Terms & Conditions

Wangle Family Insites End User Licence Agreement

 

Permission to use Wangle Family Insites is conditional upon you agreeing to the terms set out below. Wangle Family Insites is offered to you on condition that you read and accept all the terms of this agreement and wish to become a user of the Wangle Family Insites service. By clicking “I Accept” at the end of these terms and conditions, you will be deemed to have accepted the terms and conditions of this agreement. If you do not wish to accept the terms, you must not click “I Accept” and you may not use Wangle Family Insites.

Wangle Family Insites is available for download and use in Australia and New Zealand only.

Terminology

In this agreement the expressions "we", "us" and "our" are a reference to Wangle Technologies Limited ACN 096 870 978 and Wangle Operations Pty Ltd ACN 611 354 208 and include a reference to each of their directors, officers, employees, affiliates, agents, contractors or licensors.

The expressions "you" and "your" refer to the primary individual accessing, downloading, installing or using Wangle Family Insites, and unless otherwise indicated includes any other secondary individuals accessing, downloading, installing or using Wangle Family Insites with the permission of the primary individual or via or through the primary individual’s device(s) (Authorised Persons).

The parties acknowledge that this agreement is entered into by you both in your personal capacity and as agent for and on behalf of each of the Authorised Persons jointly and severally and that each right and obligation of you and the Authorised Persons under this agreement is held by and may be

performed by you and enforced against you in one or more of those capacities. In addition, you warrant that you have obtained the irrevocable consent of any and all Authorised Persons to enter into this agreement on their behalf.

Recurring Subscriptions, Payments & Cancellations

When you sign-up to Wangle Family Insites, we will commence charging you for your paid subscription (including any taxes as applicable) on a RECURRING MONTHLY BASIS via the payment method agreed to on sign-up to the Wangle Family Insites service UNTIL CANCELLATION

OF THE SUBSCRIPTION. We may vary the subscription fees at any time by providing you with at least 30 days' notice to your Account email address. If you do not agree with the varied subscription fee you may cancel your Account.

Wangle Family Insites

Wangle Family Insites is an application you can use on your device that you own and control, and devices owned or controlled by Authorised Persons, all of which must be no older than 24 months (Devices).

To use Wangle Family Insites and connect to the Wangle Family Insites Service, you must:

(a) download Wangle Family Insites onto your Device(s);

(b) set up your account by visiting the Wangle Family Insite's website via the sign link on your App by (Website), clicking on 'sign up', selecting your region (Australia or New Zealand) and subscription type, entering your personal details, email account and payment details and selecting a password

(Account). You will be sent an email containing a link, click on the link to activate your Account;

(c) open Wangle Family Insites on your Device(s), and log in using your Account email address and password; and

(d) click on 'register device'.

Licence

We grant you a non-transferable, non-exclusive, revocable licence for the Term to install and use

Wangle Family Insites on your Device(s):

(a) solely for your own personal use on one Device and the personal use of Authorised Persons’ on other Devices (if any);

(b) within your Account region only (being Australia or New Zealand); and

(c) in accordance with this agreement.

Your obligations

You will:

(a) only download and use, or allow the downloading and use of, Wangle Family Insites from within your Account region (Australia or New Zealand) and in accordance with the licence granted to you under this agreement;

(b) supervise and control the use of Wangle Family Insites in accordance with this agreement;

(c) ensure that Wangle Family Insites installed is updated to the latest version at all times;

(d) be responsible for all data charges you incur through use of Wangle Family Insites; and

(e) remove Wangle Family Insites from the Device if you sell, or any Authorised Person sells, any

Device to a third party, in respect of all Devices.

You agree that you will not:

(a) use any version of Wangle Family Insites that is not the current version unless specifically authorised by us in writing;

(b) copy, reproduce, translate, adapt, vary, disassemble, decompile or modify Wangle Family Insites without our express consent, except as expressly authorised by this agreement or Pt III Div 4A of the Copyright Act 1968 (Cth);

(c) provide or otherwise make available Wangle Family Insites in any form to any person without our written consent;

(d) circumvent or remove any technological protection measure, copy protection measure, security system or any use restriction device in Wangle Family Insites;

(e) remove, alter or add to any copyright notice or similar marking on Wangle Family Insites;

(f) use Wangle Family Insites for any illegal or unauthorised purpose or interfere or disrupt Wangle Family Insites or servers or networks connected to Wangle Family Insites, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature; or

(g) use, sublicense, lease or rent Wangle Family Insites for or in connection with a third party, including as a service bureau, time share facility, outsourcing or otherwise.

