Terms & Conditions - Parent
1. Defined Terms
The following words have these meanings in this agreement:
1.1 Casual Placement (including “Vacancy”) means any placement being either a whole day or part thereof offered by a participating Centre via the Website.
1.2 Centre means the venue from which a Centre provides childcare services.
1.3 Centre Fee means any fee charged by a Centre for a Placement.
1.4 Government Assistance means any government assistance that you may be eligible for including but not limited to Child Care Benefit (CCB), Child Care Rebate (CCR) and Jobs, Education and Training (JET) Child Care Fee Assistance.
1.5 Bookings means any available placement, booked by you for a child with a participating Centre via the Website;
1.6 Website means the domain name www.KISSnGO.com.au and any associated websites and applications or similar as directed by us from time to time.
1.7 Terms and Conditions (including T&C’s) means these terms and conditions.
2.1 Please read the Terms and Conditions in full before you use the Service. If you do not agree to accept these Terms and Conditions, please do not use the Service. Using the Service implies that you accept these Terms and Conditions.
2.2 These Terms and Conditions govern your use of the Services provided by Smart Thinking Pty Ltd ABN 612 226 365 (herein referred to as 'us' or 'we'). By using the Services, you agree that these Terms and Conditions apply to you (referred to herein as 'you' or 'your').
2.3 Smart Thinking Pty Ltd ABN 612 226 365 provides a directory and booking service of participating childcare centres across Australia by displaying their centre information, available vacancies, prices and general information to enable you to make a booking via the Website in accordance with these Terms and Conditions. The Website and the services offered on it are referred to herein as the 'Services'.
3.1 In order to use the Services, you must register with us. You will need to provide personal information about yourself and the child for whom you are arranging a Placement or Placements. You acknowledge that any information you provide during the registration process is true, accurate, current and complete and you agree to update such information to keep it true, accurate, current and complete at all times.
3.2 If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to, and use of the Service and refuse to provide any current or future services to you.
3.3 You acknowledge that you are over 18 years old or otherwise are of legal age and capacity to form a binding contract and if you are acting on behalf of another person, you have the right to enter into this agreement on their behalf.
3.4 You warrant that you have the legal authority to provide information and book for the child for whom the booking is being made.
3.5 You understand that by making a booking via the Services that no legally binding agreement to offer a placement has been entered into and that you will satisfactorily complete all the relevant procedures and provide relevant documentation and pay the fee as prescribed by the website and each Centre.
3.6 You are allowed to create one account which will allow you to utilise the Services.
3.7 You agree to keep your login and a password safe. We are not liable for any damages resulting from loss, corruption or compromise of your user ID and/or password.
3.10 You acknowledge that you will be responsible for providing the Birth Certificate and Immunisation records and any other relevant and required documentation on arrival to each Centre for which you have made a placement booking. Failure to do so may result in the Centre not allowing the placement to take place and you acknowledge that no refund will be due.
4.1 You may use the Services solely for personal and non-commercial use only and for the purposes of making a Childcare booking with a Centre through the KISSnGO services.
4.2 The Services are provided on an 'as is' basis and we do not warrant the accuracy of the Services and are not responsible or liable for any errors or omissions that exist throughout the Services.
5. Modification to the Services
We reserve the right to modify or discontinue (temporarily or permanently) the Services (or any part thereof) with or without notice to you. We shall not be liable to you or any third party if we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Services as so modified.
6. Payment and taxes
6.1 If you make a booking through the Services, you acknowledge that:
6.1.1 Payment (if booking a Placement or Placements) will be payable by you at the time of booking the Placement and you authorise us to deduct the total fee (including credit card fees) from your credit card (as nominated by you);
6.1.2 You have sufficient credit on your credit card to pay the Fee and all other charges payable for use of the Services (if any);
6.1.3 We are not responsible for resolving any payment dispute that may arise between you and the Centre in relation to the Centre Fee or other monies (including but not limited to Government Assistance); and all Bookings are subject to the terms and conditions and policies of the Centre offering the Placement and you should read these (as well as the terms and conditions and policies of any Centre) prior to making a booking
6.1.4 All payments are in Australian dollars and are subject to the Goods and Services Tax ("GST").
6.1.5 We will process your payments using a secured payment gateway.
6.1.6 Prices and bookings provided on the Website are reserved for the period of time shown in the booking session on the Website and are subject to change without notice.
