END USER TERMS OF SERVICE
Welcome to the LookedAfter childcare booking platform (Platform) operated by LookedAfter Pty Ltd (ABN 14 621 539 580) (us). We are excited for you (you) to get started using our Platform but before you do, there are a few things you need to be aware of in relation to your use of the Platform. Please read this document carefully as it sets out some important information regarding the Platform and your use of it.
We know that you are receiving the childcare services from your chosen childcare provider. The Platform is designed to help you interact and make bookings with your chosen childcare provider with ease. But we want you to know that by registering an account and using the Platform you are also are entering into a binding agreement with us on the terms set out below (Agreement) in relation to your use of the Platform. This Agreement is the entire agreement between us and you regarding the Platform and supersedes any previous agreements, representations, understandings or statements. If you continue to register an account and use the Platform, you will be deemed to have accepted the terms of this Agreement.
Registering an account – To access and use the Platform, you have to create a user account (Account). To do this, you will need to provide us with a range of information and details about you and your child / children. You are responsible for ensuring that you are legally able to provide us with the information (i.e you are the parent or guardian of the child or have obtained their consent) and for providing us with accurate, complete and up-to-date information during this process. We don’t verify the information you provide, so we can’t be held responsible for any loss, fine, expense or damage (loss) you suffer in connection with inaccurate, incomplete or out-of-date information that you provide to us.
Using the Platform – We have a lot of users using our Platform, so we need to make sure that we keep it safe and functioning properly. As a result, there are a few things that you must not do, namely:
- don’t use the Platform other than for your own personal use;
- don’t circumvent any usage or other restrictions imposed ;
- don’t copy, reproduce, alter, reverse engineer, or create derivative works from the Platform;
- don’t make available to the public, sell or distribute the Platform (or incorporate the Platform in any other product);
- don’t attempt to collect any information or data from the Platform;
- don’t do anything that breaches any law or infringes our rights or a third party’s rights; and
- don’t introduce any virus, worm, trojan, harmful data or other malicious code into the Platform or otherwise corrupt, degrade or disrupt the Platform’s operation.
Ownership of the Platform – We have spent a lot of time and effort in developing the Platform and are proud to be able to offer you with access and use of it. We own all existing and future rights, title and interest (including any intellectual property rights) in and to the Platform. You get to access and use the Platform to take advantage of all its great functionality, but those are the only rights that we grant you in relation to the Platform.
Childcare services – Remember, the childcare services you receive, the fees payable and payments that you make are done directly with your chosen childcare provider. If you have an issue with anything related to the childcare services, fees, scheduling or anything else, you should contact your chosen childcare provider. We just operate the Platform, so we are not responsible for anything in connection with those services.
Payment processing on the Platform – We think our Platform is great because of how it can enhance the ease with which you interact with your chosen childcare provider. In particular:
- we use third party payment processors to facilitate the payment of fees associated with the childcare services that you are receiving; and
- we have integrated our Platform with the relevant government authorities to streamline your access to the childcare subsidy (CCS) (if applicable).
Whilst we take all care to ensure that those transactions go through without any issues, we take no responsibility for any failure or error of a third-party payment processor in facilitating payments between you, your chosen childcare provider and/or relevant government agencies. Remember, we don’t determine your eligibility for the CCS, we just pass your identification details onto the relevant government authority. This shows you how important the accuracy and completeness of the information that you provide us with is.
Issues with the Platform – If you have any issues with the Platform, please contact your chosen care provider. They are best placed to field all your questions and work with us to solve any issues relating to the Platform.
Security of the Platform – Security is important to us, so we use best endeavours to ensure the Platform, and any transactions conducted through the Platform, stay secure. However, you acknowledge that the security of information and payments transmitted through the internet can never be entirely secure or error free and so we can’t be held responsible for any loss you suffer in connection with a failure, delay, interception or manipulation of an electronic communication caused by a third party or unauthorized access to the Platform by a third party.
Disclaimer & Liability – All express or implied guarantees, warranties, representations, or other terms and conditions relating to this Agreement (including in relation to availability, continuity, reliability, accuracy, currency or security of the Platform) and liability for any and all loss that you suffer in connection with the Platform and this Agreement are excluded to the maximum extent permitted by law.
Where we can’t exclude something by law, then if the law allows, we limit our liability to (at our option):
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Where we are not permitted to exclude or limit our liability above, to the extent permitted by law our maximum liability to you is $1.
Indemnity – You indemnify us for any loss that we suffer in connection with your breach of this Agreement or use of the Platform, except to the extent that we cause or contribute to that loss. We will use all reasonable endeavours to mitigate our loss.
Variations & Assignment – Our Platform and business is changing regularly, so we need to make sure that this Agreement is flexible enough to change accordingly. As a result, we can vary this Agreement at anytime by providing you with notice through the Platform. If you agree with the new terms, just continue to use the Platform as you have been. If you don’t agree with the new terms, just stop using the Platform. If you continue to use the Platform after being notified of a variation, you will be deemed to have accepted the variation. We can assign or novate this Agreement to any person at any time by providing you with written notice of that assignment or novation.
Suspension & Termination – We need to protect our Platform, networks, other users, and our business. So, we can limit or suspend your access to and use of the Platform at any time if we think that it is necessary.
If we do, we will notify you as soon as reasonably practicable using the details you have provided when registering your Account. Without limiting any other rights or remedies we may have; we can also terminate this Agreement (together with your access to and use of the Platform) immediately where:
- we have given you 7 days prior written notice; or
- in our reasonable opinion, you have breached this Agreement.
Governing Law – The laws of Victoria, Australia will govern this Agreement.