This page sets out the terms and conditions (“terms”) on which Famly limited supplies the services (“services”) offered through its mobile device application and/or its website, which is located at famly.co (the mobile application and website being referred to collectively as the “app”).’
Read carefully before committing
Please read these terms and conditions carefully before committing to make use of any of the service. You agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you will not be able to register with the app or use the services offered by Famly ApS.
You are advised to print and retain a copy of the terms and conditions for you future reference. These terms and conditions may be subject to change from time to time, and accordingly you are advised to refer back to these terms and conditions before registering with the app.
Information about Famly ApS
1.1. The App is owned and managed, operated and maintained by Famly ApS (“Famly” ), a company registered in Denmark with company registration number 35 41 37 58, and having its registered address at Købmagergade 19, 2TV, 1150 København K, Denmark.
1.2. Famly may be contacted at Købmagergade 19, 2TV, 1150 København K, Denmark or by email at firstname.lastname@example.org
Information about the app
2.1. To use the App you must become a registered user (“User”). The App allows Users to post, link, store, share and otherwise receive certain information, images, videos, text and/or other content (“Content”) from Daycares and Schools (”School”) using the App. Both User and School are considered Content owners, depending on who produces the content.
2.2. Famly shall be entitled at its own discretion to suspend the App at any time and for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the App, including but not limited to preventing you from using any of the Services available on the App.
2.3. Famly reserves the right to make any changes to the App including any functionalities and content therein or to discontinue any aspect of the same without notice to you.
2.4. Famly relies on third party providers (such as network providers, data centres and telecommunication providers) to make the App and the content therein and the Services available to you. Whilst Famly takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that Famly does not warrant that the App shall be uninterrupted or fault-free at all times. Famly therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and App as a result of Famly’s service providers.
2.5. The App may include links to other websites and services that are not operated by Famly. Famly provides such links to you only as a convenience and is not responsible for the content or links displayed on such websites. You are responsible for and assume all risk arising from your use or reliance of any third party websites or services.
2.6. If you access the App through, or downloaded it from, any app store or distribution platform (such as Apple App Store or Google Play) (the “App Providers”), you acknowledge and agree that:
2.6.1. you are doing so on a device owned and controlled by you;
2.6.2. these Terms are concluded between you and Famly, and not with the App Provider;
2.6.3. Famly (and not the App Provider), is solely responsible for the App and is in no way affiliated to the App Provider;
2.6.4. the App Provider has no obligation to provide any maintenance or support services with respect to the App.
2.7. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable). To the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Famly.
2.8. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
2.9. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Famly will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
2.10. The App Provider and its subsidiaries are third party beneficiaries of these Terms as related to your license of the App. Upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary. You must also comply with all applicable third party terms of service when using the App.
2.11. Further, where you obtain the App from the Apple AppStore, you acknowledge and agree that: you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country; you are not listed on any US Government list of prohibited or restricted parties; ‘AppStore’ and ‘Apple’ are trade marks of Apple Inc,.
3.1. By registering your details with Famly, you warrant that:
3.1.1. you are legally capable of entering into binding contracts;
3.1.2. you are at least 18 years old;
3.1.3. you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms for the use of the Services; and
3.1.4. you are the legal guardian of any child or children you add to your Account.
4.1. In order to use any of the Services offered on the App, you will need to complete the online registration form and set up an account (“Account”) as a User.
4.2. By registering your details and setting up an Account you consent to Famly conducting verification and security procedures in respect of the information provided by you online.
4.3. You hereby warrant that the information provided by you to Famly is true, accurate and correct. You further warrant that you shall promptly notify Famly in the event of any changes to such information.
4.4. Upon the completion and submission of the online registration form on the App, and once you have accepted Famly’ Terms, you shall be sent a verification email to the email address you provided on the registration form.
4.5. You shall keep your registration details for the App (“Login Details” ) confidential and secure. Without prejudice to any other rights and remedies available to Famly, Famly reserves the right to promptly disable your Login Details and suspend your access to the App in the event that Famly has any reason to believe you have breached any of the provisions set out herein.
4.8. Notwithstanding the foregoing, Famly reserves the right to:
4.8.1. accept or reject your application to register for any reason; and
4.8.2. suspend your Account and/or refuse you access to the Services and/or App (partly or wholly) if you breach any of the provisions hereunder.
Formation and termination of contract
5.1. Your contract with Famly shall be formed at the time you commence your use of the App.
5.2. You may terminate your contract with Famly by contacting Famly at any time by email at email@example.com
5.3. Famly shall be entitled at its own discretion to discontinue the App and delete all Content at any time and for any reason whatsoever. In such event Famly shall notify you not less than 30 days prior to discontinuing the App. During such period of notice you should ensure that you have procured a copy of all Content that you own and that you require.
Your use of the app
6.1. You agree that you are solely responsible and liable for all activities carried out by your use of the App.
6.2. Subject to clause 6.3 and all other Terms, you may submit Content via the App.
6.3. You shall not submit any Content that, in Famly’ reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
6.3.1. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.3.2. harass or advocate harassment of another person;
6.3.3. display pornographic or sexually explicit material;
6.3.4. promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
6.3.5. promote any illegal activities;
6.3.6. provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
6.3.7. promote or contain information that you know or believe to be inaccurate, false or misleading;
6.3.8. engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Famly; or
6.3.9. infringe any rights of any third party.
