- DEFINITIONS AND INTERPRETATION
1.1 ‘Child Care Provider’ and ‘Child Care Service’ includes long day care, pre-schools, kindergartens, family day care, occasional care centres, before and/or after school care and vacation care. ‘Parent’ includes guardian and step-parent Site’ and ‘Website’ mean www.mychildcarecommunity.com.au.’You’ and ‘User’ means any individual or entity accessing this Site for any reason.
1.2 In this Agreement, unless the context otherwise requires:(a) reference to a person includes any other entity recognised by law and vice versa;(b) words importing the singular number include the plural number and vice versa;(c) words importing one gender include every gender;(d) any reference to any of the parties by the defined terms include that parties’ executors, administrators or permitted assigns or being a company its successors or permitted assigns;(e) references to currency are in Australian dollars.(f) headings are for convenience only and do not affect interpretation
- NO REPRESENTATIONS OR WARRANTIES
2.1 My Childcare Community does not provide any representations or warranties relating to the Carers or the service provided by the Carers. My Childcare Community provides a referral service only and background reference checks or investigations related to Carers or the service to be provided by the Carers are the sole responsibility of the Parent.
2.2 Any enquiries regarding the wages and conditions of Carers, or information regarding background reference check should be referred to the Child Care Provider concerned.
2.3 Further, My Childcare Community makes no representations or warranties as to the online availability of its website and database. My Childcare Community will not be responsible in any way for the availability of the website services and information.
2.4 My Childcare Community will not moderate any information posted by any User on the Website except for circumstances where information is drawn to the attention of My Childcare Community as inappropriate by a User.
3.1 The Booking Fee and/or Waitlist Fee is determined by each individual Child Care Provider and not My Childcare Community. The Carer’s fees are determined by, and payable to each individual Carer.
3.2 If you have a concern or dispute regarding:(a) The fees charged to you as a Parent; (b) the service provided by the Carer or Child Care Provider; or(c) the fees paid to you as a Carer, then you should direct those concerns to the relevant Child Care Provider.
3.3 If you have a concern or dispute regarding the Booking Fee and/or Waitlist Fee charged to you then the following procedures are to be followed:(a) If you paid the Child Care Provider directly (and this will be obvious at the time you made the payment) then you will need to contact the Child Care Provider direct. You should review the refund policy at the time of booking for the Child Care Provider or Agency representing the Carer you have selected as you will be bound by that policy. You acknowledge that My Childcare Community has no control or influence over this policy or its implementation and is unable to intervene in disputes on your behalf or accept any liability in respect of such policy.
- VENUE ONLY
4.1 mychildcarecommunity.com.au is a venue only and acts as a communications platform for enabling the connection between prospective employers of Carers (‘Parents’) and candidates seeking to provide child care services. My Childcare Community does not screen or censor the listings offered. My Childcare Community is not involved in the actual transaction between Parents and Carers. All users including both Parent and Carers do hereby represent, understand and expressly agree that My Childcare Community does not have control over the quality, timing, safety, legality or any other aspect whatsoever of the truth or accuracy of the information posted, the services delivered by the Carers, nor the integrity, or responsibility for any of the actions whatsoever of the Parents.
4.2 Both Parents and Carers acknowledge that there is no employee-employer relationship or independent contractor relationship between the Carers and My Childcare Community.
4.3 This Website provides a listing of Child Care Providers located throughout Australia. We do not represent that this Website provides a complete list of Child Care Providers in a particular area. This listing is a free information service for our Users only and these Child Care Providers have not been screened or endorsed by My Childcare Community. You should make your own enquiries before completing the waitlist application or using the services of any of the Child Care Providers listed on the Website, as My Childcare Community makes no representations about the accuracy of the information provided, or the quality or availability of the services they provide.
4.4 To qualify to be listed in our Directory Listings your business must be:
- located within Australia;
- suited to one or more of the website’s categories;
- regularly open to the public; and
- submitted by the business owner or authorised agent.
- We reserve the right to decline businesses that don’t meet the above criteria.
4.5 Photos and information privacy
- Photos make your listing more attractive and enable your business or event to be featured in our other marketing channels.
- When adding photos, please ensure:
- they are free from text, logos or marketing messages;
- they accurately represent your business or event;
- you own the copyright or have permission from the copyright owner;
- you have permission from any people that can be identified in the image;
- if children are identifiable, you have written consent from their parent/guardian they are taken in a lawful, fair and direct manner
4.6 The venues invited to be featured in our collection pay a monthly or annual membership fee. As part of this fee, there are many features which are sponsored including advertisements. There are many independent features which do not incur a cost including any reviews on our blog and any non-sponsored mention in our social media channels. We aim to keep a balance between providing a promotion service to the independent venues, and also ensuring that you get an honest representation of the venues featured.
5.1 It is noted that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons, or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through www.mychildcarecommunity.com.au.
5.2 All Users including both parents and Carers do hereby expressly agree not to hold My Childcare Community (or its agents, assigns, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the mychildcarecommunity.com.au Website and releases My Childcare Community from liability for any damages, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.