6.1.7 You acknowledge that we do not calculate, process or make any representations as to your eligibility or otherwise for Government Assistance in respect of a Placement and that it is your responsibility to enquire directly with the Centre or Centrelink.
6.1.8 You acknowledge that the processing of any Government Assistance is at the discretion of the Centre and should the Centre elect not to process the Government Assistance then you will be required to pay to the Centre the full Centre Fee.
7.1 You authorise us and our agents to:
7.1.1 disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card and identification details that you provide and to confirm that there is sufficient credit on your credit card account to meet authorised payments; and charge all fees incurred to the credit card designated by you.
7.2 If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due on demand. Once payment has been received, you agree not to seek to reverse or cancel such payment through your card issuer or its agents without our prior written consent.
8. User/parent Cancellation and Refund policy
8.1 User/Parent Cancellation and Refund Policy
8.1.1 In the event you want to cancel a Booking via the KISSnGO service, and the cancellation occurs more than three (3) clear business days prior to the date of Placement, you acknowledge that you will be entitled to a full refund.
8.1.2 In the event you cancel a Booking via KISSnGO, and the cancellation occurs in less than three (3) clear business days prior to the date of Placement, you acknowledge that we will refund 50% back to you.
8.1.3 In the event you want to cancel a Booking via KISSnGO, and the cancellation occurs on the date of placement, you acknowledge that there will be no refund.
8.2 Once you have booked and paid for a vacancy via the KISSnGO service you acknowledge that you are responsible for providing copies of the required documentation (Birth Certificate, up-to-date Immunisation records) upon arrival to the Centre. Failure to present these documents may prevent the centre from accepting your child/booking and therefore will not qualify for any refund whatsoever.
8.3 You acknowledge and agree that: any processing of Government Assistance (that you may be entitled to in relation to a Placement) is not undertaken by us but by the Centre at its sole discretion.
8.4 You acknowledge and agree that the Centre is not required to process any Government Assistance that you may be entitled to in relation to the Placement.
8.5 We will process all payments under this clause (other than the Government Assistance), and you irrevocably authorise us to deduct all amounts from your credit card details (as provided to us by you) pursuant to these Terms and Conditions.
8.6 It is acknowledged and accepted that any fees or part thereof that are refunded may take some time to process between all parties involved.
9. Centre Cancellation and Refund Policy
9.1 Centre Cancellation and Refund Policy
9.1.1 If for whatever reason the Centre is not able to accommodate the user and or the booking, it may cancel the booking not less than 2 days or 48hours prior to the arrival date of the user by giving written notice to both KISSnGO and the user via email or other means of communication
9.1.2 The Centre will endeavour to place the user on another day which has a sufficient number of places available; or
188.8.131.52 The Centre will re-schedule the booking for an alternate and mutually agreed time; or
184.108.40.206 The User will be reimbursed in full of any fees paid and;
220.127.116.11 The Centre will still be responsible for paying the booking commission to the service
18.104.22.168 The Centre will not be liable or responsible for any failure to provide its obligations if such failure is caused by a cause beyond its reasonable control, including but not limited to; government restrictions, flood, fire, riots, civil commotion and unsafe actions of the public, and will refund the user in respect of the service or part of the service it was prevented from performing
22.214.171.124 Regardless of clause 126.96.36.199, unfavourable weather conditions do not constitute a failure of the Centre to fulfil its obligations and do not entitle the user any refund.
10. Order Confirmation
Once your booking has been completed and you have made the payment, we will provide an invoice receipt to your nominated email address advising that your Placement has been booked with your selected Centre. You are not entitled to use the Placement until you have received the Order confirmation from us.