6.4. You agree that Famly may, at its sole discretion, choose to remove any Content or any part of the same that you upload to the App.
6.5. You warrant and represent that you own or are licensed to use any and all copyright, patents, trade marks (whether registrable or non-registrable), designs, rights in databases, rights in software (including without limitation the source and object code) and all proprietary rights (“Intellectual Property Rights”) in all Content that you upload via the App.
6.6. Nothing in these Terms will serve to transfer ownership of the Content or the Intellectual Property rights therein to Famly. You hereby grant to Famly:
6.6.1. a non-exclusive, worldwide, perpetual, irrevocable licence to use your Content to the extent necessary for Famly to provide the Service; and
6.7. Famly grants you a non-exclusive, worldwide, perpetual, irrevocable licence to view the Content made available to you by your School. For the express avoidance of doubt, you shall make no other use of another User’s Content except with the express written consent of the User who owns such Content.
6.8. If you feel that any Content made available by another User is objectionable, please contact Famly using the contact details set out on the App. Famly shall use its reasonable endeavours to review the relevant Content as soon as is practicable and shall take such action as it deems necessary, if any at all.
6.9. You shall not use any cheats, exploits or hacks or any other unauthorised third party software designed to modify or interfere with the Service.
6.10. You further agree that at all times, you shall:
6.10.1. not use your Login Details with the intent of impersonating another person;
6.10.2. not allow any other person to use your Login Details;
6.10.3. not use the App or any information provided to you by Famly to engage in or promote any commercial activities, without the prior consent of Famly;
6.10.4. not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App or in respect of the network;
6.10.5. not infringe any rights of any third parties;
6.10.6. contact Famly at firstname.lastname@example.org if you consider any Content posted by another User to breach any of the Terms herein;
6.10.7. comply with all instructions and policies from Famly from time to time in respect of the Services and the App;
6.10.8. co-operate with any reasonable security or other checks or requests for information made by Famly from time to time; and
6.10.9. use the information made available to you on the App and through the Services at your own risk.
6.11. In the event that you have a dispute with any other User of the App, you hereby release Famly from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
Exclusion of warranties and limitation of liability
7.1. To the maximum extent permitted by applicable law the App is provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, current-ness, freedom from interruption, viruses or other defect, and non-infringement.
7.2. If Famly fails to comply with these Terms, Famly shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder. Subject to clause 7.4, if Famly’ failure to comply with its obligations is not remedied as in this clause 7.2, then Famly’ total liability for all losses, damages, costs, claims and expenses howsoever arising shall be limited to USD50.
7.3. Subject to clause 7.4, Famly shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:
7.3.1. consequential, indirect or special losses;
7.3.2. loss of profits, income or revenue;
7.3.3. loss of savings or anticipated savings, interest or production;
7.3.4. loss of contracts;
7.3.5. loss of opportunity or expectations;
7.3.6. loss of goodwill and/or reputation;
7.3.7. loss of opportunities;
7.3.8. loss of data; or
7.3.9. loss of management or office time
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.4. Nothing in these Terms excludes or limits Famly’ liability for:
7.4.1. death or personal injury caused by its negligence;
7.4.2. fraud or fraudulent misrepresentation; or
7.4.3. any other matter for which it would be illegal for Famly to exclude or attempt to exclude its liability.
7.5. Famly does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other Users. Famly therefore recommends that you take all safety precautions when contacting, socialising and engaging in social gatherings or meetings with other Users.
Intellectual property rights
8.1. Famly and its licensors own all the Intellectual Property Rights relating to the App.
8.2. You are expressly prohibited from:
8.2.1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the App; and
8.2.2. removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by Famly or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Famly or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to Famly.
8.3. Provided that Famly is unaware of any infringement of any third party intellectual property rights at the time you submit any Content, Famly shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or Famly.
Privacy and data protection
Privacy and data protection
10.1. Famly shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
10.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Famly’ reasonable control and includes in particular (without limitation) the following:
10.2.1. strikes, lock-outs or other industrial action;
10.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
10.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
10.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
10.2.5. impossibility of the use of public or private telecommunications networks; and
10.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
10.3. Famly’s sperformance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and Famly shall have an extension of time for performance for the duration of that period. Famly will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.
11.1. If you have reason to believe that any of the terms herein have been breached or you have a complaint, please e-mail Famly at: email@example.com or write to: Købmagergade 19, 2tv – 1150 Copenhagen K, Denmark. All notification and communication to Famly should be sent to the contact details provided herein.
12.1. If Famly fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
12.2. A waiver by Famly of any default shall not constitute a waiver of any subsequent default.
12.3. No waiver by Famly of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
12.4. For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.
12.5. Famly reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.
12.6. If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
12.7. These Terms and any document expressly referred to in them represent the entire agreement between you and Famly in respect of your use of the App, and shall supersede any prior agreement, understanding or arrangement between you and Famly, whether oral or in writing.
12.8. You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the App, the internet or in negotiation between you and Famly except as expressly set out in these Terms.
12.9. Famly reserves the right to amend these Terms without prior notice to you, subject always that such amendments shall be notified to you on the App.
12.10. These Terms are governed by and construed in accordance with Danish law. The Courts of Denmark shall have exclusive jurisdiction over any disputes arising out of these Terms.
Effective: October 2014