Terms and Conditions

Last updated: 8 November 2024

IMPORTANT: By accessing or otherwise using the Application (as defined below), you agree to be bound by Educa’s Privacy Policy and these Terms & Conditions and agree to access or otherwise use the Application in accordance with these Terms & Conditions.

If you do not accept and agree to be legally bound by and comply with the Terms of this Agreement, you are not permitted to access or otherwise use the Application.

We update our Terms & Conditions as our service changes and as regulatory requirements change. We encourage you to visit this page often and read these terms carefully.

About This Agreement

These Terms and Conditions set out the agreement between Educa Limited and any users of the Application or the Site and Educa only makes the Application and Site available on the terms set out in this Agreement. This includes specific terms relating to the agreement between Educa and the Customer and Educa and the Parent with respect to the use of the Application. Information about Educa’s handling of Personal Information can be found in our Privacy Policy.

If you are a Customer, by registering to use the service, Educa agrees to provide you with access to the Application and you agree to only use the Application in accordance with the terms and conditions set out below in Part One and Part Three.

If you are a parent, by registering to use the service, Educa agrees to provide you with access to the Application and you agree to only use the Application in accordance with the terms and conditions set out below in Part Two and Part Three.

Educa may change or amend these Terms and Conditions at any time by posting the updated version on the Site. Parents and Customers should check this site regularly for updates. Continued use of the Application following the notice period will constitute acceptance of the updated Terms and Conditions. Customers who do not accept the amended Terms and Conditions may terminate their agreement with Educa in accordance with the Termination provisions of this Agreement.

1. Definitions

The following definitions apply to this entire Agreement, including the text above, Part One, Part Two and Part Three.

“Agreement” means these Terms and Conditions.

“Application” means the early childhood software provided by Educa, delivered through our website service.

“Child Data” means all information uploaded onto the Application by the Customer in respect of children in its child care centre.

“Customer” means a child care centre that has registered and been approved by Educa (at its discretion) to use the Application and includes any person that uses the Application through that child care centre’s account or with the authorisation of that person or entity.

“Educa” means Educa Limited, a New Zealand company that can be contacted at PO Box 8051, the Terrace, Wellington 6143 and its subsidiaries.

“Educator Data” means all information uploaded onto the “My Portfolio” section of the Application by the relevant Customer.

“Fee” means the fees (excluding any taxes and duties) payable by the Customer in accordance with the Educa fee schedule (which may change from time to time on notice to the Customer).

“Intellectual Property” means any and all intellectual and industrial property rights throughout the world including but not limited to rights in respect of, or in connection with copyright (including future copyright and rights in the nature of, or analogous to, copyright); trademarks; inventions (including patents); any confidential information; service marks; designs; and whether or not existing now and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions.

“Parent” means the parent, guardian, relative, caregiver or other responsible adult of a child attending a child care centre operated by the Customer who has registered to use the Application.

“Personal Information” means information about an identifiable individual including, but not limited to:

personal details (including name and email addresses);
login information (including passwords); and
information relating to an individual’s access to the Site (which may include IP addresses if they identify an individual).

“Profile Capacity” means the number of individual profiles a Customer can manage within the Application. The Customer may adjust their Profile Capacity in multiples of 5 profiles, with a minimum Profile Capacity of 15 profiles, subject to the terms of their subscription plan.

“Site” means the internet website operated by Educa at the following URLs: https://www.geteduca.com including the public areas of the website available to any user without logging in to the Application. “Application” means the child care centre information management service made available (as may be changed or updated from time to time by Educa) via the Site.

“Student User” means a child creating a story in Educa in the private “student user mode” which can only be accessed by teachers and parents related to the child who has a valid login.

“Term” means either monthly or annual depending on the subscription plan selected by the Customer.

“User” means anyone who accesses, views or uses the Application on the Site, including Customers and Parents.