11. Your conduct
11.1 You agree to access and use the Services for their intended purpose only and to do so in good faith. It is your responsibility to check and fulfil the legal and health documentation requirements applicable to your booking at the relevant Centre/s. You must check requirements to your own specific circumstances. Requirements do change, please ensure your information is up to date and easily available.
11.2 You will be solely responsible for any cost, loss or damage which may be incurred as a result of a failure to obtain and provide all necessary documentation relating to Immunisation and Birth certificates (or any other health and regulatory formalities) as required by the terms and conditions of accepting children into their care by Centres
11.3 You agree to reimburse us in relation to any fines or other losses which we may incur as a result of your failure to comply with any legal requirements or formalities.
11.4 You are not permitted to:
11.4.1 access the Services and interfere with its availability by causing malicious and detrimental attacks in a manner that will cause harm and damage;
11.4.2 upload, type, cause, publish or link to material containing malicious and harmful computer codes, files, scripts, agents or programs or any other virus, worms and Trojan horses with the intent to or are capable of causing harm and damage;
11.4.3 access or attempt to access any of our servers that power the Services, third party services that are connected to the Services, local computers, data or any other computer systems that are concerned with the Services that are not made publicly by causing or attempting to cause any violation to the security and/or privacy of the Services;
11.4.4 reverse engineer or attempt to discover any proprietary information, server-side code or any underlying ideas that make up the Services;
11.4.5 plan, create, use or send any robot, spider or any other automated systems to monitor or scrape information from the Services or any of our customers to cause unnecessary overload or any method that is detrimental to the Services; or
11.4.6 reproduce any content found on or information contained in the Services, unless we have authorised you to do so in writing.
12. Centre Rating and Parent Reviews
We value user feedback, and encourage parents to post testimonials, ratings and reviews on the Website about their experiences.
12.1 You acknowledge and agree that:
12.1.1 the testimonials, reviews and ratings are for public and not private communication;
12.1.2 we do not endorse any comments, opinions or reviews made by anyone on this Website, and we do not review their accuracy or content, but we can, in our absolute discretion edit, refuse to post, or to remove testimonials, ratings or reviews from the Website where we deem them inappropriate, objectionable or otherwise in breach of this agreement;
12.1.3 any reviews posted must be factually true, and must be your genuine opinion based on your actual experience;
12.1.4 you will not post a testimonial, review or rating if you have been offered or received a monetary reward or any other form of compensation for submitting a review;
12.1.5 we can reproduce, distribute, transmit, create derivative works of and publicly display any materials and other information (including your name) that you submit to the Website or by email to us; and you take full responsibility for the testimonial, rating or review, or comment that you submit, publish or post to the Website and you shall indemnify us against all damages, losses and expenses incurred by us arising as a result of any material posted, submitted, or linked to our Website by you and subsequently published
12.1.6 we do not represent or guarantee the truthfulness, accuracy, or reliability of communications, testimonials, ratings or reviews posted by Users or endorse any opinions expressed by Users.
12.1.7 you acknowledge that any reliance on material posted by other users will be at your own risk.
13. Intellectual property
You acknowledge and agree that all works defined in the Copyright Act 1968, trademarks, patents, software, content and other proprietary information and rights are owned by their respective owners. You agree not to violate law, regulations or directives and cause detrimental harm to the respective owner by breaching or infringing their rights. You, as a user of the Services are given the right to use the Services in accordance with these Terms and Conditions. This agreement is not a sale and does not convey any rights of ownership in the Services.
