Terms & Conditions

Terms & Conditions Of Use

These terms and conditions, together with KindiCare’s Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the KindiCare platform (of websites, apps and other platforms operated or controlled by KindiCare entities (“KindiCare Platform”) (“Conditions”) govern your use of and access to the KindiCare Platform. If you browse or otherwise access any content or data on the KindiCare Platform, you agree to be bound by these terms & conditions.

We reserve the right to change any or all of our terms of use or other conditions for using our platform at any time by publishing the new terms or conditions on our website.  Your subsequent or continued use of the KindiCare Platform will constitute your acceptance of any changes and acceptance of those terms. If you object to any changes to the Conditions or other notices on our platform your sole remedy is to immediately discontinue your use of the KindiCare Platform.

These terms and conditions of use were last updated in March 2021.

The KindiCare Platform

While we use reasonable endeavours to ensure that the KindiCare Platform is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the KindiCare Platform may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, app, feature or service (or part thereof) on the KindiCare Platform at any time.

We do not warrant that content, links, or subdomains contained on, or associated with the KindiCare Platform will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our website at any time without prior notice to you. We do not warrant that any links that you provide will remain constant at the time that you provide or share them on the KindiCare Platform, as they are subject to change at any time without notice to you.

Information on our platform and in any websites or apps operated or controlled by KindiCare should not be regarded as a substitute for professional legal, financial, education or childcare advice.

KindiCare is responsible for maintaining the KindiCare Platform and makes no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our platform by or on behalf of KindiCare, and any Third Party Content on our website) and KindiCare and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from the KindiCare Platform.

Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on the KindiCare Platform at any time without providing notice to you.

Acceptance of the Conditions

We provide our services, being the supply of information relating to childcare providers and centres enabling users to search for, compare, enquire and apply for childcare services and enabling communication between you and those childcare providers and centres and services (the “Services”) subject to the Conditions. Before you browse or use the Services, it is important that you read, understand, and agree to the Conditions.

In using the Services, clicking a box to agree to the Conditions, or registering to use the Service, you agree to be bound by the most current version of the Conditions published on the KindiCare Platform. If you do not accept the Conditions, you must refrain from using the Services.

You may not accept the Conditions if you are not of legal age or capacity to form a binding contract with us.

You should print or save a local copy of the Conditions for your records.

Membership

In order for us to provide certain functions of the Services to you or to access certain content available on the Services (and the ratings provided by us in respect of childcare centres (“Ratings”), (“Reviews”) and (“Content”), you must complete your registration details as described on the Service and agree to the Conditions.  When registering as a member, you must create a username and password and provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information.  We will treat your personal information strictly in accordance with our Privacy Policy.

You must not register as a member multiple times, being more than one time.

You must not impersonate or create a membership for any person other than yourself for the purpose of becoming a member.

We may at any time request a form of identification to verify your identity.

You must ensure the security and confidentiality of your membership details, including your username and password. You are wholly responsible for all activities which occur under your membership details. You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.

We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the KindiCare Platform without notice to you, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.

You further agree to:

a) allow KindiCare to collect information, on your behalf, using your credentials on Third Party platforms;

b) authorise us to use your information in accordance with our Privacy Policy;

c) provide your information to Third Parties in accordance with the Conditions to provide the Services.

Right to use Services

The Services are licenced, not sold, to you. Subject to your continued compliance with the terms and conditions of the Conditions, we grant you a limited non-exclusive, non-transferable, non-sub licenceable, revocable right to access and use the Services (including Content) solely in accordance with the terms set out in the Conditions during the term for your lawful internal, non-commercial business purposes (and not for redistribution) and for no other purpose.

Your general obligations

You may only use the Services in accordance with the Conditions, any directions given by us (acting reasonably), and with all laws and regulations applicable to you, and for lawful purposes.