Part One: Customer

2. Subscription Plan

The Customer has the option to choose between two subscription plans:

The Monthly Plan: Fees are charged monthly and may change with 30 days’ notice. Customers may adjust their profile capacity in multiples of 5 profiles, and changes will be reflected in the next billing cycle.
The Annual Plan: Fees for the annual plan are calculated and charged upfront (based on the profile capacity required multiplied by the annual price per child) and cover the entire 12-month period. Customers may increase their profile capacity in multiples of 5 profiles during the contract term. Any increase will result in a prorated charge for the remainder of the year. Annual Plans automatically renew on the anniversary of the Annual Plan unless the Customer gives notice 30 days’ prior to the anniversary date.

3. Use of Application

Right to Use: Educa grants the Customer the right to access and use the Application via the Site. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.

4. The Customer’s Obligations

Payment obligations: The Customer must pay Educa the Fee in advance each month. Educa will generate an electronic invoice in respect of the Fee each month and email this to the address provided by the Customer. The Customer shall pay the invoice within 7 days of the date of invoice or before the first day of the month to which the invoice relates, whichever is earlier (“Due Date”). The name that will appear on your statement will be Educa Limited.
Failure to pay: If the Customer fails to pay any invoice by the Due Date, then Educa may suspend:
1. the Customer’s access to the Application; and
2. access to the Application of all Parents whose children attend the Customer’s childcare centre; pending payment in full.
Subscription Plans: Customers may select one of the following subscription plans for the Application:
1. Monthly Plan: Billed monthly and renews automatically at the end of each month unless cancelled. Subscription fees for the monthly plan are subject to change, with a 30-day notice prior to any changes taking effect.
2. Annual Plan: Billed upfront for a 12-month period, with fees guaranteed for the entire duration. This plan renews automatically at the end of the 12-month period unless cancelled by the Customer at least 30 days prior to the renewal date.
Automatic Renewal: All subscription plans (monthly and annual) will automatically renew at the end of the contract term unless cancelled by the Customer under the Termination section of this agreement.
General obligations: The Customer must only use the Application for its internal purposes to assist the care, learning and development of the children it is responsible for.
Acceptable use: The Customer shall not (and shall ensure that none of its staff) use the Application for any illegal purpose or activities, or for the transmission or storage of material which is unlawful, defamatory, harassing, invasive of any individual’s privacy, abusive, harmful, threatening, vulgar, pornographic, obscene, otherwise objectionable, or offends religious sentiments, promotes racism, or contains viruses or that which may infringe the Intellectual Property of any third party. Educa reserves the right to suspend or terminate the Customer’s access to the Application if there are reasonable grounds to believe that the Customer has been engaged in any unlawful or unauthorised activity.
Parental Consent: The Customer must seek the explicit prior written consent of the Parent of every child, before placing that child’s Child Data on the Application. The Customer must not in any circumstances place Child Data on the Application without the explicit prior written consent of the relevant child’s Parent.
Access conditions: The Customer must ensure that all usernames and passwords required to access the Application are kept secure and confidential. The Customer must immediately notify Educa of any unauthorised use of its passwords or any other breach of security
Need to know: The Customer shall ensure that it restricts access to the Child Data through the Application to those of its staff who have a genuine “need to know” the Child Data for the purposes set out in clause 3.3.
Deletion of Child Data: The Customer shall ensure that Child Data is archived in the Application once the relevant child is no longer in its care or it is no longer necessary for the Customer to retain the Child Data. In the event of expiry or termination of this Agreement for any reason, the Customer shall promptly archive all Child Data from the Application and inform all Parents that they have done so. Customers can request deletion of data at any time by contacting [email protected].
Transferral of Child Data: In the event of a child transferring or leaving the care of the existing Customer, any transfer of data to another customer’s site must be approved by the existing Customer who is the data controller until the transfer takes place.
Password privacy in Student User mode: In Student User mode a child can create a story, which a parent can comment on that can then be submitted for approval to a teacher, who can then link to plans and curriculum as per teacher story functionality. In that mode, students have no access to the rest of the Educa including other functions and other users. Exiting this “locked down” Educa mode requires a teacher or parent password. Customers agree not to share that password with the student, as that would grant the student access to the content and connections of the logged-in teacher or parent, essentially unauthorised access that is granted without going through the normal invite option.
Use for other purposes: The Customer may make screenshots of the Application available to third parties for marketing purposes or for the purpose of promoting the development of the child care industry provided that:
1. Educa has given its prior written consent to each proposed use; and
2. The screenshots do not include any Personal Information about any user of the Application.