14.1 You acknowledge and agree that:
14.1.1 your use of the Services is at your sole discretion and risk. The Services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
14.1.2 your booking at a particular centre is completely your choice and is at your sole discretion to utilise that particular centre’s services;
14.1.3 any material or information viewed or downloaded or otherwise obtained through the use of the Services is done at your own risk and that you are solely responsible for any damage to your computer(s) or for loss of data that results from the download of such material;
14.1.4 it is possible that information could be unlawfully observed or used by a third party while in transit over the internet or while stored on our systems or the Website. We disclaim all liability to you to the greatest extent lawfully possible should this occur, and you release us from all such liability;
14.2 We make no warranty that:
14.2.1 the Services will meet your requirements;
14.2.2 the Services will be uninterrupted, timely, secure, or error-free;
14.2.3 the results that may be obtained from the use of the Services will be uninterrupted, accurate, secure, correct, complete, reliable or available;
14.2.4 the quality of any products, services, information, or other material obtained by you through the Services will meet your expectations; and
14.2.5 any errors in the software will be corrected; and
14.2.6 no advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated in these Terms and Conditions;
14.2.7 you acknowledge that we cannot regulate, control or monitor any of the Centres. In the event of dispute between you and a Centre, you agree to release us from any breach or infringement a Centre may cause; and
14.2.8 you release us in the event a Centre overcharges you for a Placement or does not process Government Assistance or does not provide a Placement notwithstanding a booking has been made for a Placement or otherwise provides a Placement that you are not satisfied with for any reason whatsoever.
15. Relationship between the parties
Through this service, KISSnGO provides electronic, web-based platforms for exchanging information between users and Centre operators. KISSnGO additionally provides electronic web-based transaction platforms for users to place, accept, conclude and manage bookings for the provision of services provided. However, for any services, KISSnGO does not represent any party in the specific transactions. KISSnGO does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the Centre services offered on our site. Nothing in this agreement shall make one party the partner of the other party nor constitute any party the agent of the other or create any fiduciary relationship between them. No party shall have any authority to act on behalf of the other party. Where a party acts on behalf of any other without authority, such a party shall indemnify the other from any losses, claims, damages and liabilities arising there from.
16.1 To the maximum extent permitted by law, we are not liable however caused (including negligence) for any loss of income, loss of profits, loss of use, anticipated savings, loss of data, indirect, incidental or other consequential loss, punitive or indirect damages based on contract, equity, tort or otherwise arising out of or in connection with the use or inability to use the Services under this agreement.
16.2 You are responsible for your direct interaction and communication with a Centre in which you come in contact with by using the Services.
16.3 We do not have any obligation to monitor or manage any dispute between you and a Centre.
16.4 You acknowledge that we are not bound by any old, new or existing contract or agreement you may already have with a Centre.
16.5 You agree to release us, including our officers, directors, agents, subsidiaries, employees, shareholders, contractors and servants from any claims, demands or damages of any kind in nature, known or unknown, arising out of or in any way concerned with any dispute.
16.6 Under no circumstance are we liable for any loss or damage from any third-party intrusion or access to your computer as a result of using the Services.
16.7 Under no circumstances, will we or our officers, directors, agents, subsidiaries, employees, shareholders, contractors and servants be held responsible for any wrong doing or negligence, or any injuries conducted by and at a Centre and you acknowledge that we are independent from the Centre unless otherwise stated.
This agreement and the Services shall be governed by and enforced in accordance with the laws of the State of New South Wales, Australia and the Commonwealth of Australia and you agree to submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia and the Commonwealth of Australia. In the event that any proceedings are instituted in any Australian Federal Court you agree that such action shall be determined by that Court sitting in Sydney, New South Wales, Australia and you consent for any action instituted in any other place in Australia to be transferred to the Court sitting in Sydney.
18. Feedback and Electronic Communication
We welcome and encourage feedback, comments and suggestions for improvements to our service. You may submit Feedback by emailing us or by any other means of communication. Any feedback you submit to us will be considered non-confidential and non-propriety to you. By submitting feedback to us, you grant us a non-exclusive, royalty free, irrevocable, perpetual license to use and publish those ideas and materials for any purpose, without any compensation to you.
Visiting the site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the site, satisfy any legal requirements that such communication be in writing.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.