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Terms & Conditions
Terms and Conditions of our services and use of website
Effective Date: From October 2017
1. The Agreement
1.1. This Agreement is made between You and Us when You use the Website. It applies to Your use of the Website, all the services on it and any Services that you purchase or obtain using it. If you do not agree to the terms and conditions of this Agreement then you are not permitted to use the Website.
1.2. Each time you use the Website you enter into a new and separate contract for any Services you purchase or obtain.
1.3. We may vary the Agreement by posting a new Agreement on the Website, and that new Agreement will apply to each of Your visits to Our Website whilst that new Agreement is posted.
1.4. Nothing in this Agreement excludes, restricts or modifies, or has the effect or excluding restricting or modifying the provisions of the Competition and Consumer Act 2010 and the Australian Consumer Law in contravention of that Act.
3. Our services
3.1. Our Services are only to be used for personal reasons, in order to research and/or book a Placement with one of our Centres. We are not responsible or liable for the accuracy of the Services or any errors or omissions.
4. Registering with us
4.1. You must register with us to use Last Minute Childcare Services, providing us with personal information about yourself and your child. You agree that any information you give us during registration is true, accurate, current and complete and that you’ll update information so that it remains this way.
4.2. You are permitted to create one account with Last Minute Childcare.
4.3. Once registered, we’ll give you with a login and a password, which you must keep safe. We are not liable for any damages resulting from loss, corruption or compromise of your user ID and/or password.
4.4. You acknowledge that you are over 18 years old or if you are acting on behalf of another person, you have the right to enter into this agreement on their behalf.
4.5. If we believe any information you provide is untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future services to you.
4.7. You consent to us supplying all or any part of your identification information to third parties with whom you enter into transactions using the Services and that they may not have parallel Privacy Policies in place.
5. Confirming your placement
5.1. We will send an invoice receipt to your nominated email address advising that your Placement has been booked with your selected Centre, once you have paid the Booking fee. You are not entitled to use the Placement until you have paid the Centre Fee to the Centre.
6. Getting a refund if you cancel
6.1. We have no control over and are not responsible for the refund policy of a Centre or your eligibility for a refund in the event you are not able to use a Placement.
7. Using the Website
7.1. Where You are issued with a password and user name to use any part of the Website, You must ensure that You keep that user name and password strictly confidential, and must not disclose either of them to anyone else. You are solely responsible for any activities undertaken using Your username and password.
7.3. Where We provide links on Our Website to websites operated by Third Parties We disclaim all liability for any content on that Website and/or any transaction that You may make on that website.
7.4. Where We include Third Party advertising on Our Website, We disclaim all liability for any advertisement and/or any transaction, act or omission that You may make on as a result of that advertisement.
7.5. Any testimonials published by us are independent and genuine. However, they do not represent a guarantee or warranty of similar results.
7.6. You should ensure that You read, understand and accept the privacy policies on any website that You link to from Our Website before You provide any Personal Information to that website. We do not endorse any third party website, product or service.
7.7. You are responsible for the Content. We are not responsible for taking or maintaining backups of the Content, Website or any services on it.
7.8. You acknowledge and agree that We may make payment of commissions to others, and others may make payment of commissions to Us, in connection with any Service.
8. Making Payment
8.1. If there is a price for a Service we provide, and you purchase as Service from Us then You must pay Us by Approved Payment Mechanism in accordance with the Purchasing Process:
(a) the Price for any Service;
(b) the Price for use of an Approved Payment Mechanism; and
(c) any other amount stated.
8.2. You are responsible for any exchange rate fees or charges for international transactions charged, or any other charges levied by the provider of the Approved Payment Mechanism that You use, so that the net amount received by Us is the Price.
8.3. We may be collecting the Price as agent of the Third Party who is providing You with Services. In this case We will pass on to the Third Party the amount that we are contracted to pay for the relevant Goods or Services in accordance with Our contract with the Third Party.
8.4. If any payment is made to Us using an Approved Payment Mechanism and the financial institution subsequently refuses to honour the payment for any reason, or for any other reason payment is not honoured or completed (other than providing a refund as required by law) or We are required to make a chargeback, then:
8.5. You must immediately pay the relevant Price that the Approved Payment Mechanism was used to attempt payment by a means acceptable to Us; and
8.6. You must pay Us any non-payment fees we suffer for each occasion when payment was not made properly, when We incurred a charge back.
8.7. We reserve the right not to accept payment from any Approved Payment Mechanism that is issued to a person that has an address outside of Australia.
8.8. All amounts stated in this Agreement are in Australian Dollars.
9. Refunds and Our Liability to You
9.1. You are only entitled to a refund of any amount paid to Us for any Service if the refund must be paid by law (Including under the Australian Consumer Law). Where we are acting as agent for the Third Party who is supplying the Services to You, We will pay any refund only when We receive the corresponding refund from the Third Party. Any refunds will be made to the same Approved Payment Mechanism from which the original Price was paid, or otherwise in accordance in accordance with the codes of practice for credit cards.
9.2. To the extent permitted by law, if We fail to comply with a statutory guarantee under sections 54 – 59 of the Competition and Consumer Act 2010, Our liability for such a failure is limited to, at Our option:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(d) the payment of the cost of having the goods repaired,
provided that it is fair and reasonable for Us to rely on this term of the agreement.
