TERMS AND CONDITIONS UNDER WHICH ACCESS IS GRANTED TO www.childcarecentredesktop.com.au
Venas Agencies Pty Ltd, Trading as Childcare Centre Desktop
Website Terms and Conditions of Use
This page outlines the terms and conditions under which we provide access to the information on our website www.childcarecentredesktop.com to you. Please read these terms and conditions carefully before accessing our site. You should understand that by using the site, you agree to be bound by the terms and conditions.
We recommend that you print a copy of these terms and conditions for future reference.
Each time you log in to Childcare Centre Desktop, you will be presented with these terms and conditions. If you refuse to accept these terms and conditions, you will not be able to access the “members only” area of the site.
1 Acceptance and Term of this Agreement
These terms and conditions (the “Agreement”) govern the use of Childcare Centre Desktop Website (the “Website”). This Agreement is between:
1.1 The Member (being the individual, company or firm that has subscribed to access the Website);
1.2 The Authorised Users, being the Member’s employees or agents which it enables to use the Website in accordance with Clause 3 below;
1.3 The Visitor, being casual users accessing sample pages and links; and
1.4 Venas Agencies Pty Ltd, Trading as Childcare Centre Desktop, ABN 67096207886, whose registered office is situated at Suite 1, 13 Oceanview Drive, Wamberal NSW 2260, Australia (“Childcare Centre Desktop”).
This Agreement will continue in force for as long as Childcare Centre Desktop provides access to the Website to the Member or Authorised User. Childcare Centre Desktop will notify the Member or Authorised User of any significant changes to this Agreement. If the Member or Authorised User accesses the Website after such notification, they will be deemed to have accepted the changes.
Childcare Centre Desktop has the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
Note that Childcare Centre Desktop is a website intended for use by businesses and not consumers and that you may not use the Website if you are under 18 years of age. If you accept these terms and conditions on behalf of a corporate buyer, you represent that you are authorised to do so. If you are not so authorised, nor deemed in law to have such authority, you assume sole personal liability for the obligations set out in these terms and conditions of use.
If you are using Childcare Centre Desktop as a visitor, and accessing Sample information and links only, you are still bound by the same terms and conditions that apply to members and authorised users of the Website.
2 Website Availability
2.1 Childcare Centre Desktop will publish the Website on the Internet in HTML format. The Member or Authorised User is responsible for obtaining, maintaining and operating, at its own expense, a terminal or personal computer system, telecommunications connection and such other equipment, software (including programs such as Microsoft Excel and Word), and facilities as are necessary to enable it to gain access to the Website in this format.
2.2 Childcare Centre Desktop intends the Website to be available to Members and Authorised Users 24 hours a day. However, Childcare Centre Desktop cannot guarantee and cannot accept responsibility if the Website is not available to this extent.
2.3 Childcare Centre Desktop may suspend the Member’s or Authorised User’s access to the Website temporarily and without notice if there is a failure of the computers or systems of Childcare Centre Desktop or one of its service providers, if Childcare Centre Desktop is required to conduct any maintenance or repair to the Website or associated systems, or if such suspension is necessary due to an occurrence beyond Childcare Centre Desktop’s reasonable control.
2.4 Childcare Centre Desktop will not be liable for any loss or damage howsoever arising resulting from any technical problems beyond the control of Childcare Centre Desktop relating to or connected with the use of the Website by the Member or Authorised User, including technical problems caused by third party service providers used by the Member or Authorised User to gain access to the Website or to the Internet generally.
2.5 Childcare Centre Desktop will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Impossibility of the use of public or private telecommunications networks; and
The acts, decrees, legislation, regulations or restrictions of any government.
Childcare Centre Desktop’s performance under this Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
3 Access Control
3.1 Each Member or Authorised User will have access to all of the information and calculations which are available through the Website without limitation.
3.2 Childcare Centre Desktop will allocate to the Member or Authorised User, usernames and passwords for the purpose of providing access to the Website.
3.3 Usernames and passwords allocated to the Member or Authorised User may be changed by Childcare Centre Desktop at any time and, as relevant, any such changes will be promptly notified to the Member or Authorised User.
3.4 The Member or Authorised User agrees to keep confidential any password or username referred to in clause 3.2. The Member or Authorised User will be liable for any loss or damage (including without limitation loss of profit) to Childcare Centre Desktop caused by a breach of the obligation of confidentiality.
