At OWNA Corp Pty Ltd (OWNA) we believe in making technology affordable for all Centres/Services so we have come up with a Free Tier platform, Freemium Plan, that allows all centres to make use of our wonderful App that we have built for Centres across Australia and internationally to streamline how they do things. When you sign up to the Freemium Plan you accept the following Terms and Conditions (Terms).

Registered Service Provider, Registered Users, Customer

In order to access the services provided by OWNA, you must become a registered service provider, registered user or customer collectively referred to as “Customer”. You will need to provide us certain information as set out in a separate communication sent to you via email. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change. On registration, we provide you with a username and password. We reserve the right to terminate your registration at any time if you breach these terms and conditions.

Our Website Services

OWNA services are provided to adults over the age of eighteen (18) years. By proceeding to registering through our website, you acknowledge that you are over 18 years of age. Please note that the Freemium Plan will always be Free and available but limitations and feature sets can change at any time without prior notice.

Features of the Freemium App

• A generic "OWNA Childcare App" that Parents, Staff and Directors/Owners will download and use.
• Ability to track/record Food Intake, Sleep/Rest, Bottles, Sunscreen Application and more.
• Ability to track/record Nappy Changes and Cot Sleep Check.
• Centre generated Checklists.
• Staff Checkin/Checkout, Timesheets and Responsible Person.
• Curriculum Programming.
• Children Attendances and Visitor Sign In/Out.
• Ability to post Images, Videos, PDF and Text.
• Realtime notification alerts for Parents & Staff.
• Ability to write Observations, Learning Stories and Follow Ups.
• Ability to link back to the Early Year Learning Framework (EYLF) and National Quality Standards (NQS).
• Access to Administration Portal to manage the App and day to day usage.
• Event Calendars & Newsletters.
• ... and more!!!

Limitations of the Freemium App

• No Custom App. No Logo. No Branding. No Colour Schemes. It's a generic OWNA Childcare App.
• No Onsite Training. Everything will be done online or via online tutorial videos.
• No customisations. The App is used by the Centres as it is.
• Ads may appear on the Timeline and throughout the App.
• Limited to 20 posts maximum per day. (Limitation can be removed with App Extra Purchase)
• No Draft mode when putting up a Post. (Limitation can be removed with App Extra Purchase)
• Push Notifications cannot be sent from the App (only portal). (Limitation can be removed with App Extra Purchase)
• No promotion of your Centre on our Social Media pages or promotional materials that we generate from time to time.

Site Access

When you visit the OWNA website, we give you a limited licence to access and use our information for personal use. You are not permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

OWNA's website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

The copyright to all content on OWNA’s website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

Whilst OWNA takes all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is excluded. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website. Whilst OWNA intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions, from time to time, the Service may be unavailable, including periods of maintenance and/or other development activity. We will aim to publish in advance on the website or by other means as OWNA may determine, details of any known significant outages or interruptions to the Services.

Statutory Guarantees and Warranties to Consumers

Certain legislation including the Australian Consumer Law in the Competition and Consumer Act 2010 (“C&C Act”) , and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified. Schedule 2 of the C&C Act defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-

• Schedule 2 of the C&C Act; and
• those statutory guarantees, all of which are given by us to you if you are a consumer.

• We will repair or replace the goods or any part of them that is defective; or
• Provide again or rectify any services or part of them that are defective; or
• Wholly or partly recompense you if they are defective.

• If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
• If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
• If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability

If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us. We do not participate in any way in the transactions between our users.

Indemnity

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

OWNA undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

Charges

The Freemium Plan is free of charge with limited features. Optional add-on features are available for a once off payment which is payable by the You, prior to accessing the feature on the App. Expenses incurred by Customer associated with the installation, implementation, termination and receipt of the Services shall be the responsibility of the Customer. Prices of all Services and optional add-ons, are subject to change upon 30 days notice from OWNA, given by email or posted on the Website.

Terminations

To terminate an Account, the User must do so by sending a written notice to support@owna.com.au and providing us with one month’s written notice. Following this the User must delete all copies of the App from all their devices. It is the User’s responsibility to retrieve all necessary data from their Account prior to termination. We may terminate the Terms immediately, in our sole discretion, if: you breach any of these Terms and do not remedy the breach within 7 days after receiving notice of the breach if the breach is capable of being remedied; we reasonably suspect that you are attempting to reverse engineer or hack the Software that is provided to you; we consider that a request for a License is inappropriate, improper or unlawful; you fail to provide us with clear or timely instructions to enable us to provide you with a License; we consider that our working relationship has broken down including a loss of confidence and trust; actual or intentional verbal or written abuse is presented or for any other reason outside our control which has the effect of compromising our ability to provide you with the required Software or License within a required timeframe. On termination or completion of the Services, all data, files, documents, correspondence, physical or electronic will be either destroyed by us or returned immediately after the termination is in effect (at our election). Notwithstanding the above, we may retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms. If your Centre is currently using Freemium and would like to explore the benefits of our Premium & Enterprise packages. Contact us and let us know and we can help assist you with your enquiries.