In accessing the KindiCare Platform or using our Services, you must not, nor cause or permit any other person to:

a) use the Services in a manner or for a purpose which is improper, immoral or fraudulent, which infringes any person’s rights (including Intellectual Property Rights), violates the Conditions, or which restricts or interferes with the provision of the Services by us to any other user;

b) use any device, software, process or means to interfere or attempt to interfere with the proper working of the Services on the KindiCare Platform;

c) use any automated device, software, process or means to access, retrieve, scrape, or index our platform or any content on our website, including childcare centre information, Ratings, Reviews or contact information;

d) alter, modify, adapt or copy the whole or any part of the Services;

e) reproduce, duplicate, sell, exploit, decompile, dissemble, reverse engineer, enhance, alter or otherwise interfere with the whole or any part of the Services;

f) remove or obscure any copyright, trademark or other proprietary notice on the Services;

g) enter into any transaction relating to access or use of the Services with a party other than us, without our prior written consent;

h) attempt to disable or circumvent any security or other technological measure designed to protect the Services or users;

i) undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;

j) attempt to gain unauthorised access to the Services, computer systems or networks connected to the Services, through hacking, password mining or any other means; or

k) use the Services for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature or use any mechanism, device, software or script to affect the proper functioning of the Service;

l) use the KindiCare Platform (or Content obtained from the KindiCare Platform):

  • to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, surveys, instant messaging, “spimming,” or “spamming” or other mass messaging, whether in commercial nature or not;
  • to impersonate any person or entity;
  • to solicit money, passwords or personal information from any person;
  • to harm, abuse, harass, stalk, threaten or otherwise offend others; or
  • for any unlawful purpose;

At all times you must:

a) be honest and faithful in all your dealings;

b) not engage in any unsound, unethical or improper business;

c) provide full and correct information to us, and provide truthful explanations to us, in all matters relating to the Conditions;

d) ensure at all times that your conduct does not bring any discredit on us or cause any nuisance or disruption to us;

e) immediately notify us if you become aware of any malfunction of the Services or any breach of the Conditions.

Restricted Use

You are authorised to reproduce any Content available on or accessible from the Services for personal, non-commercial use only. In this clause “non-commercial use” means you are not allowed to publish or sell any part of the Content or grant others access to the Content.

You must not, without our prior written approval, on-sell Content obtained from the Services.

You agree to use the Content for lawful purposes only.

In accessing or using the KindiCare platform, you further agree that you will not:

(a) use or index any content or data on the KindiCare Platform for purposes of:

(i) constructing or populating a searchable database of childcare providers, childcare centres or childcare services,

(ii) building a database of childcare providers, childcare centres or childcare services and related information; or

(iii) compete with us in any manner that we have not specifically authorised;

(b) use any automated device, software, process or means to access, retrieve, scrape, or index our platform or any content on our website, including childcare centre information, ratings, reviews or contact information;

(c) modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Services including code and software. You must not use the Services for any purpose that is unlawful or prohibited by the Conditions.

(d) You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Services for establishing, maintaining, advancing or reproducing information contained on the Services on your own website or in any other publication, except with our prior written consent.

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

Involvement among users and third parties

You acknowledge and agree that with respect to all interactions among users of the Services:

a) we do not have any involvement in the contractual engagement process between you and any other users or third parties (including childcare centres introduced or located by you using our Services) (“Third Parties”);

b) you are responsible for carrying out your own due diligence about other users or third parties, and forming your own judgment about such other users or Third Parties;

c) we are not responsible for the terms of any agreement between you and other users or Third Parties;

d) no user or Third Party (or its personnel) is our employee or agent and we assume no responsibility for any act or omission of that user or any of its personnel;

e) we are not responsible for resolving any dispute between you and other users or Third Parties; and

f) you are responsible for all activities that occur under your account on the Services, and you are liable for the acts, defaults, and omissions of any person who accesses your account on the Services, as if they were acts, defaults, or omissions by you.

Content

All Content (and in particular the Ratings) is provided by us or by others in good faith. You accept that the Content provided by us is general information, or derived from general information, and is not in the nature of advice. We have derived the Content from sources, which we believe to be accurate and up to date as at the date of publication.

We make no representation about the accuracy, completeness or usefulness of the Content or its fitness for any particular purposes, nor do we undertake to keep the Content up to date at all times.

Where there is Content provided by others which contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them.