5. Confidentiality

Confidentiality of Child Data: Educa will use reasonable endeavours to keep all Child Data held on the Application confidential and not to disclose the Child Data to any person except:

To staff members of the Customer;
To the relevant Parents of each child;
If the Customer has undertaken a group learning project with a number of children, in which case Educa may make information in respect of that project available to other parents;
To Educa staff members and service providers working with Educa on the operation and ongoing development of the Application and the Site, provided that such disclosure is necessary and such persons are under equivalent obligations of confidentiality as contained in this clause 4 with respect to Child Data;
In the course of a purchase or acquisition of the business or assets of Educa, provided that such disclosure is necessary and such persons are under equivalent obligations of confidentiality as contained in this clause 4 with respect to Child Data; or
Where required by law or any Court, or in response to a legitimate request by a law enforcement agency.
However, because internet services cannot be guaranteed to be 100% secure in all aspects (including in relation to unauthorised use and disclosure of personal information), you acknowledge and agree that you use this service at your own risk, and you should only proceed to use the Application if you accept this condition.

You must not share another User’s personal information without that User’s explicit permission. You must not share a child’s personal information without the permission of that child’s parent or guardian. You agree to the terms set out in Educa’s Privacy Policy.

Educa will treat personal information as confidential and comply with the Privacy Act 2020 (New Zealand), the Privacy Act 1988 (Cth, Australia), the Personal Information Protection and Electronic Documents Act, SC 2000, c5 (federal, Canada), the Personal Information Protection Act (Alberta, Canada), the Personal Information Protection Act (British Columbia, Canada) and Educa’s Privacy Policy. It will not knowingly breach any privacy laws in other jurisdictions.

6. Intellectual Property

The Application and the Site: All Intellectual Property rights in the Application and the Site and any other materials relating to the Application or the Site shall be owned by Educa and/or its licensors (if any).
The Child Data: All Intellectual Property in the Child Data shall be owned by the Customer or the relevant child as applicable for the duration of the contract between Educa and the Customer. Educa acknowledges it has no Intellectual Property rights in the Child Data. The Customer grants Educa an assignable royalty-free worldwide non-exclusive sub-licensable license to access, copy, make adaptations from, distribute, archive, communicate and otherwise disseminate the Child Data for the duration of this Agreement and thereafter until the Customer has requested the deletion of all Child Data from the Application. At the end of the contract between Educa and the Customer (when a child is archived or removed from the platform) Educa will periodically remove all Child Data from their system as a part of ongoing maintenance. Educa will not display any Child Data in the public areas of the Site, or include any Child Data in any public promotional or marketing materials. Educa is not allowed to download or store data on personal devices or print any Child Data for any reason except with the express permission of the Customer.
The Educator Data: All Intellectual Property in the Educator Data shall be owned by the Customer or the relevant Educator/Teacher as applicable. Educa acknowledges it has no Intellectual Property rights in the Educator Data. The Customer grants Educa an assignable royalty-free worldwide non-exclusive sub-licensable licence to access, copy, make adaptations from, distribute, archive, communicate and otherwise disseminate the Educator Data for the duration of this Agreement and thereafter until the Customer has removed or deleted all Educator Data from the Application, only for the purpose of operating, developing and improving the Application and the Site and complying with this Agreement but not otherwise. Educa will not display any Educator Data in the public areas of the Site, or include any Educator Data in any promotional or marketing materials.

