Terms and Condition

By accessing and using the Mytoucan Application (the “Application”) or mytoucan.app or mytoucan.io Website (“Website”) and all services offered by Mytoucan Pty Ltd or any of its subsidiaries (“mytoucan”) (together the “Services”), the person or organisation entering into these terms of use as a User of the Services, together with all individual Users accessing the Application, Website or Services on that person’s behalf (together, “you” or “Users”) accept and agree to be bound by these terms of use (“Terms”). Users may only use the Application, Website and Services in accordance with these Terms. All rights not expressly granted to Users in these Terms are reserved by Mytoucan.

These Terms apply to all use of the Application, Website (including any paid use of the Services), and any free trial of the Services.

Non-compliance with these Terms

If a User does not comply with these Terms, Mytoucan may, at its sole discretion and with or without notice, cancel or suspend that User’s account and refuse to provide Services to that User.

Amendments

Mytoucan reserves the right to amend or update these Terms and the Application, Website and/or Services it provides at any time with or without notice to Users, and may also add new features that will be subject to the Terms. Any User who continues to use the Application, Website or Services after any changes have been made will be taken to have agreed to those changes. Users should therefore check these Terms regularly. New versions of these Terms will be dated according to the date on which they took effect.

Application

The Application, Website and Services are provided on an “as is” and “as available” basis, and you acknowledge that the use of the Services is at your sole risk. Mytoucan disclaims any and all responsibility and liability for the availability, timeliness, security or reliability of the Application.

Mytoucan reserves the right to modify, suspend or discontinue the Application, Website or Services (or any part thereof) with or without notice at any time. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Application, Website or Service.

Mytoucan does not warrant that: (a) the Services will meet your specific requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; or (e) any errors in the Services will be corrected.

You acknowledge that Mytoucan may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the Services. The acts and omissions of those third party suppliers may be outside of Mytoucan’s control, and Mytoucan does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.

On behalf of itself and such third party suppliers, Mytoucan excludes any other warranties that may be implied or otherwise apply under statute or otherwise under applicable law, to the maximum extent permitted by law.

Limited Licence

Mytoucan hereby authorises you to copy materials published by Mytoucan on this Web Site solely for non-commercial use within your organisation (or if you are a Mytoucan Partner, your customer’s organisation) in support of Mytoucan products. No other use of the information is authorised. In consideration of this authorisation, you agree that any copy of these materials that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any licence or right under any patent, trademark, or copyright of Mytoucan or any third party.

ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM MYTOUCAN. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT, OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

Account information

In order to access and use the Application, Website and/or Services, Users will need to:
Provide certain information about themselves, including a full legal name and email address (as prompted by the Website) (“Account Information”); and be a natural person, as accounts and User logins may not be registered or accessed via automated methods.

All Users agree to provide true, accurate, current and complete Account Information, and to maintain and promptly update their Account Information in order to ensure that it remains true, accurate, current and complete.

By providing your details to Mytoucan, for a free trial of Mytoucan, you agree to us contacting you with information and promotions relating to Mytoucan’s products and services.

In the case where Mytoucan provides the ability to log in to the system using your Google or Facebook account, you grant us access to your email address, and, if available, your name associated with them. We do not receive your password.

Responsibility

Each User will be responsible for all activity that results from its use of the Services. Mytoucan disclaims any and all liability in relation to each Users’ use of the Services, and will not be held accountable if a User suffers any loss or damage as a result of its use of the Services, including (but not limited to) any loss or damage resulting from: any downgrade of the Services that Users may opt for through the Website; and the cancellation of any User’s account.

No illegal use

No User may use the Applications, Website or Services for any illegal or unauthorised purpose, or upload any information that is in breach of any confidentiality obligation, copyright, trademark or other intellectual property or proprietary rights of any person, entity or organisation.

Mytoucan reserves the right, but shall have no obligation, to investigate your use of the Application, Website or Services in order to determine whether a violation of these Terms has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Chat and Email Messaging to Users

The Services allow a User to send Chat and Email messages to their customers for the purposes of (but not limited to) informing their customer about the products and services provided by the User’s business, such as sending appointment reminders. No additional fee will be charged to the recipients to receive or to reply to these Chat.