4 Website Content
4.1 Childcare Centre Desktop does not accept any responsibility for the accuracy or content of documentation, information or calculations provided on the Website.
4.2 Childcare Centre Desktop will use reasonable efforts to ensure that all documentation, information and calculations included in the Website which has been produced by Childcare Centre Desktop are accurate and up to date.
4.3 Childcare Centre Desktop may from time to time publish on the Website materials provided by third parties. Childcare Centre Desktop does not monitor or edit such documents and does not accept responsibility for their contents.
4.4 The Website may contain hyperlinks to the websites of third parties. Childcare Centre Desktop does not accept responsibility for the content of any such websites in any way whatsoever. Childcare Centre Desktop does not accept any responsibility for any loss or damage the Member or Authorised User or any other party may suffer arising out of its access to such websites, including but not limited to damage or loss arising from its use of or reliance upon information contained within such websites.
5.1 The Member or Authorised User represents a single Licence (Subscription). Information and resources provided by the Childcare Centre Desktop is restricted to the Member or Authorised User and cannot be shared or distributed to other childcare services. Corporate rates apply to childcare organisations if a group rate is requested. A single license (Subscription) can be an individual educator or childcare service (Owner / Director or Authorised User). The full subscription rate provides for additional access for up to three key staff members of that childcare service.
5.2 The Member or Authorised User may use the Website and resources comprised within it for its business purposes only. The Member or Authorised User may view, print, copy and download the information and resources on the Website for use in their business. The Member or Authorised User must not reproduce, distribute, reverse engineer, copy, modify or reformat the Website or the resources comprised within it nor take any action to remove or hide the display of copyright and other professional notices contained on the Website except to the extent permitted by law.
5.3 The Website and the resources comprising it are the copyrighted work and property of Childcare Centre Desktop. The Member or Authorised User will not use the Website in any way which may infringe the intellectual property rights (including but not limited to any right of copyright or any trade mark), any right of confidentiality, or any other proprietary interest, that Childcare Centre Desktop may have in the Website.
5.4 The Member or Authorised User acknowledges that the copyright and any other intellectual property rights in the Website remain with Childcare Centre Desktop or our licensors, and may not be used by them for any purpose other than their lawful use and in accordance with this Contract.
6.1 Childcare Centre Desktop will make all reasonable attempts to exclude viruses from the Website, but cannot guarantee that such attempts will be successful. The Member should, therefore, take such steps in respect of any such risk as are appropriate to its business.
7.1 Childcare Centre Desktop will not disclose Member or Authorised User information to anyone outside Childcare Centre Desktop unless such disclosure has been authorised by the Member or Authorised User or is otherwise required by law, regulation or an order of the Court.
7.2 Childcare Centre Desktop monitors, and is able to produce usage statistic reports (the “Reports”) relating to, individual Member’s or Authorised User’s access to the Website and the documentation included in the Website. The Reports are only available to Childcare Centre Desktop. The Reports are used by Childcare Centre Desktop to evaluate and improve the Website, and the products and services we provide.
8.1 Childcare Centre Desktop will not be liable for any incidental, indirect or special loss or damages (including without limitation loss of profits, business, goodwill or data) howsoever arising out of or incurred by the Member or Authorised User in connection with or relating to the Website regardless of whether the possibility of such damages was disclosed to, or could reasonably have been foreseen by it, and Childcare Centre Desktop shall not be liable for any loss or damages (including without limitation loss of profits, business, goodwill or data) howsoever arising or incurred by the Member or Authorised User in connection with or relating to the use of the Website by the Member or Authorised User in breach of this Agreement.
8.2 Nothing in this Agreement shall limit or exclude Childcare Centre Desktop’ liability for fraudulent misstatement, death or personal injury resulting from Childcare Centre Desktop’ negligence, or any other liability, the limitation or restriction of which is prohibited by law.
9.1 The contract between the Member, Authorised User and Childcare Centre Desktop is binding on all parties and on our respective successors and assigns. Members and Authorised Users may not transfer, assign, charge or otherwise dispose of the Contract, or any of their rights or obligations arising under it, without our prior written consent.
9.2 Childcare Centre Desktop may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
9.3 Contracts for access to the Website will be governed by Australian law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of Australian courts.