7. Indemnity

Customer Indemnity: The Customer indemnifies Educa against any liability, claims, costs, and losses arising from any actual or alleged claim that Educa’s storage, use or disclosure of any of the information uploaded to the Application by the Customer:

Infringes a third party’s Intellectual Property rights or privacy rights;
Is defamatory, objectionable, obscene or harassing;
Is unlawful in any way; or
Is otherwise in breach of this Agreement.

8. Warranties and Acknowledgements

Information stored on Application: The Customer warrants that it has all rights and has obtained all permissions necessary to disclose the information it places on the Application to Educa and for Educa to use such information in accordance with this Agreement.
Consumer guarantees: The Customer warrants and represents that it is acquiring the right to access and use the Application for the purposes of a business and that, to the maximum extent permitted by law, the Consumer Guarantees Act 1993 does not apply to the supply of the Application or the Site to the Customer.
Educa staff site access: Customers and parents acknowledge and understand that staff and service providers hired by Educa could from time to time access the customer Site. Educa staff and service providers will access a customer Site in a limited capacity only – primarily in a support capacity, to improve the configuration and workflow on the customer Site for the benefit of the customer and parent or to improve the operating, developing and improving of the Application.

9. Termination

Customer cancellation:
1. Monthly Contract: Customers on a monthly contract may cancel at any time by sending a written cancellation request to [email protected]. The cancellation will take effect at the end of the current billing cycle, and no further charges will be applied once the cancellation is processed.
2. Annual Contract (12+ months): Customers on an annual contract may cancel at any time by sending a written cancellation request to [email protected]. The plan will automatically renew at the end of the 12-month period unless cancellation is requested at least 30 days before the renewal date. No refunds will be issued for any unused portion of the subscription. The service will remain active until the end of the 12-month period.
  It is the Customer’s responsibility to remove all content posted to your Account before deletion or cancellation. This information may not be recovered by the Customer once an Account is cancelled.
Breach: Educa may terminate this Agreement and the Customer’s access to the Application and/or the Site (or suspend Customer’s access) if the Customer:
1. Breaches this Agreement (including, without limitation, by not paying the Fee) and, if the breach is capable of being remedied, does not remedy the breach within 14 days of receiving notice of the breach;
2. Becomes insolvent or goes into liquidation or has a receiver or manager appointed of any of its assets or if it makes any arrangement with its creditors, or becomes subject to any similar insolvency event in any jurisdiction.

10. Privacy

Educa is an agent: The Customer agrees that in collecting, holding and processing Personal Information in respect of the Application, Educa is acting as an agent on behalf of the Customer for the purposes of the Privacy Act 1993. Educa shall hold and process the Child Data in accordance with the Customer’s instructions and this Agreement. To the extent that it applies to Educa as an agent of the Customer, Educa shall comply with the Privacy Act 2020 in respect of the Child Data.

11. Emails

Customer consent: The Customer agrees to receive regular emails from Educa with updates and information about the Application as well as information and offers about other products and services. Parental opt-out: The Customer may notify Educa in writing at the time it first registers that it does not wish any of its Parents to receive emails from Educa with information and offers about other products and services. If Educa receives such notification, it will opt out such Parents from these emails by default.

