Local Child Care (Northern Beaches Local Child Care Directory)
1. Definitions And Interpretation
1.1 In this Agreement:
- "Carers" includes babysitters, nannies, carers and au-pairs with or without formal qualifications.
- "Child Care Centre" includes crèches, pre-school centres, kindergartens, family day care, occasional care centres, and long day care centres.
- "Parent" includes natural parent, guardian and step-parent
- "Site" and "Website" mean www.northerbeacheschildcare.com.au
- "You" and "User" means any individual or entity accessing this Site for any reason.
- "Local Child Care (LCC)" refers to the owner and developer of the Northern Beaches Local Child Care Directory
2. Venue Only
2.1 northernbeacheschildcare.com.au is a portal that acts as a communications platform for enabling the connection between "Parents" and candidates seeking to provide child care services via Childcare centres as well as communicating to the Parents through a Newsletter. Local Child Care (LCC) does not screen or censor the listings offered by the Child Care Systems. LCC (The Northern Beaches Local Child Care Directory) does not act as an agent for the Childcare Centres, nor are we involved in the actual transaction between Parents and Carers. All users including both Parent and Carers do hereby represent, understand and expressly agree that LCC (Northern Beaches Local Child Care Directory) does not have control over the quality, timing, safety, legality or any other aspect whatsoever of the truth or accuracy of the information posted, the services actually delivered by the Carers, nor the integrity, or responsibility for any of the actions whatsoever of the Parents and Childcare Centres.
2.2 Both Parents and Child Care Centres acknowledge that there is no employee-employer relationship or independent contractor relationship between the Carers and LCC (Northern Beaches Local Child Care Directory).
2.3 This Website provides a listing of Child Care Centres located in the Western areas of Sydney. This listing is an information service for our Users only and Child Care Centres have not been screened or endorsed by LCC (Northern Beaches Local Child Care Directory). In addition, our Website enables Parents to join the mailing list to receive up to date information on vacancies and other relevant information via a newsletter. You should make your own enquiries before using the services of any of the Child Care Centres listed on the Website, as LCC (Northern Beaches Local Child Care Directory) makes no representations about the accuracy of the information provided, or the quality or availability of the services they provide.
3. No Representations Or Warranties
3.1 LCC (Northern Beaches Local Child Care Directory) does not provide any representations or warranties relating to the Childcare Centres / Carers or the service provided including any of the items referred to in Clause 2.1. LCC (Northern Beaches Local Child Care Directory) provides a referral service only and background reference checks or investigations related to Child Care Centres / Carers or the service to be provided by the Child Care Centres / Carers are the sole responsibility of the Parent.
3.2 Any enquiries regarding the wages and conditions of Child Care Centres / Carers, or information regarding background reference check should be referred to the Childcare Centre concerned.
3.3 Further, LCC (Northern Beaches Local Child Care Directory) makes no representations or warranties as to the online availability of its website and database. LCC (Northern Beaches Local Child Care Directory) will not be responsible in any way for the availability of the website services and information.
4.1 Fees are determined by each individual Agency representing a Carer or Child Care Centre and not LCC (Northern Beaches Local Child Care Directory). The Carer's fees are determined by, and payable to each individual Carer.
4.2 If you have a concern or dispute regarding:
(a) The fees charged to you as a Parent
(b) the service provided by the Carer or Child Care Centre; or
(c) the fees paid to you as a Carer,
then you should direct those concerns to the relevant Agency or Child Care Centre.
5.1 It is noted that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons, or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through northernbeacheschildcare.com.au.
5.2 All Users including parents, Childcare Centres and Carers do hereby expressly agree not to hold LCC (Northern Beaches Local Child Care Directory) (or its agents, assigns, representatives, advertisers or employees) liable for any instruction, advice, services delivered or any other conduct which originated through the northernbeacheschildcare.com.au Website and releases LCC (Northern Beaches Local Child Care Directory) from liability for any damages, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, therefrom.
6. Release From Liability
6.1 All users including Parents release LCC (Northern Beaches Local Child Care Directory), its successors and assignors, as well as its officers and agents, from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which they may have, or but for this Agreement would or might at any time hereafter have or have had against LCC (Northern Beaches Local Child Care Directory) in respect of, arising out of or resulting from the provision of any services to the Parent by Childcare Centres / Carers or from any other cause relating thereto, including but not limited to, the negligent acts of the Childcare Centres / Carers.
6.2 The Childcare Centres / Carer release LCC (Northern Beaches Local Child Care Directory), its successors and assigns, as well as its officers and agents, from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which they may have, or but for this Agreement would or might at any time hereafter have or have had against LCC (Northern Beaches Local Child Care Directory) in respect of, arising out of or resulting from the actions of LCC (Northern Beaches Local Child Care Directory) or the release of the Childcare Centre / Carer's personal information on the Website.