It is the User’s responsibility to obtain all relevant consents required from their customer in order to send the Chat and Email messages. The User must refer to the anti-spam legislation and regulations in the User’s country, with examples listed below:

New Zealand: Unsolicited Electronic Messages Act 2007
Australia: Spam Act 2003 (Cth) and Spam Regulations 2021 (Cth)
United Kingdom: Privacy and Electronic Communications (EC Directive) Regulations 2003
California Consumer Privacy Act of 2018 (CCPA)

No malicious use

Users may only access the Application, Website and Services through the interface provided by Mytoucan, and must not use the Application, Website or Services for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other User of the Applications, Website or Services.

Fair use

Mytoucan reserves the right to monitor and enforce the terms of it’s fair use policy at all times. Mytoucan reserves the right to cancel or suspend any User’s account at any time if it feels Mytoucan’s fair use policy has been breached. All users agree that the below “User Definitions” are fair and correct;

“Licence” (on a Licence pricing plan only) – a user in Mytoucan, Licences can be a staff or team member and parents as desired by you. All parents can be assigned to a sleep plan to access Mytoucan products via the Applications and/or Website, and receive Chat messages via Mytoucan app.

Payments

All Services are charged in advance on a monthly or annual basis based on the licence plan fees chosen. Charges are non-refundable, including for any part period of Services, Service upgrades or downgrades or unused Services in an open account. The value of any used subscription or other credit in relation to your account is non-refundable.

Mytoucan will not be held liable in any way for any lack of refunds in connection with the Services. A valid credit card number is required for paying User accounts.

If a User is carrying out a free trial of the Services (as offered on the Application, Website), the free trial will begin on the day that the User’s account is opened and end 14 days later. At the end of the free trial period, Users will need to provide a valid credit card number in order to further use the Services.

Mytoucan will charge a User’s credit card for any upgrade that a User opts for in respect of the Services from the date of the upgrade.

Price Increase Policy:

At mytoucan.io, we value transparency and strive to provide reliable and high-quality services at competitive prices. While we understand the importance of stable pricing for our customers, there may be circumstances where it becomes necessary for us to adjust the pricing of our subscription plans. To ensure clarity and openness, we have established the following Price Increase Policy:

Notification: If we plan to increase the pricing of our subscription plans, we will provide advanced notification to our customers. We will communicate these changes via email, within a reasonable time frame before the price adjustment takes effect. This notification will include the details of the upcoming price increase, effective date, and any other relevant information.
Annual Review: We conduct regular reviews of our pricing structure to evaluate market conditions, operational costs, and investments made in improving our services. Based on these assessments, adjustments may be necessary to sustain the quality and reliability of our offerings. We aim to conduct these reviews on an annual basis, but reserve the right to perform them more frequently if required.
Justification: Any price adjustments we make will be reasonable and justified based on factors such as market trends, inflation, increased operational expenses, enhancements to the product, or additional features and services being added to the subscription plans. We are committed to providing value for your investment and ensuring that any price changes reflect the value we bring to your business.
Existing Subscribers: Our Price Increase Policy applies to both existing and new subscribers. However, we understand the importance of maintaining a fair balance between providing reliable services and minimising disruption for our valued existing customers. Therefore, for existing subscribers, we aim to provide reasonable transition periods or grandfathered rates whenever possible, ensuring a smooth and gradual adjustment to the new pricing structure.
Opt-Out Option: If you are an existing subscriber and decide that the new pricing no longer aligns with your needs, you have the option to cancel your subscription before the price increase takes effect. We respect your decision and want to ensure that you have the freedom to make choices that best suit your requirements.

We are committed to providing exceptional service and maintaining transparent communication with our customers. We understand that price adjustments can be sensitive, and we will always strive to balance the need for sustainability and quality with the best interests of our valued customers.

Please note that this Price Increase Policy is subject to change, and any modifications will be communicated to you in accordance with our standard notification practices mentioned above.

Fees

The fees charged for the Services (“Fees”) are subject at all times to change by Mytoucan giving 30 days notice, which will be posted on the website or sent via email. Mytoucan shall not be liable to Users or any third party for any modification to the Fees.

Taxes

All Mytoucan fees are exclusive of all taxes, and the User indemnifies and holds Mytoucan harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.

All Mytoucan product fees are exclusive of all taxes (other than Australian GST for Australian customers), and the User indemnifies and holds Mytoucan harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.