Part Two: Parents

12. Use of Application

Right to Use: Educa grants the Parent the right to access and use the Application via the Site. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
Personal use only: The Parent must only use the Application and Site for personal and non-commercial purposes, in accordance with this Agreement and any notice sent by Educa or condition posted on the Site.
Acceptable use: The Parent shall only use the Application to access Child Data about his or her child and shall not access or attempt to access information about any other child or children, except where information about other children is included as part of a group learning activity in which the Parent’s child is participating. The Parent shall not use the Application for any illegal purpose or activities, or for the transmission or storage of material which is unlawful, defamatory, harassing, invasive of any individual’s privacy, abusive, harmful, threatening, vulgar, pornographic, obscene, or otherwise objectionable, or offends religious sentiments, promotes racism, or contains viruses or that which may infringe the Intellectual Property of any third party. Educa reserves the right to suspend or terminate the Parent’s access to the Application if there are reasonable grounds to believe that the Parent has been engaged in any unlawful or unauthorised activity.
Term of Parent’s access: The Parent will be entitled to access the Child Data in relation to his or her child for the duration of Educa’s agreement with the applicable child care centre (as a Customer). If that agreement is terminated at any time, the agreement between the Parent and Educa shall automatically terminate and the Parent shall have no further rights to access the Application or the Site. Educa may also terminate or suspend the Parent’s access to the Application or the Site at any time if it or the relevant Customer is in breach of this Agreement. If the Parent no longer wishes to have access to the Application, the Parent shall contact the Customer and ask it to deactivate his or her account.
Subject to Customer’s payment: The Parent’s access to the Application pursuant to this Agreement shall continue for the period covered by the Fee paid by the Customer. If the Customer fails to pay the Fee for any reason, then Educa may suspend or terminate the Parent’s access to the Application until payment in full has been made.
Supply to a business: The Parent acknowledges that the Application is provided by Educa to the Customer for a business purpose, and made available by the Customer to the Parent. As such to the maximum extent permitted by law the Consumer Guarantees Act 1993 does not apply.

13. Child Data

Consent: Educa requires the Customer to obtain the Parent’s consent to use any Child Data in respect of the Parent’s child. The Parent acknowledges that once that consent has been obtained it may be difficult to subsequently remove all information from the Application in relation to their child.
Deletion or removal: If the Parent has any concerns about any Child Data on the Application, it shall contact the Customer directly to request the deletion, amendment or removal of such information.
Transferral: In the event of a child transferring or leaving the care of the existing Customer, any transfer of data to another customer’s site must be approved by the existing Customer who is the data controller until the transfer takes place.

14. Intellectual Property

The Application and the Site: All Intellectual Property rights in the Application and the Site and any other materials relating to the Application or the Site shall be owned by Educa and/or its licensors (if any).
The Child Data: All Intellectual Property in the Child Data shall be owned by the Customer or the relevant child as applicable. Educa acknowledges it has no Intellectual Property rights in the Child Data. The Parent grants (on behalf of its child) Educa an assignable royalty-free worldwide non-exclusive sub-licensable licence to copy, make adaptations from, distribute, archive, communicate and otherwise disseminate the Child Data for the duration of the Agreement between the Customer and Educa and thereafter until the Customer has removed all Child Data from the Application, for the purpose of operating, developing and improving the Applications and the Site and complying with this Agreement but not otherwise. Educa will not display any Child Data in the public areas of the Site, or include any Child Data in any promotional or marketing materials.

15. Privacy

Educa as agent of Customer: The Parent acknowledges that in collecting, holding and processing Personal Information through the Application, Educa is merely acting as an agent on behalf of the Customer for the purposes of the Privacy Act 2020. To the extent that it applies to Educa as an agent on behalf of the Customer, Educa will comply with the Privacy Act 2020 in respect of the Child Data. If the Parent has any complaints or questions about the handling of its Personal Information or the Personal Information of its child or would like to exercise its rights of access or correction, it will contact the Customer directly.

16. Emails

Parent’s consent: The Parent agrees to receive regular emails from Educa with updates and information about the Application as well as information and offers about other products and services. Parents may choose to opt out of receiving emails with information and offers about other products and services at any time by emailing Educa.

Part Three: Parents and Customers

The obligations in this Part Three apply to Customers, Parents, and any other users, each being a “User” in the provisions below.