9.3. To the extent permitted by law, if We fail to comply with a statutory guarantee under sections 60 – 62 of the Competition and Consumer Act 2010, Our liability for such a failure is limited to, at Our option:
(a) supplying the services again; or
(b) payment of the cost of having the services supplied again,
provided that it is fair and reasonable for Us to rely on this term of the agreement.
9.4. Our liability for any loss, damage or expense that is not provided for under clauses 5.2 or 5.3, is to the maximum extent permitted by law, limited to direct losses (and not indirect or consequential losses) of up to $100.
9.5. You indemnify Us and hold Us harmless from any loss, damage or expense that We incur out of or in connection with:
(a) Your breach of this Agreement (Including any costs We incur enforcing this Agreement);
(i) any negligent, wilful, unlawful or fraudulent act or omission committed by You (and if You are an entity, Your agents and contractors); or
(ii) the Content.
9.6. Where We act as agent for a Third Party to collect the Price for Services via the Website, We:
(a) do not own, supply, operate, control or manage the supply of the Services, or the content displayed on the Website in respect of them;
(b) offer the Services through the Website as agent for the relevant Third Party only (and not in Our own name);
(c) do not create or verify any content provided by the Third Party that is displayed on the Website in respect of those Services,
(d) We are not responsible for whether the Service is suitable for You;
(e) to the maximum extent permitted by law, We are not responsible for, and exclude all liability for:
(i) the supply, failure to supply or inadequate supply, of any Good or Service, where the transaction has been properly processed by Us;
(ii) any content that is displayed on the Website relating to the Goods or Services.
9.7. Where We act as agent for a Third Party to collect the Price via the Website and You are dissatisfied with the Service You should discuss this and resolve any dispute directly with the Third Party. We do not endorse any Third Party or any Service provided by a Third Party.
10. Intellectual Property
10.1. You are granted a limited right to:
(a) access and use the Website;
(b) print and make copies of the screens, tax invoices, receipts and other documents that are generated from the Website,
for your own personal use. You are not granted any other rights to use the Website or any content on it under this Agreement.
10.2. You must not use, nor allow any third person access to, any part of the Website or any information on it:
(a) for any unlawful purpose, any activity which breaches any law (Australian law or foreign law), breach any person’s rights of privacy, confidentiality or intellectual property, or which menace or harass any person;
(b) to harm minors in any way;
(c) to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or misrepresent your identity;
(d) to upload, post, email, transmit or otherwise make available:
(i) any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, confidentiality or contractual rights, hateful, or racially, ethnically or otherwise objectionable;
(ii) to upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(iii) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) to interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
(e) to conduct any data mining, reproduction, automated queries or other data extraction process.
10.3. You acknowledge and agree that the Website, any software used in connection with the Website and the information in any of them contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You acknowledge and agree that the information contained in advertisements or content presented to you through the Website and any software used in connection with the Website or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Us or advertisers, You must not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, any software or information, in whole or in part.
10.4. You grant Us an irrevocable, non-exclusive, royalty-free licence to the use, copy, adapt and sub-license of any data entered into the Website by You or that is generated by the Website in connection with Your use of the Website, for any purpose, provided that:
(a) We do not disclose to any third party any information that can be used to identify You (unless such disclosure is required or assists with the provision of the Good or Service); and
10.5. If You provide Us with any feedback or suggestions as to how to improve Our service or any Service, We may use that feedback or suggestions without reference to You and without payment. Any intellectual property that is created as a result of such feedback or suggestions vests in Us or is assigned to Us without charge. You must promptly complete any documents that We require You to sign (at Our cost) to give effect this clause.
11. Other Issues
11.1. You acknowledge and agree that:
(a) only a director of Us has the authority to vary this Agreement and any such variation must be done in writing and signed by a Director of Us;
(b) in entering into this Agreement You have not relied on any statement, representation act or omission that is not set out in written form in the Agreement.
11.2. We agree that both of us may use electronic communications in connection with this Agreement. Any electronic communication shall have the same effect as if it was a hard copy document with the same information on it.
11.3. This Agreement is subject to the laws and exclusive jurisdiction of the courts of Australia.
12. Complaints and feedback
12.1. If You wish to make a complaint or provide any comments regarding the Website or this Agreement, You can do so through contacting Us using the Contact Us Form.
13.2. Centre means Childcare Centre.
13.3. Centre Fee means any fee charged by a Childcare Centre for a Placement.
13.4. Contact Us Form is the web form headed “Contact Us” which is located in the navigation bar on the foot of the home page on the Website.
13.5. Content means any information, Including Personal Information, that is entered into the Website or any service on it, by You or on Your behalf.
13.6. Contract Details means the details relating to a particular transaction that are entered into our Website, Including Your name and contact details and Service Service.
13.8. Placement means any placement, booked by you for a child with lastminutechildcare.com.au
13.10. Purchasing Process means the completion of Contract Details, the acceptance of any terms and conditions relating to the transaction and, if required by the Website, payment for the relevant Good or Service, for a particular transaction in our Website.
13.11. Service means any service (Including online information service) that may be available from Us or a Third Party, via the Website.
13.12. Services means this Website and the services offered on it.
13.13. Third Party means an entity or person that is not Us.
13.14. We, Us or Our means Last Minute Childcare Pty Ltd.
13.15. Website means Our website, currently at www.lastminutechildcare.com.au .
13.16. You means you as an individual, or, where you are acting for Your employer, Your employer.
13.17. Including or Includes are not words of limitation.