Terms and Conditions

Everything you need to know

TERMS

To use our Services you must agree to our terms and conditions ('Terms'). These were last revised on June 1, 2018.

1. Basic Terms

LookedAfter enables users to book care for their child. We make services available to achieve this (the 'Service' or 'Services').

By selecting the checkbox during enrolment indicating that you agree to the Terms, you enter into a legal agreement with LookedAfter Pty. Ltd., 30-32 Hull Street, Richmond, VIC 3121 Australia ('Us', 'We', 'Our', 'LookedAfter') and agree to these Terms, which includes our Privacy Policy. If you are concerned about the Terms, do not create an account, do not use our Services, and deactivate your account.

You are bound by these Terms even if you use LookedAfter on behalf of a company or other entity.

The Service is always evolving and we retain the right to alter, remove or cease features or functionality without prior notice.

2. Passwords

You are responsible for creating and safeguarding a strong password to access the Services.

3. Child and Other Information

You are responsible for information about you and your child, and other information submitted to LookedAfter to provide the Service.

We do not endorse, represent or guarantee the truthfulness, accuracy or reliability of any information we receive or process.

You are responsible for providing an accurate Customer Reference Number ('CRN') and Date of Birth for you and your child if you intend to claim Child Care Subsidu ('CCS') or other benefits. You are responsible for liaising with Centrelink as needed to validate your entitlement to such benefits.

4. Your Rights

You own any information you submit to us. Deactivating your account will delete this information, except where the information has been shared outside of LookedAfter or where we are required to maintain it.

You agree to grant us a worldwide, non-exclusive, royalty-free license (with right to sublicense) to use, process and distribute this information however we choose and without further consent from you or compensation to you.

We are not obligated to store or provide you with a copy of any information you submit when using the Service.

5. LookedAfter Rights

The Services are our exclusive property. You cannot use material used in our Service including on our website without our permission. Other trademarks and logos may be the property of their respective owners.

If you give us feedback or suggestions about us or our Services, we will be free to use this as we see fit and without compensation to you.

6. Restrictions

Except as permitted, you may not reproduce, modify, distribute, sell, transfer, or otherwise use the information available through the Services.

While accessing or using the Service, you may not access or interfere with non-public areas of our Service, test vulnerability or circumvent our authentication measures, or access the Service via scraping, spidering, crawling or other means we deem inappropriate.

7. Payment Policy

If you purchase services from us using a credit or debit card, we will store your payment information. You will supply accurate billing information. You agree to pay applicable fees as they become due, plus related taxes. Failure to pay may result in penalties, referral to third party debt collection agencies and suspension of your account.

When submitting a new credit or debit card, LookedAfter will charge AUD 30 against the card (AUD 1 when updating a card). This amount will be credited to your account less a surcharge, currently 1.5%. Invoice payments paid by card will incur a surcharge, currently 1.5%.

If you purchase services from us without supplying a credit or debit card, you are responsible for ensuring applicable service fees and taxes are paid in full prior to making the booking and you should allow adequate time for fund transfer. Service fees may be quoted with reference to your estimated entitlement to CCS and any other applicable benefits. Your actual entitlement to such benefits might differ to that estimated at time of booking, and you are responsible for any resulting shortfall. Failure to pay any resulting shortfall may result in penalties, referral to third-party debt collection agencies and suspension of your account.

Depending on where you transact with us and the payment method used, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. LookedAfter does not support all payment methods, currencies or locations for payment.

We will attempt to contact you via email when your credit or debit card reaches its expiration date, but you are responsible for updating your payment method information prior to expiry.

Account statements are issued every two weeks, but may change from time to time at the discretion of LookedAfter. We will contact you via email to notify you of your invoice, and we are not obligated to send you an invoice via other methods. If you fail to pay for your use of the services by the specified due date, we reserve the right to charge you a Non-Payment Fee. The Non-Payment fee is AUD 20 and will be added each unpaid invoice cycle.

