Childcare Near Me - Terms of Service and Use

1. Introduction

Welcome to Childcare Near Me.

Childcare Near Me provides services via use of the Childcare Near Me web application (App) to assist parents or guardians of children (Parents) in enrolling children at child care centres (Child Care Centres).

By accessing, using or posting material on the App, you confirm that you have read, understand, accept and agree to be bound by an agreement between you and Childcare Near Me on the terms and conditions set out in these Terms of Service and Use.

2. Changes to the Terms of Service and Use

We reserve the right to modify or terminate the Childcare Near Me service for any reason, and without notice. We also reserve the right to modify these Terms of Service and Use from time to time without notice. You are required to review these Terms of Service and Use regularly, so that you will be made aware of any changes. Your continued use of the Childcare Near Me Enrol service after any such changes constitutes your acceptance of such changes.

If you do not accept the Terms of Service and Use or any subsequent changes to the Terms of Service and Use then you must not use or continue to use the Childcare Near Me service.

3. Eligibility and Registration

In order to use the Childcare Near Me service you must have completed the App registration. You will be responsible for all activities occurring under your username. We may refuse to grant you registration if a username impersonates someone else.

The App is a free service for Parents. Users of Childcare Near Me must be 18 years of age or older.

4. Appropriate Conduct and Content for Use and Risks

You must not use the Childcare Near Me service or App for any illegal or unauthorised purpose, as determined by us in our sole discretion. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Childcare Near Me service will violate or infringe upon the rights of any third party, including copyright, trade mark, privacy, publicity, or other personal or proprietary rights, or contain libellous, defamatory or otherwise unlawful material or material that is or may be damaging to another party.

Users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from Australia.

You are solely responsible for your conduct and any data, text, information, photos, links and other content (Materials) that you submit, post, and display on the Childcare Near Me service or the App. You may not post, transmit to or share with other users any Materials that you did not create or that you do not have permission to post. You are solely responsible for the security processes and password protection of the electronic devices you utilise to use the App.

We do not pre-screen or approve Childcare Near Me profiles or other Materials which might be submitted, posted or displayed. We are not responsible for the content of any Material posted on the Childcare Near Me services or App. You may be liable to a third party as a result of any Material posted on the Childcare Near Me services or App.

You should be careful before providing any personal information to another user of Childcare Near Me, Child Care Centres or posting such information online.

In the event we are advised of Inappropriate Material (as defined below) posted on Childcare Near Me we retain the right to, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, offensive, objectionable or otherwise unauthorised, as determined by us in our sole discretion, or which infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service and Use (Inappropriate Material), as determined by us in our sole discretion.

If you believe that Inappropriate Material has been posted on Childcare Near Me, please notify Childcare Near Me by email to help@childcarenearme.com.

If Material is posted by you that we determine, in our sole discretion, may be considered to be objectionable, unauthorised or Inappropriate Material, then we may remove that Inappropriate Material without your consent and with or without notice to you.

Childcare Near Me prohibits such conduct and content on its site or App and may restrict or terminate your registration of Childcare Near Me if you are found to have undertaken such conduct or posted Inappropriate Material.

However, you understand and agree that you may be exposed to such conduct and content and that you use the Childcare Near Me service at your own risk.

5. Childcare Near Me's Proprietary Rights

By submitting, posting or displaying any Materials on or through the Childcare Near Me service or App, you automatically grant to us (and those we work with and related companies and entities of Childcare Near Me including but not limited to KN Enrol Pty Ltd) a worldwide, non-exclusive, royalty-free, right to use, host, store, reproduce, modify, create derivative works, publicly display, re-display and distribute such content and Materials in other formats not simply limited to websites or Apps.

Except as expressly authorised by Childcare Near Me, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Childcare Near Me's proprietary information which includes all postings, photos and other Materials on the Childcare Near Me website or App.

6. Privacy Policy and Use of Personal Information

We care about the privacy of people who use Childcare Near Me. Our collection and use of personal information is governed by the Childcare Near Me Privacy Policy. Click here to review the Privacy Policy http://childcarenearme.com.au/privacy.

Childcare Near Me may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of Childcare Near Me, its affiliates or the public.

In agreeing to the Terms of Service and Use you expressly authorise Childcare Near Me, at Childcare Near Me’s sole discretion and subject to any law, to sell, assign, licence or otherwise transfer your personal information and any other information which you have provided to Childcare Near Me as part of your registration including to the Child Care Centre.

7. Comparative Information

As part of the services Childcare Near Me provides we may pool the information Parents and Child Care Centres provide to Childcare Near Me (Comparative Information) and use that information in a de-identifying manner which complies with the Australia privacy laws.