Documentation

The licence extends to any accompanying documentation. The documentation may not be copied, 1``modified or used in any way not contemplated or expressly authorised by this agreement.

Disclaimer

We do not guarantee that you will be able to enjoy uninterrupted or error-free access to Wangle Family Insites. Wangle Family Insites is licensed on an “as is” basis and is subject to change without notice. Although it is our intention for Wangle Family Insites to be available as much as possible during the Term, there will be occasions when access to or use of Wangle Family Insites may be interrupted, for example for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We are not a backup service and you agree that you will not rely on Wangle Family Insites for the purposes of content backup or storage. We will not be liable to you for any replacement modification, suspension or discontinuation of Wangle Family Insites, or the loss of any data or content. You also acknowledge that the internet may be subject to breaches of security and that the submission of data or content or other information may not be secure.

Confidentiality

Wangle Family Insites and documentation is our confidential information. You must keep that information secure and only use it for the purpose for which it was licensed to you and not disclose that information except as required by applicable Australian or New Zealand law. This confidentiality clause does not apply to information that is in, or enters, the public domain through no fault of yours. You acknowledge that damages may be inadequate compensation for a breach of this clause and, subject to the relevant court’s discretion, we may restrain by an injunction or similar remedy, any conduct or threatened conduct that is or would be a breach of this clause. These confidentiality obligations survive the expiry or termination of this agreement.

Privacy

Your use of Wangle Family Insites must comply with applicable privacy laws and our Privacy Policy, which is linked here: http://wangletechnologies.com/corporate/privacy-policy/

Consent to use data

You agree that we may collect and use technical data and related information from time to time for any reason permitted by our Privacy Policy and by law including to help us to provide software updates, product support and other services to you (if any) related to Wangle Family Insites. Examples of the data we may collect and use include technical information about your Device(s), system and application software and peripherals. You agree that we may use this information, as long as it is in a form that does not personally identify you, for any reason permitted by our Privacy Policy and by law including to improve our products or to provide services or technologies to you. 

Third party materials

You agree that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and, to the full extent permitted by law, will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third party materials in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you.

Third party terms

In this section, "Google" refers to Google Inc. with principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States and "Apple" refers to Apple Inc. with principal place of business at 1 Infinite Loop, Cupertino, California, USA, 95014. This agreement is between you and us only and you agree that:

(a) Apple and Google have no responsibility for Wangle Family Insites or its contents;

(b) Apple and Google have no responsibility whatsoever to furnish any maintenance and support services for Wangle Family Insites;

(c) Apple and Google have no responsibility for any warranties (whether express or implied) or claims, whether brought by you or by third parties, relating to or arising from supply of Wangle Family Insites (including Wangle Family Insites liability claims, claims that Wangle Family Insites fails to conform with any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation);

(d) Apple and Google have no responsibility for the investigation, defence, settlement and discharge of any third party intellectual property infringement claim in respect of the contents of Wangle Family Insites; and

(e) Apple and Google and each of its subsidiaries are third party beneficiaries of this agreement and, upon your acceptance of this agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this agreement. You also represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Consumer guarantees

You may have rights under the Australian Consumer Law and in New Zealand under the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ) to certain statutory guarantees in relation to Wangle Family Insites (Consumer Guarantees) that are not limited or adversely affected by any disclaimer of warranties or limitation of liability set out in this agreement. These Consumer Guarantees include guarantees as to merchantability, fitness for purpose, supply by description, repairs and title.

If the supply of Wangle Family Insites is the subject of a Consumer Guarantee, our liability in Australia is limited to:

(a) a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage; and

(b) the repair or replacement of Wangle Family Insites if it fails to be of acceptable quality and the failure does not amount to a major failure.

In New Zealand our liability is strictly limited to the remedies that may be awarded under the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ).

