MyWish – End User Licence Agreement

The MyWish App is designed to support wish children aged 6-9 in the early stages of their “Wish Journey” with us. We have developed the MyWish App with our partners: The Walt Disney Company Australia and New Zealand (creativity experts), Professor Lea Waters, AM, PhD (psychology expert) and Two Moos (digital specialists). We'd also like to acknowledge the work done by Christopher Peterson, PhD and Martin E. P. Seligman, PhD, in their book Character Strengths and Virtues: A Handbook and Classification, where they explore a multitude of character strengths. The reference for the book is: Peterson, C., & Seligman, M. E. P. (2004). Character strengths and virtues: A handbook and classification. New York: Oxford University Press and Washington, DC: American Psychological Association.

In the MyWish App, children create their own avatar and become space explorers, embarking on an adventure through time and space leading up to their “Wish Capture” visit. Children can complete a range of pre-wish missions that help them begin to imagine the possibilities of their wish and capture their ideas in playful and creative ways.

When you accept this EULA, Make-A-Wish grants to you and your child a licence to access and use the MyWish App in accordance with this EULA.

When you allow your child to use the MyWish App:

• you acknowledge and agree that you will be responsible for supervising your child’s use of the MyWish App; and
• you agree that you are responsible for the acts and omissions of your child in connection with the MyWish App and this EULA, as if they were your acts and omissions.

To use the MyWish App, we may require you to create a user account (or we may provide you with other instructions that allow us to restrict the use of the MyWish App only to authorised “Wish Journey” participants).

You must keep your password and/or access information secure and confidential at all times and you must not disclose your password or access information to anyone else. We may introduce new security features to make the MyWish App more secure, such as two-step authentication, and we may require you to use those new security features.

If you believe that your user details or the device that you use to access the MyWish App have been lost or stolen (or you become aware of any unauthorised use of your MyWish account or the MyWish App), you must take each of the following steps:

• reset your password (if we have required you to create a password); and
• notify us immediately at: [email protected]

Where we think there has been unauthorised access to personal data inside your MyWish account, we will let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and if required by law, we may need to report the unauthorised access to relevant government authorities and the individuals whose personal information may have been compromised.

For you or your child to be eligible to use the MyWish App, your child must be participating in a Make-A-Wish “Wish Journey”.

Your right to access and use the MyWish App is personal to you and is not transferable by you to any other person or entity (except to the extent required for you to allow your child to use the MyWish App). You and your child are only entitled to access and use the MyWish App for lawful purposes. In particular, you must not (and you must ensure that your child does not):

• use the MyWish App in any manner that is illegal or violates any applicable law or regulation;
• attempt to circumvent or disable the MyWish App or any technology features or measures in the MyWish App by any means or in any manner; 
• attempt to modify, copy, adapt or reproduce any part of the MyWish App except as necessary to use it for normal operation;
• attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the code for the MyWish App or any technology features or measures in the MyWish App; 
• distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose the MyWish App to any third party (except as expressly permitted under this EULA);
• remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the MyWish App or used in connection with the MyWish App; 
• attempt to undermine the security or integrity of the MyWish App; 
• use, or misuse, the MyWish App in any way which may impair the functionality of the MyWish App or other systems used to deliver the MyWish App or impair the ability of any other user to use the MyWish App; 
• attempt to gain unauthorised access to any materials, other than those to which you have been given express permission to access; or
• transmit, input into or otherwise use with the MyWish App, any files that may damage any other person's device or software, content that may be offensive or material or data in violation of any law (including any content protected by copyright or trade secrets which you do not have the right to use).

Use of the MyWish App will be available through a compatible mobile device or tablet, and will require the use of the internet, network access and certain types of software on your device. You agree that you are solely responsible for these requirements, including any applicable changes, updates, maintenance and fees as well as the terms of your agreement with your device and telecommunications provider.

While we try our best to make sure that content made available through the MyWish App is correct, you acknowledge that the MyWish App may make content available which is derived from a number of sources, for which we are not responsible. Except as otherwise expressly set out in this EULA and to the maximum extent permitted by law, we make no representation, warranty or guarantee as to:

• the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content in the MyWish App;
• the MyWish App being free of any viruses or other code or software that may contaminate, infect, corrupt, destroy or otherwise adversely affect any other software or operating system on any device used to access or use the MyWish App; or
• the future performance of any upgrades made to the MyWish App.

The operation of the MyWish App is dependent on telecommunications services, computer networks and the internet, which can be unpredictable and may from time to time interfere with the use of the MyWish App. In addition, Make-A-Wish does not control these telecommunications services, computer networks and the internet services that are required to access the MyWish App from your device. Accordingly, we not responsible for the security of any information that you choose to communicate with Make-A-Wish or the MyWish App while it is being transmitted (or for any information lost during transmission).

This EULA will continue to apply until terminated by either you or Make-A-Wish as set out below.

We may, at any time, terminate our legal agreement under this EULA with you if:

• your child is no longer participating in a “Wish Journey” with us;
• you or your child have breached any provision of this EULA;
• if Make-A-Wish, in its sole discretion, believes it is required to do so by law; or
• for any reason and at any time by giving you 10 days’ prior written notice.

We may also temporarily suspend access to the MyWish App if we suspect that it is being used in connection with unauthorised, fraudulent or unlawful activities or that the security of your MyWish account has been compromised.

You may cancel your MyWish account at any time by emailing [email protected]

This EULA is governed by and must be construed in accordance with the laws in force in Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to this EULA.

Any failure or delay by Make-A-Wish to exercise any right conferred by this EULA will not be considered as a waiver of those rights.

Any provision of this EULA that is held to be invalid or unenforceable in any jurisdiction must:

• to the extent it is capable of being read down in that jurisdiction, be read down in that jurisdiction to the minimum extent necessary to achieve validity or enforceability in that jurisdiction; and
• to the extent not capable of being read down in that jurisdiction, be severed from this EULA in that jurisdiction,

without invalidating or affecting the remaining provisions of this EULA or the validity or enforceability of that provision in any other jurisdiction.