6.1 Legislative Background
6.1.1 The Privacy Act 1988 protects personal information about individuals handled by organisations. Personal information is information or an opinion that identifies an individual or allows their identity to be readily worked out form the information. It includes information such as a person’s name, address, financial information, marital status or billing details. Some personal information, including information about ethnicity, religion and health is considered to be sensitive.
6.1.2 You agree to allow My Childcare Community to collect personal information about you, including information that is considered to be sensitive.
6.2 Collection of data
6.2.1 In general, My Childcare Community automatically gather’s certain usage information like the numbers and frequency of visitors to our site. We only use such data in the aggregate. This collective data helps us to improve our service to you. We may also provide statistical (non-personal data) to our My Childcare Community partners and advertisers about how mychildcarecommunity.com.au visitors use this site.
6.2.3 In addition, our site’s registration form requires users to give us contact information (like their name, address, telephone, and email address). If a user engages a Carer via our site, then we will provide the user’s contact information to the engaged Carer and that Carer’s agency.
6.2.4 We also hold contact and personal information about Carers, and by providing your details to My Childcare Community, the Carer authorises My Childcare Community to pass on the personal information to Parents but not the contact information.
6.2.5 We may also use the information to send to Users information about our company and promotional material from some of our partners and/or advertisers. The contact information is also used to contact the user when necessary. Users may opt-out of receiving future mailings, or be removed from our database by contacting My Childcare Community.
6.2.6 Financial information that is collected is used to bill the user for services. All confidential credit card information required by the site is not read or saved by the Site.
7.3.1 Other than as stated above, we do not use or disclose information about your individual use of this site or your contact information to any outside companies.
7.4.1 My Childcare Community takes all reasonable steps to ensure the security of our systems. Any information which we hold for you is stored on secure servers that are protected in controlled facilities. In addition, our employees and the contractors who provide services relating to our information systems are obliged to respect the confidentiality of any personal information held by My Childcare Community. However, My Childcare Community will not be held responsible for any loss that may arise from unauthorised access to your personal information.
7.4.3 This site also contains links to other sites. My Childcare Community is not responsible for the privacy practices or the content of such Web sites.
7.4.4 My Childcare Community exercises all due care to ensure that your information is secure on its system, however, the possibility exists that this information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on mychildcarecommunity.com.au. My Childcare Community accepts no liability that may arise should any other individuals obtain the information you submit to this site.
- RELEASE FROM LIABILITY
8.1 The Parent covenants and agrees to release My Childcare Community, its successors and assigns, as well as its officers and agents, from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which they may have, or but for this Agreement would or might at any time hereafter have or have had against My Childcare Community in respect of, arising out of or resulting from the provision of any services to the Client by Carers or from any other cause relating thereto, including but not limited to, the negligent acts of the Carers.
8.2 The Carer release My Childcare Community, its successors and assigns, as well as its officers and agents, from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which they may have, or but for this Agreement would or might at any time hereafter have or have had against My Childcare Community in respect of, arising out of or resulting from the actions of My Childcare Community or the release of the Carer’s personal information on the Website.
8.3 The Carers agree that the My Childcare Community shall not be liable to the Carer or to any other person, for incidental or consequential losses, damages, or expenses, directly or indirectly arising from any action or omission by either a Parent, an Agency or My Childcare Community.
8.4 The Carer acknowledges that under no circumstances shall My Childcare Community be liable for the Carer’s fees.
8.5 My Childcare Community will make every attempt to publish true and accurate information, however we cannot guarantee that there will never be any errors or mistakes in published material. My Childcare Community does not accept any responsibility for the accuracy or completeness of any material contained in this site. Additionally, My Childcare Community disclaims all liability to any person relying wholly or partially upon any information presented in this site in respect of anything, and the consequences of anything, done or omitted to be done.
8.6 Our website contains links to venues that are not owned or controlled by My Childcare Community and are considered an “external website”. My Childcare Community assumes no responsibility for the content, privacy policies, or practices of the boutique websites or services. You acknowledge and agree that My Childcare Community shall not be responsible for any damage or loss caused or alleged to be caused by or relating to the use or reliance on any such content, goods or services available on or through any such Boutique. We strongly advise you to read the terms and conditions and privacy policies of any venues that you visit.
8.7 Venues are requested to advise us if there are any changes to their product range, however the venues are free to make changes to their product range including price, quality and quantity. These matters are outside the control of My Childcare Community and we accept no responsibility to any changes made by these external websites.
8.8 You indemnify My Childcare Community against each claim, action, proceeding, judgement, damage, loss, expense or liability incurred or suffered by, or brought, made or recovered against us in connection with any breach by you of these terms and conditions.
8.9 Any legal issues arising in relation to the use of this website will be dealt with under the laws of New South Wales, Australia. Illegal activity under those laws will be a violation of these terms, but as the website is accessible worldwide you should be aware that you could be prosecuted under the law of those jurisdictions.
- ADVERTISERS AND THIRD PARTIES
9.1 Third Party services and products either:(i) linked to this website; and/or(ii) advertised on this website are the responsibility of the third party and their inclusion on this website does not imply endorsement by My Childcare Community.