The Comparative Information will be general information about the operations of users of Childcare Near Me's services, including from the App. The Comparative information Childcare Near Me gathers and which Childcare Near Me may publish will not refer to, or be identifiable to, any particular user of Childcare Near Me's services.

Parent’s grant a non-exclusive, royalty-free license to Childcare Near Me to use the Comparative Information for any such other purposes as Childcare Near Me deems necessary provided use of the Comparative Information conforms with Australia privacy laws and all other applicable laws.

8. Disclaimer of Warranties

You are aware that the information contained on the Childcare Near Me service and App:

  • is presented as a summary and is not to be considered complete;
  • is provided subject to the disclaimer and limitation of liability contained in these Terms of Service and Use; and
  • is subject to information provided by third party’s including Child Care Centres.

The Competition and Consumer Act 2010 (Cth) (CCA) implies some consumer guarantees into agreements for the supply of goods and services to consumers. The terms and conditions of Childcare Near Me do not exclude, restrict or modify consumer guarantees implied by the CCA, however, Childcare Near Me does not give any guarantee or warrantee relating to the supply of goods or services other than that required by the CCA.

Childcare Near Me does not exclude any such rights and remedies, but do exclude all other conditions and warranties specified or implied by custom, law or statute.

To the maximum extent permitted by law, Childcare Near Me disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Childcare Near Me service. To the maximum extent permitted by law, Childcare Near Me disclaims any and all responsibility and liability for the conduct of any Childcare Near Me member.

You acknowledge and represent that Childcare Near Me has no control over users of the Childcare Near Me services or App, and is under no circumstances liable for the behaviour, opinions or conduct of such users, including to the provision or posting of any information, materials or advice, on the Childcare Near Me App or provided directly to users, by any means, or for any statements which are or may be, defamatory or otherwise offensive.

You are aware that your use of the Childcare Near Me service is entirely at your own risk.

9. Hold Harmless and Indemnity

You must hold harmless and indemnify Childcare Near Me from and against any third party claim arising from or in any way related to your use of the Childcare Near Me service, including any liability or expense arising from all claims, losses, damages (actual and consequential), legal proceedings, judgments, litigation costs and lawyers' fees, of every kind and nature.

10. Limitation of Liability

If goods or services are supplied to you by Childcare Near Me, and these goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then under section 64A of the CCA, liability for failure to comply with a consumer guarantee will be limited as follows:

  • in relation to goods, the replacement or supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or acquiring equivalent goods, the payment of having the goods repaired; or
  • in relation to services, the supplying of services again or the payment of the cost of having the services supplied again.

Subject to the above, Childcare Near Me excludes its liability to the fullest extent permitted by law.

11. External Links

Access to any website that may be reached via the hyperlinks on the Childcare Near Me website or App is subject to any notices, including copyright notices, which may appear through the linked site.

Accessing a site via Childcare Near Me does not expressly or impliedly constitute any guarantee, undertaking or warranty on the part of Childcare Near Me as to the accuracy, completeness, copyright status, security or currency of information contained on that site. You acknowledge and represent that you accept that you will not hold Childcare Near Me liable for any loss, costs damages or other expenses incurred as a result of such access and the use of any information contained on a site accessed via Childcare Near Me.

12. Termination of Registration

We may terminate your Childcare Near Me registration immediately at any time, for any reason, or for no reason and entirely at our sole discretion.

We may also terminate or restrict your Childcare Near Me registration if notified by the Child Care Centre you are no longer using their services or your conduct and the content you post on the App is in breach of the requirements set out in section 4 of these Terms and Services and Use.

If your registration is terminated, you will have no right to use the Childcare Near Me service. However, our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your registration.

13. Copyright Information

All information, text, material, graphics, images, software and advertisements on this web site or App are copyright to Childcare Near Me unless indicated otherwise. The materials are protected by Australian and international copyright and trade mark laws.

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute, reverse engineer or otherwise deal with in any way, the material on the Childcare Near Me website or App except as may be expressly provided for in these Terms of Service and Use. Your copyright ownership is limited to the content you upload, which may include audio or visual or other copyright material. The copyright of any posted materials remains with the owner of the posted materials. Ownership of copyright does not change hands.

You may, subject to specific restrictions set out in these Terms of Service and Use, download material from Childcare Near Me services or the App solely for your personal, non-commercial use. In doing so you must not change or delete any proprietary notices from any material downloaded from the site.

14. Security Policies, Fraud and Viruses

Childcare Near Me takes security seriously and specific steps we take to ensure your security include:

Our IT servers are carefully managed by third party IT service suppliers who understand security. We regularly check all code and systems for vulnerabilities.

You should always be aware of the potential for fraud and theft on the internet.

We use email and SMS to communicate with you. Email and SMS may appear to be from a Childcare Near Me email address or phone number but this can be forged. If you are ever in doubt, please contact us at the following email address: help@childcarenearme.com.