6.3 The Childcare Centre / Carers agree that the LCC (Northern Beaches Local Child Care Directory) shall not be liable to the Childcare Centre / Carer or to any other person, for incidental or consequential losses, damages, or expenses, directly or indirectly arising from any action or omission by either a Parent, an Agency or LCC (Northern Beaches Local Child Care Directory).
6.4 The Childcare Centre / Carer acknowledges that under no circumstances shall LCC (Northern Beaches Local Child Care Directory) be liable for the Childcare Centre / Carer's fees.
7. Advertisers And Third Parties
7.1 Third Party services and products either:
(i) linked to this website; and/or
(ii) advertised on this website are the responsibility of the third party and their inclusion on this website does not imply endorsement by LCC (Northern Beaches Local Child Care Directory).
7.2 LCC (Northern Beaches Local Child Care Directory) is not responsible for the content of Third Party websites or advertisements and does not make any representations regarding the content or accuracy of materials on such Third Party websites or advertisements. LCC (Northern Beaches Local Child Care Directory) will not be liable for any damages or loss arising in any way out of or in connection with any information or third party service provided.
The material on this site, such as texts, graphics, images, html codes and other material (collectively the "Material") are protected by Australian and international copyright Laws and remain the property of the site owned and operated by LCC (Northern Beaches Local Child Care Directory). You may not sell or modify the Material or copy, reproduce, display, upload, distribute or otherwise use the Material in any way for any public or commercial purpose. You may download material from this site for your personal, non-commercial use provided you keep in tact all copyright and other proprietary notices.
9. No Guarantees As To Service
LCC (Northern Beaches Local Child Care Directory) does not warrant that the web site will operate error-free or that the web site and its server are free of computer viruses or other harmful mechanisms. LCC (Northern Beaches Local Child Care Directory) will not be responsible if your use of the site or of the Material results in the need for servicing or replacing of equipment or data.
10. Site Usage
10.1 Users are prohibited from violating or attempting to violate the security of the Web site, including, without limitation:
(a) accessing data not intended for such User;
(b) logging into a server or account which the User is unauthorised to access;
(c) attempting to test the vulnerability of a system or network or to breach authentication processes;
(d) attempting to interfere with a service to any user, host or network by submitting a virus to the Website, "spamming" overloading, "crashing" or otherwise engage in conduct which causes a threatened or actual nuisance to Users or to the Website;
(e) Sending unsolicited e-mail, including advertising or promotional material; or
(f) Forging any TCP/IP packet header or any part of the header information in any e-mail or testimonial posting.
10.2 Users may not use the Website in order to post, transmit, distribute, store or destroy material:
(a) in violation of any applicable law or regulation;
(b) in a manner which will infringe the copyright, trademark or other intellectual property rights of others;
(c) which violates the privacy, publicity or other personal rights of others;
(d) that is defamatory, obscene, threatening, abusive, hateful or embarrassing to another User or any other person or entity;
(e) which comprises a chain letter or pyramid scheme; or
(f) which misleads or may mislead other Users of the Website or any other person or entity as to the true identity of the User posting, transmitting, distributing, storing or destroying the relevant material.
10.3 LCC (Northern Beaches Local Child Care Directory) values User feedback, and in particular encourages Parents to post testimonials on the Website about their experiences. You acknowledge and agree that:
(a) The testimonials are a means of public and not private communication;
(b) LCC (Northern Beaches Local Child Care Directory) can, in its absolute discretion edit, refuse to post, or to remove testimonials from the Website it deems inappropriate, objectionable or otherwise in breach of clause 12.1 or 12.2 of this agreement; and
(c) LCC (Northern Beaches Local Child Care Directory) can reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Site or by email to email@example.com
10.4 LCC (Northern Beaches Local Child Care Directory) does not represent or guarantee the truthfulness, accuracy, or reliability of communications or testimonials posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other users will be at your own risk.
11. General Provisions
11.1 It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressed in it. Furthermore, it is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt with in it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument.
11.2 The invalidity or unenforceability of any provision of this Agreement shall not invalidate or render unenforceable the remaining provisions of this Agreement, but rather the void, illegal or invalid provision or provisions shall to the extent possible be severed from this Agreement and the remaining provisions shall continue in full force and effect, provided that the basic and underlying nature, purpose and intent of this Agreement is not materially altered.
11.3 The rights and obligations of the parties hereto shall not merge upon completion of any transaction contemplated by this Agreement but shall survive the execution and delivery of any instrument entered into for the purpose of completion.
11.4 This Agreement shall be governed by the laws of the state of New South Wales, Australia and the parties submit to the jurisdiction of the Courts within that State.