Cancellation of accounts

Mytoucan reserves the right to cancel or suspend any User’s account at any time in its sole discretion, and all Users are entitled to cancel their account with Mytoucan at any time. All cancellations will result in the deactivation of the User’s account within 30 days. An email or phone request to Mytoucan to cancel a User account is not considered cancellation. Users may only cancel their account through the Website. If a User elects to cancel its account, cancellation will not become effective unless and until no money is owing on that User’s account. If you cancel the service plan before the end of your current paid up period, your cancellation will take effect after 30 days.

Your data and content will not be deleted from our systems upon cancellation of your account. This content can be recovered upon your account being reactivated. Mytoucan is not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.

Account downgrades

Users may downgrade their accounts (for example, from 15 Licences to 5 Licences) at any time by contacting us. The downgrade will become effective immediately and the new amount will be billed from the next billing cycle. No refunds will be paid in respect of any unused portion of any higher account offering.
Downgrading your Services may cause the loss of content, or features of capacity of your account. If you choose to downgrade your account, Mytoucan does not accept any liability for the resulting loss of data, content, features or capacity.

Liability

Mytoucan shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Mytoucan has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (c) unauthorised access to or alteration of your transmissions or data; (d) statements or conduct of any third party regarding the Services; or (e) any other matter relating to the Services.
Mytoucan’s maximum aggregate liability under or in connection with this Agreement shall be limited to the amount of Fees paid to Mytoucan by the relevant User during the last twelve months.

Indemnity

Each User indemnifies, and will keep indemnified, Mytoucan against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Mytoucan may incur or be subject to or suffer as a result of the relevant User’s use of the Services.

Intellectual property

All Users agree that Mytoucan owns all of the intellectual property rights existing in the Application, Website and Services. However, Mytoucan claims no intellectual property rights in relation to the information or content uploaded to the Application or Website by Users.

Mytoucan branding

No User may publish or use Mytoucan’s brand, branding or logos except with Mytoucan’s prior written consent.

Technical support and malfunctions

Mytoucan is committed to providing excellent customer service. Mytoucan will try to promptly address (during normal business hours) all technical issues that arise on the Application, Website or in connection with the Services. However, Mytoucan will not be liable for any loss suffered as a result of any partial or total inability to use the Services (either in whole or in part). You agree that Mytoucan’s support team may access your account from time to time in order to diagnose and fix any problems.

Security

Users are responsible for maintaining the security of their account and password on the Application and/or Website. Mytoucan will not be liable for any loss or damage that may result from any failure to keep Usernames and passwords secure.
Mytoucan makes efforts to keep content uploaded by Users secure, but will not be liable for any loss or damage that may result from any breach of security, or any unauthorised access or use of that content.

General provisions

These Terms represent the entire agreement between Mytoucan and you in relation to the use of the Services and supersede any prior agreement, understanding or arrangement between the Parties in relation to such matters, whether oral or in writing.
You may not assign or transfer, or agree to assign or transfer, any of your rights and obligations in relation to the Services and/or these Terms to any other person without Mytoucan’s prior written consent.

If any part or provision of these Terms is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision, the remainder of the Terms will be binding on the Parties.

If Mytoucan waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
A person who is not a party to these Terms has no right to benefit under or to enforce any of the provisions of these Terms.

Governing law and jurisdiction

The Mytoucan product terms shall be governed by Australian law, and all Users submit to the exclusive jurisdiction of the Australian courts for any matter or dispute arising in relation to these Terms.

Payment Services

MytoucanOp uses Stripe as its third party service provider for Payment Services.

Mytoucan has contracted with Stripe to facilitate secure payment process for services Purchased and Sold via the Mytoucan online platform and application. Payment Security is managed through Stripe for mutual security. Encryption protection is managed with an SSL (Secure Socket Layer) certificate.

You agree to be bound by Stripe Privacy Policy which is located at https://stripe.com/en-au/privacy and hereby consent and authorise Mytoucan and Stripe to share any information and payments instructions you provide with one another and, to the extent required to complete your transactions, with any third party service provider(s).

By invoicing and receiving payments on the Mytoucan platform you agree to be bound by Stripe Terms which are located at: https://stripe.com/en-au/privacy

These Terms should also be considered in conjunction with the Privacy Policy