Our IT service suppliers maintain anti-virus and security systems to ensure that we do not send viruses by email. However, you may receive virus emails that pretend to be from us (or indeed from anyone you know). Therefore, never open an email or click on any attachment unless (a) you are expecting it and from the legitimate content of the email know what it is; and (b) the attachment is of a 'safe' type of such as .pdf.

15. Notices

Childcare Near Me may provide you with notices regarding the Childcare Near Me service or these Terms of Service and Use by regular mail, email, or postings to the Childcare Near Me website or App.

16. Miscellaneous

These Terms of Service and Use will be governed by, and construed in accordance with, the laws of the State of Victoria, Australia. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the State of Victoria, Australia.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service and Use to be unenforceable, the remainder of the Terms of Service and Use will continue in full force and effect.

You must not assign these Terms of Service and Use or assign any rights or delegate any obligations under these Terms of Service and Use, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.

Without limiting the foregoing, under no circumstances may you hold Childcare Near Me liable for any delay or failure in performance of the Childcare Near Me service or App.

These Terms of Service and Use constitute the entire agreement between you and Childcare Near Me and you expressly represent that you do not rely on any prior or contemporaneous understanding, representation or agreement.

Any waiver of any provision of the Terms of Service and Use by a party will be effective only if in writing and signed by a party.

Version: September 2017

Childcare Near Me - Competition Terms and Conditions

Schedule to Terms and Conditions of Entry

Promotion NameBaby Bunting Campaign
Eligible States/TerritoriesACT
Duration of PromotionStart: 15 Feb 2018 12:00 PM AEST
End: 08 Apr 2018 11:55 PM AEST
PromoterKindyNow Pty Ltd
ABN: 85165364509
4/44, Gwynne Street
Cremorne VIC 3121
Eligible EntrantsEntry to the Promotion is open to ACT, Australia residents only who fulfil the entry requirements.
Details of Prizes$300.00 Baby Bunting Gift Voucher
Total number of Prizes1
Total Prize ValueTotal prize pool (inc GST): $300.00
Method of EntryTo enter, an entrant must, during the promotional period:
Provide their name, email address, phone number, postcode and answer a question relating to when they are looking for child care (immediately, less than 3 months, more than 3 months). A single email address may only be used once to enter the draw.
Maximum number of entries1
Prize DrawA random prize draw will occur 12:00 PM AEST on 10 Apr 2018.
Location of Draw:
KindyNow Pty Ltd
ABN: 85165364509
4/44, Gwynne Street
Cremorne VIC 3121
Notification of WinnersWinners will be notified via email no later than 12:00 PM AEST on 12 Apr 2018.
Public announcement of winners from unclaimed prize drawThe winners of all prizes will be published here: Jenni Husking
childcarenearme.com.au on 12:00 PM AEST on 10 Apr 2018

If the prize is unclaimed by 12:00 PM AEST on 1 July 2018 we will conduct a random redraw and notify the winner at 12:00 PM AEST on 2 July 2018 by email as well as publish the new winner on childcarenearme.com.au.

Terms and Conditions of Entry

  1. Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.
  2. Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, including the competition permit providers Trade Promotions and Lotteries Pty Ltd are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
  3. The Promotion will be conducted during the Promotion period.
  4. The Prize/s are specified in the Details of prizes section of the Schedule.
  5. The total prize pool is specified in the Total prize value section of the Schedule.
  6. Any prize is valued in Australian dollars unless expressly stated to the contrary.
  7. All vouchers are valid until the expiry date stated on the voucher or by the provider of the voucher.
  8. Entrants agree to comply with any conditions which accompany the Voucher.
  9. Neither the Promoter nor the voucher provider is liable for any voucher that has been stolen, forged, lost, damaged or tampered with in any way.
  10. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
  11. The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
  12. The time of entry will be deemed to be the time the entry is received by the Promoter.
  13. Entrants may submit up to the Maximum number of entries (if applicable).
  14. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
  15. The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize draw details. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the promoter will then continue this process until the prize is awarded.
  16. The winner does not need to be present at the draw unless expressly stated to the contrary.
  17. The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
  18. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
  19. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
  20. The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
  21. If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer available the promoter may substitute with a prize of higher or equal value “subject to any written directions from a regulatory authority”. The promoter is not allowed to deduct any administrative costs associated with provision of the prize.
  22. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
  23. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
  24. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
  25. The Promoter and its associated agencies and companies will not be liable for any damage in transit to or delay in transit of prizes.
  26. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  27. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
  28. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
  29. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.
  30. Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the private information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
  31. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement.
  32. The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
  33. Facebook, YouTube, or Instagram may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, or Instagram; and to release Facebook, YouTube, or Instagram from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, or Instagram.