You must evaluate, and bear all risks associated with the use of Content, whether provided by us or by others, including your reliance on the accuracy, completeness, or usefulness of it. By using the Services you agree that we (our related corporations and the officers, employees and agents of each) are not responsible for:

a) the accuracy or otherwise of the Content displayed or omitted from the Services;

b) any person’s reliance on Content available or omitted from the Services;

c) any loss in connection with the use of the Service.

You should make your own enquiries and seek independent advice from relevant industry professionals before acting or relying on any Content, whether provided by us or by others. 

Platform providers

Our apps and voice assistant products are provided subject to the platform or software provider’s terms.

(a) Apple

If you download one of our apps through iTunes, you acknowledge that these terms incorporate an end user licence agreement between you and KindiCare. The end user licence agreement is between us and you – it is not an agreement between Apple Inc. (Apple) and you.

We grant you a non-transferable licence to use the app on any iPhone, iPad or iPod touch that you own or control. You must comply with the Usage Rules in the App Store Terms.

You acknowledge that:

  • KindiCare (not Apple) is solely responsible for the app and its contents; and
  • KindiCare is not required to provide maintenance or support services for the KindiCare App.

If the app fails to comply with a warranty (if any), you may notify Apple and Apple will refund any app purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a warranty failure (if any) is our responsibility.

We are (and Apple is not) responsible for:

  • addressing any claims by you or any third party relating to the app or your possession or use of the app, including (but not limited to): (i) product liability claims; (ii) failure of the app to conform to any applicable legal or regulatory requirement; and (iii) claims under consumer protection or similar legislation; and
  • investigating, defending, settling and discharging any third party claim that the app or your possession or use of the app infringes that third party’s intellectual property rights.

You represent and warrant that: (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any questions, complaints or claims you can contact us at [email protected] or via the ‘Feedback & Support’ option on the KindiCare App ‘More’ menu.

You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this end user licence agreement and that, your acceptance of these terms (and this end user licence agreement), gives Apple (and you accept that Apple has) the right to enforce the end user licence agreement against you as a third party beneficiary of the agreement.

(b) Android

Apps accessible via Android devices include software from The Android Open Source Project Copyright (c) 2005-2008, The Android Open Source Project. Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Information disclaimer

We are a mere conduit in the relationship between you and other users or Third Parties, any information we make available to you (including any user or Third Party-submitted Content or information) is provided by third parties and does not originate from us.

We do not independently verify the information provided by third parties. We merely pass on information to you, including any details about the users or Third Parties.

We make no representation or warranty regarding the accuracy, truthfulness, usefulness, reliability or integrity of any information that has not expressly originated from us.

You must evaluate, and bear all risks associated with the use of information provided, including your reliance on the accuracy, completeness, or usefulness of it.

Notifying us

If you think that the KindiCare Platform has been accessed or used by another user in breach of the Conditions, please email us at [email protected] We’ll consider whether there are grounds for taking any action, but you won’t necessarily be contacted as to our decision.

In particular, if you wish to send us a copyright infringement notification, you will need to identify the Content that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to [email protected]

Intellectual Property

Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the KindiCare Platform.

The KindiCare Platform contains Content that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Content on the KindiCare Platform for your own personal, non-commercial use only. Except for the temporary copy held in your computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.

In particular, you may not use any Content on the KindiCare Platform to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Nothing displayed on the KindiCare Platform should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the KindiCare Platform without the express written consent of the relevant owner.

Intellectual Property Rights

Except where expressly stated otherwise, all ideas, concepts, know-how, data processing, data compilations, databases, source code, object code, software, documentation, trademarks, trade secrets, copyrights, inventions subsisting in the Services, our Confidential Information, and any information and materials related to the foregoing, and all associated Intellectual Property Rights (“Our Property”), are and will remain the sole property of ours or our licensors, and no rights, title, or interest are granted to you or any third party under this Agreement with respect to Our Property therein other than as expressly set forth in the Conditions.

Other than as expressly permitted in the Conditions, nothing in the Conditions shall be construed to transfer any right, title, or interest to you of Our Property. You disclaim all rights to Our Property, other than those rights granted in the Conditions, and will assert no claim (copyright, patent, or otherwise) to their use, development, and/or production. You may not access, use, resell, sell, licence, sub-licence, distribute, make available, rent, or lease the Our Property or any Intellectual Property Rights therein for any purpose, except as expressly authorised by the Conditions.