8. Refund and Delivery Policy

Bookings you make facilitate your child's attendance at the selected centre. Delivery of the centre's service (the 'Session') occurs at time of Session.

All bookings must be made via your online account at www.lookedafter.com. The operator of the Session (the 'Session Operator') sets applicable session policies such as required notice for booking and cancellation, and these will be displayed when booking.

The Session Operator's cancellation policy determines whether you are entitled to cancel the session attendance in advance, and any penalty for doing so. If your session cannot be cancelled without penalty, CCS entitlement will still apply subject to limits applied by the Department of Human Services, which can be found at their website.

Refunds are not permitted in most circumstances such as where you cancel giving insufficient notice, where you choose not to attend the Session, do not attend the full duration of the Session, do not enjoy the Session or forget to cancel your bookings. You can cancel bookings without penalty within the first two (2) hours after making the booking, if cancelled online via your account, but edits cannot be made within 60 minutes of the session start time. After the expiry of this grace period, your ability to remove bookings without penalty depends on the Session Operator's cancellation policy.

If you have questions or disputes relating to your account statement, you must raise these prior to the payment due date. If you have questions or disputes relating to the Session attended, you should contact the Session Operator directly.

The default policy of LookedAfter is to offer credits to your account rather than a refund.

You may request a refund if you believe your card was used fraudulently, or in other exceptional circumstances. Refunds are not guaranteed. If you reside in Australia, you may request a refund if you are entitled to do so under Australian Consumer Law.

To request a refund, please use the 'Support' form within your online account. If your request is deemed valid by LookedAfter at its sole discretion, the refund may be calculated with regard to subsequent session fees and may be subject to currency conversion fluctuation and associated fees.

Chargebacks are processed in Australian dollars and may differ to the original payment due to currency conversion and associated fees.

9. Behaviour and Permissions

LookedAfter requires users to comply with certain behaviours, and for users to grant LookedAfter and associated Service Providers certain permissions, in order for LookedAfter and associated Service Providers to adequately care for your child. By using the Services, you understand and agree to the conditions outlined below:

You must provide complete and accurate information about you and your child, including any conditions, dietary requirements or additional need affecting your child. You must provide action plans where required, and update these action plans either annually or when requested to do so. This information is required before your child can attend.

You should allow LookedAfter and Service Providers sufficient time to assess your child's enrolment details prior to attending the service. This is especially relevant if your child has conditions or additional needs, or where additional funding is being sought. In such cases, you might be required to supply additional information and your child will not be able to attend until such information is deemed satisfactory.

You give permission for your child to participate in activities organised by the Service Provider.

You authorise staff at LookedAfter and at the Service Provider, in the event of accident or illness, to obtain all necessary medical assistance and treatment for your child and agree to meet any expenses associated with such treatment.

You give permission for the staff at the Service Provider staff to administer appropriate medical attention and first aid for your child in an emergency.

You must provide your own Epipen if your child has a medical action plan that requires an Epipen to be administered.

You must provide Ventolin to the Service Provider if your child is diagnosed as having asthma.

You acknowledge that your child can not attend if suffering from an infectious or contagious disease, and you will not attempt to make your child attend in such circumstances.

You acknowledge that your child might not be able to attend sessions if insufficient evidence of immunisation history is provided.

You agree to collect or make arrangements for the collection of your child at your own expense if he/she becomes unwell.

LookedAfter accepts no liability for personal injury, property damage, personal items (such as spectacles, jewellery and electronic devices) or loss sustained by any participant as a result of his or her attendance due to any cause whatsoever unless caused by proven negligence of LookedAfter, its directors or employees.

You authorise staff at LookedAfter and Service Providers to apply sunscreen to your child.

If your child continuously demonstrates inappropriate behaviour after guidance procedures have been followed, you will be notified and your child may be removed from the service.

You authorise LookedAfter and Service Providers to take your child outside the Service Provider's regular premises when deemed appropriate. For significant trips away from the Service Provider's regular premises, such as an Excursion during school holidays, you must provide explicit consent for your child to leave the premises.