9.2 My Childcare Community is not responsible for the content of Third Party websites or advertisements and does not make any representations regarding the content or accuracy of materials on such Third-Party websites or advertisements. My Childcare Community will not be liable for any damages or loss arising in any way out of or in connection with any information or third-party service provided.
- GENERAL PROVISIONS
10.1 It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressed in it. Furthermore, it is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt with in it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument.
10.2 The invalidity or unenforceability of any provision of this Agreement shall not invalidate or render unenforceable the remaining provisions of this Agreement, but rather the void, illegal or invalid provision or provisions shall to the extent possible be severed from this Agreement and the remaining provisions shall continue in full force and effect, provided that the basic and underlying nature, purpose and intent of this Agreement is not materially altered.
10.3 The rights and obligations of the parties hereto shall not merge upon completion of any transaction contemplated by this Agreement but shall survive the execution and delivery of any instrument entered into for the purpose of completion.
10.4 This Agreement shall be governed by the laws of the state of New South Wales, Australia and the parties submit to the jurisdiction of the Courts within that State.
The material on this site, such as texts, graphics, images, html codes and other material (collectively the “Material”) are protected by Australian and international copyright Laws and remain the property of the site owned and operated by My Childcare Community. You may not sell or modify the Material or copy, reproduce, display, upload, distribute or otherwise use the Material in any way for any public or commercial purpose. You may download material from this site for your personal, non-commercial use provided you keep intact all copyright and other proprietary notices.
My Childcare Community reserves all intellectual property rights, including all content within the My Childcare Community. You may print single copies of any pages of this website for your own personal and non-commercial use but must not otherwise reproduce any material on this website in any form without the express written consent of My Childcare Community.
By joining My Childcare Community, our members give us the right to use any image on their website in an effort to highlight specific products and direct users back to their website. It is the responsibility of each boutique to ensure that they have the right to use and publish all images on their website. My Childcare Community will not be responsible for any copyright or trademark issues of images supplied to us from venues.
- NO GUARANTEES AS TO SERVICE
My Childcare Community does not warrant that the web site will operate error-free or that the web site and its server are free of computer viruses or other harmful mechanisms. My Childcare Community will not be responsible if your use of the site or of the Material results in the need for servicing or replacing of equipment or data.
- SITE USAGE
13.1 Users are prohibited from violating or attempting to violate the security of the Web site, including, without limitation:(a) accessing data not intended for such User;(b) logging into a server or account which the User is unauthorised to access;(c) attempting to test the vulnerability of a system or network or to breach authentication processes;(d) attempting to interfere with a service to any user, host or network by submitting a virus to the Website, ‘spamming’ overloading, ‘crashing’ or otherwise engage in conduct which causes a threatened or actual nuisance to Users or to the Website;(e) Sending unsolicited e-mail, including advertising or promotional material; or(f) Forging any TCP/IP packet header or any part of the header information in any e-mail or testimonial posting.
13.2 Users may not use the Website in order to post, transmit, distribute, store or destroy material:(a) in violation of any applicable law or regulation;(b) in a manner which will infringe the copyright, trademark or other intellectual property rights of others;(c) which violates the privacy, publicity or other personal rights of others;(d) that is defamatory, obscene, threatening, abusive, hateful or embarrassing to another User or any other person or entity; including, without limitation Carers or Child Care Services;(e) which comprises a chain letter or pyramid scheme;(f) which misleads or may mislead other Users of the Website or any other person or entity as to the true identity of the User posting, transmitting, distributing, storing or destroying the relevant material;(g) that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;(h) which may be likely to deceive any person;(i) which may infringe any copyright, or any intellectual property rights of any person;(j) which is used to impersonate any person, or to misrepresent your identity or affiliation with any person.
13.3 My Childcare Community values user feedback, and encourages parents to post testimonials, ratings and reviews on the Website about their experiences. You acknowledge and agree that:(a) The testimonials, reviews and ratings are a means of public and not private communication;b) My Childcare Community does not endorse any comments, opinions or reviews made by anyone on this Website, and we do not review their accuracy or content, but we can, in its absolute discretion edit, refuse to post, or to remove testimonials, ratings or reviews from the Website it deems inappropriate, objectionable or otherwise in breach of this agreement;(c) Any reviews posted must be factually true, and must be your genuine opinion based on actual first-hand experience;(d) You will not post a testimonial, review or rating if you have been offered or received a monetary or non-monetary reward or any other form of compensation for submitting a review,(e) You take full responsibility for the testimonial, rating or review, or comment that you submit, publish or post to the Site;(f) My Childcare Community can reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including your name, ideas for new or improved products and services) that you submit to the Site or by email to www.mychildcarecommunity.com.au.(g) You shall indemnify to www.mychildcarecommunity.com.au against all damages, losses and expenses incurred to mychildcarecommunity.com.au arising as a result of any material posted, submitted, or linked to our Site by You and subsequently published
13.4 My Childcare Community does not represent or guarantee the truthfulness, accuracy, or reliability of communications, testimonials, ratings or reviews posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other users will be at your own risk.