User Agreement for the My Child Software
THIS USER AGREEMENT APPLIES TO THE USE OF THE ‘MY CHILD’ SOFTWARE. READ THROUGH THIS USER AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO THE TERMS OF THIS USER AGREEMENT.
Use of the My Child software and corresponding documentation (hereinafter: the ‘Application’) is provided to you free of charge by Partou B.V. (hereinafter: Partou). This User Agreement (hereinafter: the ‘User Agreement’) applies to the use of the Application. This User Agreement also applies to all upgrades and other Application developments made available to you.
2. Authorised use and restrictions
Partou hereby grants to you a non-exclusive, revocable and non-transferrable license to use the Application, the primarily goal of which is to promote optimum communication with Partou regarding the care and well-being of your child.
The Application may not be copied, altered or used to create derivative works in any manner whatsoever.
The Application (and its right to use) may not be transferred, made available for use or granted as a license or sub-license to third parties.
You are personally responsible for making the necessary back-up arrangements. All information (personal data, pictures, messages, etc.) shared via the Application will be stored for a limited period by Partou following the termination of the User Agreement. Partou may then decide whether or not to delete this information.
3. Communication and private messages
Messages, private and otherwise, can be exchanged through the Application. When writing private messages, you are kindly asked to comply with generally accepted standards, values and manners. Parties should interact with mutual respect. Partou has the right to delete messages. If you wish to delete a message from the Application, you must send a request (stating reasons) to the Customer Service Department.
The Application mailbox can be used to post messages and send private messages. Partou will make every effort to respond to messages posted and your questions as adequately and quickly as possible. The amount of time until this response depends on such factors as staffing capacity and providing the children with the necessary care.
Changes to or scheduling of your child’s presence and/or absence can also be communicated via the Application. Do not assume that your request has been carried out until you have received written or electronic confirmation of this.
This User Agreement will remain in force until the date on which you stop using the Application and/or Partou services. In the event of a violation of the terms of this User Agreement, Partou is entitled to terminate your right to use of the Application with immediate effect. When the license expires, you may no longer use the Application in any way.
5. Limited guarantee
The Application is offered on an ‘as is’ basis, i.e. without any guarantee. The use of the Application is at your own risk. The Application is primarily intended to optimise communication between you and Partou and is obviously not intended to replace personal contact. You are personally responsible for the proper use of the Application and the proper entry and handling of data, personal and otherwise. Partou does not guarantee, for example, that the functions of the Application will always meet your requirements or that the Application will function continuously or without any errors or that any shortcomings in the Application will or can be remedied.
6. Limited liability
Partou assumes no liability whatsoever for any damage resulting from or connected with the use of the Application, resulting from any cause, regardless of the grounds for the liability (non-compliance, unauthorised use or otherwise).
Partou may also post group pictures in the Application of other children and your child. You are asked to not distribute or post these photographs and to consider the interests of other parents and their children. Partou cannot prevent you or other parents from posting such pictures on social media or distributing them in any other way. This does not fall under Partou’s liability. To limit this risk, you can withdraw your consent and indicate that you do not want pictures to be taken and/or uploaded of your child.
In order to use the Application, you must register and create a username and password. It is in your best interest to keep your username and password confidential. Partou cannot be held liable for abuse of usernames or passwords by users or third parties.
10. Changes to the User Agreement
Partou has the right to make changes to the User Agreement at its own discretion. Changes take effect on the announced date. Changes also apply to current agreements, unless agreed otherwise in writing.
11. Applicable law
The User Agreement is governed by the law of the Netherlands. All disputes that arise in respect of the User Agreement or ensuing agreements will be submitted in the first instance to the competent court of Amsterdam.
12. Entire agreement
This User Agreement contains all agreements between the parties with regard to the matters described here. It replaces all previous written and/or verbal agreements between the parties with regard to these matters. The User Agreement forms part of the Basic Agreement entered into between you and Partou with regard to the care of your child by Partou (hereinafter: the ‘Basic Agreement’). Partou’s General Terms and Conditions apply to this User Agreement. In the event that the User Agreement, Basic Agreement and General Terms and Conditions contain conflicting provisions, the provisions of the User Agreement prevail in all instances.