You understand that Excursions and transportation are subject to cancellation or alteration in the event of unsuitable weather conditions or other factors which may arise that are beyond the control of LookedAfter and Service Providers.

When booked for an Excursion, failure to drop off your child by the specified time may result in non-participation. This does not entitle you to a refund or alternative care.

You must pay for all services, even those that were booked and not attended (if you did not cancel within the applicable deadline). All services must be paid for, either in advance or as specified in periodic statements. The cost of the service can differ from that estimated, because of CCS and other additional factors, and you are responsible for meeting these cost differences.

Non payment of your account may result in your child’s exclusion from attending services, incurrence of penalty fees and involvement of third-party debt collection agencies.

LookedAfter and Service Providers retain the right to use photographs / video footage of attendees for publicity and advertising purposes. Please inform LookedAfter if you wish for your child’s image to not be used in this manner.

You understand that Service Provider staff do not supervise your child until they are signed in, and do not supervise your child after they have been signed out. Signing in and out must be via the method provided by the Service Provider.

Only you and the additional contacts added to your account are able to be authorised to sign in and sign out your child.

You authorise staff at the Service Provider to sign in (or sign out) your child. If you (or your authorised contacts) do not sign out your child, staff at the Service Provider will decide the sign out time and will attempt to contact you to confirm this. You remain liable for the cost of the attendance, and repeatedly forgetting to sign in or sign out your child may result in the suspension of your account.

Details about fees and policies applying to a particular session or Service Provider can be found on the LookedAfter website. By using the service, you agree to familiarise yourself with relevant Service Provider policies.

Picking up your child after the stated end time will result in penalty fees as specified by the Service Provider. Unless specified explicitly, the late pickup fee is AUD 2 per minute. Repeated late pick ups may result in the suspension of your account. Please call the Service Provider before the end of the session if you believe you may be late picking up your child.

A late payment fee of AUD 20 will apply for each billing period that your account remains unpaid.

If one or more invoices remains unpaid more than two weeks after its payment due date, your account might be suspended. If this happens, you will be prevented from making further bookings and your existing bookings may be removed. If your account is reactivated from suspension, you are not entitled to reinstate prior bookings at previous fee tiers.

Suspended accounts may be transferred to a third party debt collection agency. Upon such transfer, a debt recovery fee equal to 25% of the outstanding prior debt amount will be added. Payment in full is required before your account can be reactivated.

You undertake to review the information you supply to LookedAfter annually or when requested to do so, and you must update your information to maintain it in an accurate manner.

Information you provide to LookedAfter regarding entitlement to CCS and other benefits must be consistent with the information provided to Centrelink. You are responsible for communicating with Centrelink to determine CCS entitlement. We will attempt to verify your entitlement, but until verified you are responsible for paying full fees for each session.

LookedAfter reserves the right to amend session prices from time to time. The fee tier applying at the time of your booking will not alter upon a price change, but the price you pay for the session will reflect the session price applicable on the day of attendance. We will attempt to notify you if the price changes after your booking, and normal cancellation rules apply.

In cases where conflicting fee information exists, the prices shown on the LookedAfter website at time of attendance will be used as the definitive source of truth.

Fee Tiers for sessions are defined as:

  • "Early Bird", where a booking is made at least 14 days (376 hours) prior to the session;
  • "Week Ahead", where a booking is made at least 7 days (168 hours) prior to the session;
  • "Day Ahead", where a booking is made at least 24 hours prior to the session;
  • "Last Minute", where a booking is made at least 60 minutes prior to the session;
  • "Walk In", where a child attends with no associated booking.

LookedAfter reserves the right to cancel sessions at the request of Service Providers if there is insufficient demand or for any other reason. If this occurs and if it affects your existing booking, you will be notified and you will not be entitled to compensation aside from a cancellation of the session fee.