You agree to notify us promptly of any infringement, or suspected or threatened infringement, of the Intellectual Property Rights in the Services.

Confidentiality

Each party must not without the written consent of the other:

a) use any Confidential Information of the other party, except in performing its obligations under the Conditions; or

b) disclose any Confidential Information of the other party to any person except to those who need to know in order to provide the Services and who agree to be bound by similar obligations of confidentiality.

This clause does not apply where:

a) disclosure is required by law;

b) the Confidential Information is in the public domain through no fault or action of the recipient, its employees or subcontractors; and

c) the Confidential Information was received by the recipient on a non-confidential basis from a third party who is not prohibited from disclosing it.

These obligations of confidentiality survive termination of the Conditions.

Communication with us and others

When using the Services, you must not, and you must not authorise, aid, abet encourage or incite any other person, to post or transmit any information, image, text or other material of any kind whatsoever:

a) that is not original material in which you own copyright or Intellectual Property Rights, including copyright, trade secret or privacy right, unless you are authorised by the copyright or Intellectual Property Rights owner to post or transmit that material on the Services;

b) that violates or infringes upon the rights of any other person (including Intellectual Property Rights);

c) that contains Personal Information of any other person, such as phone numbers, mail or email addresses;

d) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;

e) that is unlawful, threatening, abusive, defamatory, obscene, vulgar, profane or indecent or that is sexual or pornographic in nature;

f) that vilifies, insults or humiliates any person on the basis of race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

g) that contains a virus, worm, defect, trojan horses or other harmful component or items of a destructive nature;

h) that advertises or promotes any goods or services, websites, competitions or schemes or otherwise for commercial purposes; or

i) that is knowingly incorrect, misleading or deceptive.

You acknowledge that communications between Users and other Users or Third Parties should not be considered reviewed, screened, or approved by us.

Responsibility for the Content of material posted on the Services rests solely with the person who posts it. Where that Content contains opinions or judgements of third parties, we do not purport to endorse those opinions or judgements, nor the accuracy or reliability of them.

User licence to us

By submitting any information or other material to us (including inputting data or engaging in any other form of communication), you grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

a) for the purpose of complying with our obligations under, and to permit you to comply with all of your obligations under, the Conditions;

b) use, copy, sublicence, redistribute, edit, adapt, transmit, publish and/or broadcast, publicly perform or display; and

c) sublicence to any third parties the unrestricted right to exercise any of the rights granted below, provided that, where such use is not for the purpose of complying with the Conditions, all personal and Sensitive Information will be removed from the information and materials before such information and/or materials is made available to any other person.

The licence in the previous clause includes the right to exploit all proprietary rights in that information or other material including but not limited to rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide.

You unconditionally and irrevocably consent to all acts and omissions by us, or people authorised by us, which would otherwise amount to an infringement of your moral rights in that information or other material. This includes consent to change the information or other material even if the change amounts to a “derogatory treatment” of the information or other material as that term is defined in Division 4 of Part 9 of the Copyright Act 1968 of the Commonwealth of Australia.

At our request and expense, you will execute and deliver to us such instruments and take such other actions as may be required to give full legal effect to this grant of licence and consent.

You are solely responsible for retaining/maintaining/storing and backing up (electronically and/or with hard copies) any information or materials that you wish to preserve. We are not responsible for unauthorised access to, use of or alteration of your information.

To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any information or materials you post to or through the Services. You expressly release us and our agents, partners, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to your posting of information or materials.

Third Party Content

Our platform contains content provided to KindiCare by other parties, including KindiCare Platform users and members (Third Party Content). KindiCare does not have a practice of monitoring or making inquiries about Third Party Content. KindiCare is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of KindiCare. You rely on Third Party Content contained on the KindiCare Platform completely at your own risk.

Third party websites, advertising and activities

We may feature or display links and pointers to websites operated by third parties on the KindiCare Platform. Such websites do not form part of the KindiCare Platform and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the KindiCare Platform entirely at your own risk.