Limitation of liability

Nothing in this clause affects your rights under the Australian Consumer Law or in New Zealand under the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ). You agree that:

(a) except as required of us under the Consumer Guarantees, we provide no other warranty, guarantee or assurance, express or implied, to you in relation to Wangle Family Insites supplied to you, and you agree and acknowledge that it is fair and reasonable for us to do so; and

(b) to the fullest extent permitted by law, your use of Wangle Family Insites is at your sole risk and our liability for a breach of any condition, warranty or term of this policy that is not a breach of a Consumer Guarantee is limited in the following way:

(i) we are not liable (whether in negligence or otherwise) to you in relation to such breach for any indirect or consequential loss, loss of profit revenue or anticipated savings, business interruption, loss of chance or business opportunity, loss of or damage to goodwill or reputation, claims by a third party for liquidated sums or damages under any agreement, or loss of production or operating time (even if you have advised us of their possibility); and

(ii) any right or remedy conferred on you in relation to any such breach is limited to the resupply or removal of Wangle Family Insites to or from your Device(s).

Trademarks and copyright

(a) "Wangle" and the Wangle logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

(b) You acknowledge that Wangle Family Insites and related documentation (including all copies or portions of them) are the subject of copyright. You do not acquire any right, title or interest in or to Wangle Family Insites or related documentation except as expressly provided for in this agreement. You will not during or any time after the expiry or termination of this agreement permit any act which infringes that copyright and you specifically acknowledge that you may not copy, modify, rent, lease, loan, sell, distribute Wangle Family Insites, or create derivative works based on Wangle Family Insites, except as otherwise expressly authorised or acknowledged by this agreement.

(c) You indemnify us fully against all liabilities, costs and expenses that we may incur to a third party (including any and all Authorised Persons) as a result of your breach of the copyright provisions of this agreement.

(d) In the instance of a suspected, threatened or actual breach of intellectual property laws, notwithstanding any other provision of this agreement, we reserve the right to change, suspend, remove or disable access to Wangle Family Insites at any time without notice. In no event will we be liable for making these changes. We may also impose limits on the use of or access to certain features of Wangle Family Insites, in any case and without notice or liability.

(e) You acknowledge that you own, or undertake that you are authorised to use any intellectual property in any data or content you, store, use, download, share or otherwise transmit to or from Wangle Family Insites.

Delivery and acceptance

Wangle Family Insites and documentation (including this agreement) are deemed to be accepted by you upon download by you.

Term and termination

(a) This agreement commences upon the date you download Wangle Family Insites and continues until it is terminated by either us or you (Term).

(b) You may cancel your subscription and terminate your Account at any time by uninstalling Wangle Family Insites from your Device(s). Upon cancellation of your subscription, you agree to ensure that all Authorised Persons uninstall Wangle Family Insites from all Devices. You will also be required to terminate your Wangle Family Insites subscription within either Google Play or iTunes to cancel your membership.

(c) The agreement and your Account may be immediately terminated by us in the following circumstances:

(i) if you are in breach of any term of this agreement;

(ii) if you assign or novate the agreement to someone else without our prior written consent;

(iii) if you sell your Device(s) to a third party, and you do not remove Wangle Family Insites from the Device(s) before doing so; or

(iv) if you uninstall Wangle Family Insites and destroy the documentation for any reason.

(d) Upon termination:

(i) you remain liable for all amounts due under your Account up to and including the date of termination; and

(ii) you must destroy any remaining copies of Wangle Family Insites and documentation or otherwise return, dispose of or mark generally inaccessible such material in the manner directed by us.

(e) Termination of this agreement by us will not affect any rights or remedies that we may have otherwise under this agreement or at law.

(f) Without limiting any other indemnity you provide under this agreement, you indemnify us against any claims arising out of your breach of this agreement.

Verification

You will permit us and our auditors reasonable access to your records and systems during normal business hours to verify that Wangle Family Insites and documentation is being used in accordance with these terms. You will provide all assistance necessary for us to exercise our rights under this verification clause.

Assignment

The benefit of this agreement will not be dealt with in any way by you (whether by assignment, sublicensing, novation or otherwise) without our prior written consent.

Severability

If any provision of this agreement is held unenforceable or illegal for any reason, the agreement will remain otherwise in full force apart from the provision that will be deemed deleted. 

Waiver

Failure or neglect by either party to enforce at any time any of the provisions of this agreement will not be construed or deemed to be a waiver of that party's rights under this agreement.

Governing law

This agreement will be governed by and construed according to the law of Western Australia and the parties submit to the jurisdiction of the courts of Western Australia.

Updated terms

We reserve the right to change the terms of this agreement (Updated Terms) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on Wangle Family Insites, and that your use of Wangle Family Insites after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review this agreement and any Updated Terms before using Wangle Family Insites. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of Wangle Family Insites from that point forward.