17. Restrictions on Use

No person may use or attempt to use the Application unless they have registered with and been approved by Educa (at its discretion) as a Parent or Customer.
Specific restrictions: When accessing and using the Application, the User must:
1. Not attempt to undermine the security or integrity of Educa’s computing systems or networks or, where the Application is hosted by a third party, that third party’s computing systems and networks;
2. Not use, or misuse, the Application in any way which may impair the functionality of the Application or Site, or other systems used to deliver the Application or impair the ability of any other user to use the Application or Site;
3. Not attempt to gain unauthorised access to any materials other than those to which the User has been given express permission to access or to the computer system on which the Application is hosted;
4. Not transmit, or input into the Site, 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 the User does not have the right to use); and
5. Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Application or to operate the Site except as is strictly necessary to use either of them for normal operation.
Prohibition of Screen Scraping:
1. No Screen Scraping: Users are strictly prohibited from utilising any tools, software, or methodologies for screen scraping, data scraping, data mining, or any similar data gathering and extraction methods in relation to the Application or Site. This prohibition applies to all data and content available on the Application or Site, including but not limited to any text, images, documents, diagrams, graphics, logos, designs, audio, video, and any other types of information or content.
2. Automated Access: Users are not permitted to access the Application or Site through automated means, including the use of scripts, bots, spiders, or similar software.
3. Violations: Any unauthorised screen scraping or automated access of the Application or Site is a violation of these Terms and Conditions and may also violate applicable laws, including copyright law, trademark law, and applicable communications regulations and statutes. Violations of this section may result in immediate termination of your access to our services, and may also result in legal action.
4. Reporting Violations: If you become aware of any violation of this prohibition, or any other abuse of the Application or Site, please report this immediately to Educa at [email protected].

18. Warranties

No warranties: Educa gives no warranty in respect of the Application, which is provided “as is.” Without limiting the foregoing, Educa does not warrant that the Application will meet the Customer’s 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.

19. Termination

Term: This Agreement will continue for the period covered by the Fee paid by the Customer. The Customer or Educa may terminate this Agreement for convenience at any time in writing, provided that the Customer shall not be entitled to any refund of Fees if it terminates this Agreement prior to the end of the billing cycle for which it has already paid Fees.

Upon termination, Educa has the right to delete all data relating to customer accounts.

20. Availability

Application availability: Whilst Educa intends that the Application should be available during all normal business hours, it is possible that on occasions the Application or Site may be unavailable to permit maintenance or other development activity to take place.
Interruptions: If for any reason Educa has to interrupt the Application for longer periods than Educa would normally expect, Educa will use reasonable endeavours to publish in advance details of such activity on the Site.

21. User Information

Educa shall ensure that all Personal Information of a User that is not a Customer or a Parent disclosed to Educa is kept confidential and treated in accordance with the Privacy Act 1993.

22. Indemnity

User Indemnity: If anyone brings a claim against Educa in connection with the User’s actions, content or information on the Application, the User will indemnify and hold harmless Educa against all damages, losses and expenses of any kind, including reasonable legal costs and fees arising out of such claim. For the purposes of this clause 21 “User” excludes Customers.

23. Limitation of Liability

Total limit: The total liability of Educa for any loss arising in connection with this Agreement or the Application will not in any circumstances exceed the total Fee paid to Educa under this Agreement in the last 12 months.
Excluded loss: Educa will not in any circumstances be liable for any of the following in respect of this Agreement or the Application, however, they arise, and even if the event was foreseeable or the possibility had been brought to the attention of Educa:
1. Loss of profit;
2. Loss of use;
3. Loss of data;
4. Loss of opportunity;
5. Loss of revenue;
6. Loss of contracts; or
7. Loss of business;
Indirect loss and loss caused by another: In addition, Educa will not be liable for any consequential indirect or special damage or loss of any kind; or any loss caused by the User, its servants, agents or any other persons whatsoever.
Cybersecurity: Educa employs reasonable security measures to protect Customer and Child Data. However, Educa will not be held liable for any unauthorised access or data breaches that occur due to the Customer’s failure to maintain secure passwords or follow recommended security practices.
Force Majeure: Educa will not be held liable for failure or delay in the performance of its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, strikes, Internet outages, or failures of third-party service providers (e.g. hosting platforms).

Educa Website Visitors – Future Communications

Please be advised that by requesting any information from Educa on this website, you are also agreeing to receive future emails and communications from Educa.