You are responsible for your bookings. Please check your account regularly to ensure your upcoming bookings are accurate. We will attempt to notify you of a daily bookings summary email when bookings occur, and we will also notify you on a weekly basis of upcoming bookings where applicable. In case of dispute you must contact us before the invoice payment due date.

All bookings must be made via the LookedAfter website. If you attempt to book via other methods, including an email or a phone call, we cannot guarantee that we will accept it.

You can cancel any booking made within the first two (2) hours of making the booking without penalty, only if done via the LookedAfter website and only if the LookedAfter website facilitates this. After the expiry of this first two (2) hours, cancellations will be as per the session's cancellation policy and should be actioned via the LookedAfter website. You cannot edit bookings within 60 minutes of the session start time.

LookedAfter has no obligation to accept any other requests to cancel bookings without penalty. This includes cases of accident, illness or bereavement. Any requests should be via email to LookedAfter, ideally using the contact form within your LookedAfter account.

You are responsible for maintaining accurate contact information, including email address and mobile number.

LookedAfter and Service Providers may use your information to communicate with you from time to time about relevant matters. We will always send important transactional communication about your account or your bookings, but you can opt out of receiving other communication by indicating as such. In the absence of opting out, you agree to receive this other communication. If you unsubscribe or block our important notifications, you take full responsibility for the consequences of these missed notifications.

10. Copyright Policy

We respect intellectual property rights. We may remove alleged infringing material without prior notice at our sole discretion without compensation.

11. Termination

The Terms will continue to apply until terminated by either you or LookedAfter.

You may terminate these Terms at any time for any reason by deactivating your account and discontinuing your use of the Services. You remain liable for the payment of your account until paid in full.

We may suspend, restrict or terminate your account at any time for any reason, if we believe you have violated these Terms or for any other reason.

If we suspend, restrict or terminate your account, we will make reasonable efforts to notify you the next time you attempt to access your account.

On termination, your license to use the Services shall cease. Sections 1, 4, 5, 11, 12, and 13 of the Terms shall continue to apply.

12. Disclaimers and Limitations of Liability

Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE'. LOOKEDAFTER (AND RELATED PARTNERS) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, SUCH AS FITNESS FOR PURPOSE OR NON-INFRINGEMENT.

LOOKEDAFTER (AND RELATED PARTNERS) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOSS OF PROFITS OR REVENUES, OR LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LOOKEDAFTER (AND RELATED PARTNERS) EXCEED THE LESSER OF (1) YOUR PAYMENTS TO LOOKEDAFTER WITHIN THE LAST TWO WEEKS PRIOR TO THE CLAIM, AND (2) AUD 100.

THE LIMITATION OF LIABILITY APPLIES WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE OR OTHERWISE, IF LOOKEDAFTER HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE, AND IF REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

13. Other Terms

You must be at least 16 years of age to create an account with LookedAfter, or the minimum age as governed by a particular country's laws if higher.

The failure of LookedAfter to enforce any provision of these Terms is not deemed a waiver of such provision.

If any provision of these Terms is found to be invalid, it will be limited accordingly and the remaining provisions will remain in full force and effect.

Disputes relating to these Terms will be governed by the laws of the State of Victoria, Australia without regard to any conflict of law provisions. You agree to file claims or related litigation solely in the state courts located in Victoria, Australia and we each agree to personal jurisdiction in those courts. You agree to LookedAfter applying for injunctive remedies or equivalent in any jurisdiction.

All prices are in Australian Dollars unless expressed otherwise.

These Terms, including the Privacy Policy, are the only agreement between us and you regarding the Services and supersede prior agreements. There are no third party beneficiaries. You may not assign or delegate rights or obligations under the Terms, but we may without notice.

The current Terms will be available at our website. By continuing to use the Services, you agree to be bound by any revised Terms.

The English version of these Terms will be binding to the extent by law and any version in another language is intended for convenience only.

Questions about these Terms should be addressed to LookedAfter Pty Ltd (ABN 14 621 539 580), 30-32 Hull Street, Richmond VIC 3121. Telephone +61 3 9427 7311.