Notices

We may notify you with respect to Wangle Family Insites by sending an email to your Account email address or a letter via postal mail to your Account mailing address, or by posting on Wangle Family Insites. Notices will become effective immediately.

Wangle Technologies “Family Insites” and the Telethon Kids Institute

Participant Information Form 


What is the research project involving Family Insites and the Telethon Kids Institute about?

“Family Insites” is a family protection software app (available on iOS and Android devices) developed by Wangle Technologies. The software will provide users, specifically parents/carers with children/adolescents, with an app that has the ability to monitor activity on devices such as mobile phones and tablets being used by family members. When risky activities on children’s and adolescents’ devices occur, such as browsing inappropriate websites, parents/carers will be alerted by a pop-up notification on their mobile and be provided with advice and information about how to address this. 

Family Insites app will also provide users with additional information and advice, such as links to websites that can help parents/carers have open discussions about these behaviours with their children. The Family Insites software is available to Australia only, with future development expanding worldwide.

Wangle Technologies is working with the Telethon Kids Institute to share with parents’ permission some of the information (de-identified) collected in Family Insites. The data collected will help the Telethon Kids Institute to understand what young people are doing online and to identify changes in children and adolescent’s online behaviour. For example, Telethon Kids Institute learns about the types of apps that young people are currently downloading; at what age and how often; and for how long each session they are using these apps. This information is important to the Telethon Kids Institute so researchers can identify safer ways to support young people in online environments.

What happens to my data when I subscribe to Family Insites?

When subscribing to Family Insites, you are agreeing to allow Telethon Kids Institute to access the de-identified data from devices that you (as the main subscriber/account holder) are monitoring i.e. your children’s devices by having Family Insites app installed. The de-identified data does not include any personal information that identifies any user in any way.  You are encouraged to have a discussion with your family about Family Insites and how their de-identified information will be used for research before continuing with your subscription to Family Insites. To see a full list of data the Telethon Kids Institute wishes to collect for research, please see the “Behavioural Data and Information Collected” table below.

Consenting to have these dataused for research is entirely voluntary. If you do not wish to share this data, please email Wangle Technologies at support@wanglefamilyinsites.com. You are free to decline without explanation or justification. Following this, your subscription will continue and no data from any device with Family Insites installedwill be shared for research with the Telethon Kids Institute.In other words, you may still subscribe to Family Insites without sharing yours or any device’s data for research.

Is the information or data collected about me kept private?

The Telethon Kids Institute is committed to protecting the privacy and confidentiality of your information. To ensure the privacy and confidentiality of the information collected through Family Insites is protected, the Telethon Kids Institute:

  • Will only have access to data and information that does not identify you or any members who are using Family Insites in any way. This is called de-identified data and means the researchers at the Telethon Kids Institute are not able to tell who the data or information belongs to.  This includes no access to names, addresses, contact numbers or billing information
  • Will not have access to any personal content. This mean we cannot read any messages (including text messages, emails and messages within apps), posts or comments made by any user with Family Insites installed on their device
  • Will only allow investigators and researchers associated with the Family Insites and the Telethon Kids Institute “Project Agreement” to have access to the de-identified data
  • Will ensure all project members of Family Insites and the Telethon Kids Institute Project Agreement have signed a confidentiality agreement 
  • Will store all user data and information at the Telethon Kids Institute using password protected files  
  • In accordance with the University of Western Australia guidelines, project records and electronic data will be stored for a minimum of 7 years after publication or project completion, or until the youngest participating user/child has reached 25 years of age, whichever is later, after that time it will be destroyed.

What if I change my mind about being in the research project?

If you do not wish to share any data (from any device that has Family Insites installed) with Telethon Kids Institute, at any point from the time you subscribe onwards, please email Wangle Technologies at support@wanglefamilyinsites.com. Your data and any device with Family Insites installed will not be used for research once Wangle Technologies have acknowledged your email request. You are encouraged to have a discussion with your family members about Family Insites and how their de-identified information will be used for research prior to unsubscribing. 

Consenting to have these dataused for research is entirely voluntary. Should you no longer wish to share this data, you are free to withdraw at any time without explanation or justification by contacting Wangle Technologies at support@wanglefamilyinsites.com. Following this, any data from devices with Family Insites installedwill no longer be used for research from the time of acceptance. Unfortunately any previous data that has been collected by Telethon Kids Institute can no longer be removed as the data are de-identified and there is no way to identify which data are connected to your accounts.