You must not link to the KindiCare Platform from any other website (or otherwise authorise any other person to link from a third party website to the KindiCare Platform) without our prior written consent.

The KindiCare Platform may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on the KindiCare Platform, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of our Privacy Policy. For example, the personal information you provide when registering on the KindiCare Platform may be used, or disclosed, for the purpose of sending you marketing or promotional material about a third party business that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation. If you wish to make a complaint or provide feedback about a privacy related matter, please email our Privacy Officer at [email protected]

Childcare Ratings and Reviews

In this section Ratings, means government ratings, the KindiCare Rating, Reviews submitted via the KindiCare App and Reviews from other websites operated by third parties considered as Third Party Content.

These terms apply to any member who chooses to use the Ratings and Review feature on the KindiCare Platform. Your use of this feature including by submitting a Rating or Review or Reply constitutes acceptance of these Conditions.

The Ratings feature of the KindiCare Platform allows members to leave a Rating or Review for Childcare Provider, Childcare Centre or Childcare Service, whom they have interacted with. A Childcare Provider, Childcare Centre or Childcare Service then has an opportunity, with the exception of Ratings or Reviews considered Third Party Content, to provide a reply to a Rating or Review as long as that Rating or Review.

Members can leave a Rating and Review for the Childcare Provider, Childcare Centre or Childcare Service as long as they have interacted directly with that provider, service centre. No requests for changes to a Rating and Review may be made by a Parent or Guardian or Individual after submission.

KindiCare allows an authorised representative or company officer of a Childcare Provider, Childcare Centre or Childcare Service to dispute a Rating or Review by contacting [email protected]. KindiCare will, at its sole discretion, determine the outcome of a dispute and determine whether or not that Rating or Review is genuine and meets the criteria to remain on the KindiCare platform.

A Childcare Provider, Childcare Centre or Childcare Service, who has a paid KindiCare Premium or KindiCare Enterprise subscription, can leave a Reply to a KindiCare Rating and Review at any time.

Ratings and Reviews reflect the opinions of the members and are not an endorsement of, nor do they reflect the opinion of KindiCare.

KindiCare may at any time, without liability to you, remove, alter or disable access to any or all Childcare Ratings and Reviews in its sole discretion without prior notice to you. Without limiting the previous sentence, KindiCare may resolve to remove or disable access to any or all Childcare Ratings and Reviews if it considers that:

(a) those Ratings or Reviews are in breach of any law or regulation;

(b) those Ratings or Reviews infringe the intellectual property rights of any third party;

(c) it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice issued by a court;

(d) those Ratings or Reviews are:

(i) misleading or deceptive;

(ii) inappropriate having regard to the purpose of the KindiCare Platform;

(iii) likely to cause offence;

(iv) materially incorrect;

(v) obscene;

(vi) defamatory;

(vi) unrelated to the subject the Ratings or Reviews were provided for;

(vii) otherwise unlawful; or

(viii) corrupted, due to the presence of a virus or other disabling code.

Disclaimer

You use the KindiCare Platform at your sole risk.

Except where expressly stated otherwise, Content on the KindiCare Platform is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

We do not make any representation or warranty that any Content on the KindiCare Platform will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

You must take your own precautions to ensure your access to the KindiCare Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or other personal devices.

We will not be liable for loss resulting from any action or decision by you in reliance on the Content on the KindiCare Platform, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the KindiCare Platform in any circumstance.

Limitation of liability

You use the KindiCare Platform at your sole risk.

Certain rights and remedies may be available under the Competition and Consumer Act 2010(Cth) similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. To the extent permitted by law, we exclude all conditions and warranties relating to your use of the KindiCare Platform that are not expressly set out in the Conditions.

To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, in the case of services supplied or offered by us:

  • the re-supply of those services; or
  • the payment of the cost of having those services re-supplied;
  • or the replacement or repair of goods or payment of the cost of replacement or repair; and

In relation to any express warranty or condition set out in the Conditions in connection with services supplied or offered by us via the KindiCare Platform, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those services.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the KindiCare Platform.

