our App throughout the remainder of your paid subscription period.

Intellectual Property:

The App (including past, present and future versions) are owned and controlled by us and its Content is protected by Australian and international copyright, trademark, trade dress, patent and other intellectual property rights and laws. “Content” includes but is not limited to all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork and computer code displayed on or available through the App and the design, structure, selection, coordination, expression and arrangement of such materials. This may include, without limitation all activities, quizzes, lesson plans, characters, photographs, sound, music, songs, pictures, audio clips, videos, animation as well as trademarks, logos, trade names, service marks, trade identities, and other forms of intellectual property.
Any unauthorised use of any Content or the App for any purpose is strictly prohibited. We reserve the rights to commence legal actions against parties who violate our Terms.

Services and Content Use Restrictions.

You agree that you will not:
engage in any activities, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content, that
attempt to or do harm to us, the Services or any others;
are unlawful, false, inaccurate, misleading, offensive, obscene, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or
violate any right of any third party, including, without limitation, the uploading, posting, emailing, or transmitting of User-Generated Content that violates another person’s intellectual property right, right of publicity, trade secret right, or other proprietary right.
School users and/or its student users shall not disparage Company's performance, or distribute any false or misleading statement or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of Company or Company’s employees.
reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Services, install any software, file or code on the Services that is not authorised by Company, or attempt to do so;
(4)interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services or its Content;
use the Services for commercial or political purposes;
disclose, harvest, or otherwise collect information, including email addresses, or other private information about any third party without that party’s express consent; or
otherwise violate these Terms, or solicit, encourage, or facilitate anyone else to do so.

Governing Law and Jurisdiction:

These Terms will be governed by and construed in accordance with the laws of Australia.

General Provisions:
Termination and Suspension
We reserve the right to suspend or terminate your access to our App at any time, without notice, for any reason. If we have reasonable grounds to suspect that any information you provide is false, inaccurate or violate these Terms, we may suspend and terminate your account. Any suspension and termination will not affect your payment and other obligations to us and you will not be entitled to any refunds.
Communications
We will endeavour to respond to any communications from you as soon as practicable. When you communicate with us electronically, you consent to receive communication from us electronically. You also agree that all communication that we provide to you electronically will satisfy any legal requirement for the communication to be in writing.
Updates to Terms
We reserve the rights to modify these Terms from time to time at our sole discretion. Any updated terms will take effect immediately after being announced on our App. If you continue to use our App after receiving notice of the updated Terms, you agree to be comply and be bound by the updated Terms.
Contact
If you have any queries in relation to these Terms, please feel free to contact us at via email:legal@earlyedu.com.au