What are the possible benefits of this research project?

The data collected will help the Telethon Kids Institute to understand what young people are doing online. This information can be used to develop and research ways to improve the online safety and health and wellbeing of young people in online environments, and also help parents and carers to support their children in online environments.

Are there any risks in participating in this research project?

Parents/carers will be alerted and notified of any risky behaviour conducted on their child’s device through Family Insites. Family Insites has developed advice and guidelines with additional links and online resources to support parents having discussions with their children about their behaviour. Additional support services will also be available to access should parents require further support from a service professional.

How can I find out about the research findings?
Research findings will also be made available to Family Insites subscribed users and the wider community through such strategies as:

  • Oral presentations (e.g., conferences)
  • Summary of results on the Telethon Kids Institute and Wangle Technologies website
  • Media (e.g. newspaper and magazine articles)
  • Writing of journal articles and/or book chapters
  • Advertising of Family Insites through across Australia

Behavioural Data and Information Collected

The information that will be provided to the Telethon Kids Institute by Wangle Technologies and also available to you as a parent using Wangle Family Insites app is outlined below:

How is it collected?

What is collected?

More information

App

Time of use

Overall times of use (time of day)
i.e. A list of the times that the device is used per day

Number of times being used per day

App

Duration of use

Overall use per day

Time spent using each app/website

App

Uploads

Number of uploads per day

Size of uploads per day (per app) e.g. kb, mB or gigabytes

App

Downloads

Number of downloads per day

Volume of downloads per day (per app)

App

Type of App or Website used

Social Networking Sites/Apps used

Gaming Sites/Apps used

Adult/Mature Content Sites/Apps used

App

Signup to service

Identifies when a user has signed up to a specific service, whether on a website or within an app

App

Type of Connection

Wi-Fi vs. 3G/4G

Duration of each type of connection used per day

 

App

App usage

New apps

Unused/deleted apps

Sessions per app (the number of times the user actively opens/uses the app per day)

App

In app activity

Number of interactions (posts, submitting of information, i.e. Facebook, Instagram posts & comments) – this does not include the words or images used only the number of times the interaction has occurred

Subscription

Profile/User information per device

Postcode
Gender

Number of devices

Number of users/profiles

Date of birth

Device type (mobile, tablet, iPod)


What if I have questions or concerns?

If you have any questions or concerns about the information provided in this Participant Information Form, please email Professor Donna Cross on familyinsites@telethonkids.org.au for further information or clarification.

Research Approval

Approval to conduct this research has been provided by the University of Western Australia with reference number RA/4/1/9233, in accordance with its ethics review and approval procedures.  Any person considering participation in this research project, or agreeing to participate, may raise any questions or issues with the researchers at any time.  In addition, any person not satisfied with the response of researchers may raise ethics issues or concerns, and may make any complaints about this research project by contacting the Human Ethics office at UWA on (08) 6488 4703 or by emailing to humanethics@uwa.edu.au. All research participants are entitled to retain a copy of the Participant Information Form relating to this research project.

Wangle Technologies “Family Insites” and the Telethon Kids Institute 

Participant Consent Form

I have read the information provided and any questions I have asked have been answered to my satisfaction. I have discussed this with family members who will have Family Insites installed on their device. I, and all members agree to participate in this research project by allowing our de-identified data be used for research, realising that I may unsubscribe at any time without reason and without prejudice. I understand that given I am the main subscriber /account holder of Family Insites, if any users who have Family Insites installed do not consent for their data to be used for research, I am to withdraw on their behalf by contacting Wangle Technologies on at support@wanglefamilyinsites.com. 

Contact for further information:
If you would like to discuss any aspect of this project with a member of the research team, please contact Rebecca Nguyen on (08) 9489 7601 or email familyinsites@telethonkids.org.au

Approval to conduct this research has been provided by the University of Western Australia with reference number RA/4/1/9233, in accordance with its ethics review and approval procedures.  Any person considering participation in this research project, or agreeing to participate, may raise any questions or issues with the researchers at any time.  In addition, any person not satisfied with the response of researchers may raise ethics issues or concerns, and may make any complaints about this research project by contacting the Human Ethics office at UWA on (08) 6488 4703 or by emailing to humanethics@uwa.edu.au. All research participants are entitled to retain a copy of any Participant Information Form and/or Participant Consent Form relating to this research project.