IN NO EVENT SHALL KINDICARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE KINDICARE PLATFORM. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF KINDICARE PTY LTD AND ITS RELATED ENTITIES TO MEMBERS FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00.

Indemnity

You agree to fully indemnify and hold us and our affiliates (and their officers, shareholders, agents, partners and employees) harmless against any expenses (including reasonable legal fees or attorney’s fees), costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the KindiCare Platform, including any breach by you of the Conditions.

Severability

If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

No waiver

No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Affirmation regarding age

By using the KindiCare Platform, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.

Force Majeure

Except for any payment obligations, neither you nor us is liable for any delay or failure to perform any of its obligations under the Conditions to the extent that the delay or failure is caused by reason of Force Majeure.

Assignment

You must not assign the Conditions or otherwise transfer for the benefit of the Conditions or a right or remedy under it without our prior written consent.

We may novate, assign or transfer part or all of our rights and obligations under the Conditions to any third party and you consent to the novation, assignment, or transfer.

Notices

Notices must be in writing and given in the English language. Notices may be delivered to a party by hand or by email to that party’s address shown below or to the alternate address notified to the party giving the notice.

Our address for delivery of a notice is KindiCare Pty Ltd (ACN:643 322 696), c/- email: [email protected]

Your address for delivery of a notice is the address provided by you during the registration process.

A notice will be taken to be duly given and received:

a) if delivered by hand, when delivered;

b) if delivered by email, when the recipient party confirms, by non-automated email, receipt of the notice.

Dispute resolution

If a dispute arises between you and us, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. If you have a dispute, please contact us at [email protected]

No Class Actions:  You and we may bring claims against the other in your or our individual capacity and not as a plaintiff, class member or private attorney general in any purported class or representative proceeding.  Further an arbitrator or court may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Timing of Claims: Notwithstanding any other rights you or we may have under law or equity, any cause of action arising out of or related to the Conditions or the Services, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, the cause of action is permanently barred.

Arbitration: Any dispute arising out of or in connection with the Terms of Use, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by binding arbitration under the Australian Centre for International Commercial Arbitration (ACICA) Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.

General information

The Conditions constitute the entire understanding between you and us and supersede all previous and contemporaneous communications, representations, or agreements with respect to your access and use of the Services. The Conditions also supersede any prior agreements between you and us in respect of your use of the Services. You may also be subject to additional terms and conditions that may apply when you use particular services available on or through the Services.

Headings in the Terms of Use are for convenience only and do not affect interpretation.

No failure or delay of either you or us in exercising any right, power, or privilege under the Terms of Use operates as a waiver or any such right, power of privilege.

If any provision of the Conditions is found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted but the court should try to give effect to the parties’ intentions as reflected in the provision. The other provisions of the Conditions are to remain in full force and effect.

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and any user simply by the existence or use of the Services. Nothing in the Conditions will create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us.

Your rights and obligations under the Conditions are personal and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.

You must do everything reasonably required by us to give full effect to the Conditions.

Where anything requires our consent or approval, that consent or approval may be given conditionally or withheld by us as we decide.

There are no third-party beneficiaries to the Conditions.

Applicable law

These Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.

Definitions

In these terms and conditions:

Childcare Providers means a corporate entity or individual providing childcare services.

Childcare Centre means a physical childcare centre operated by a Childcare Provider.

Childcare Service means a product or service, educational or otherwise, provided by a Childcare Centre operated by a Childcare Provider.

Conditions means these terms and conditions, together with our Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the KindiCare Platform.

Content means the content available through the Services whether text, illustrations, photos, audio, video, any combination of these or other material, and includes the Ratings.

KindiCare, Us, we or our means KindiCare Pty Limited (ACN 643 322 696) and/or its related bodies corporate.

KindiCare Platform means all of the websites and apps that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).

Ratings means the ratings provided by us in respect of childcare centres.

Reply means a response provided to a Review.

Reviews means reviews of childcare providers and childcare centres left by members.

Services means the supply of information relating to childcare centres and enabling communication between you and those centres.

Third Party means third parties (including childcare centres introduced or located by you using our Services).

Third Party Content means Content provided by any Third Party.

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