Please read this agreement carefully before accessing or using the Services offered by Clann Australia Pty Ltd (Clann) and on this Site (‘Services’).
This agreement sets out the terms and conditions under which you may use this Site (clann.com.au) or any of the Services.
By accessing or using the Services, you agree to be bound by the terms and conditions contained in this agreement. Clann may revise these terms and conditions at any time by updating this posting. You should visit this page periodically to review the terms and conditions as your continued use of this Web Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes and will be binding on you.
1. DEFINITIONS AND INTERPRETATION
1.1. In this Agreement:
'Booking Fee' means the fee charged at the time you book a Carer.
‘Agency’ means an agency or scheme representing one or more Carers or Child Care Providers
'Carers' means any person who is a carer of children and includes; babysitters, nannies, childminders, carers and au-pairs.
'Child Care Provider' and 'Child Care Service' includes creches, pre-schools, kindergartens, family day care, occasional care centres, before and/or after school care, vacation care and long day care centres.
'Parent' includes legal guardian and step-parent.
‘Site' and 'Website' mean the website hosted at Clann.com.au.
'Waitlist Fee' means the fee charged by Carers or Child Care Providers to place your child(ren)'s name(s) on a waiting list for enrolments.
'You' and 'User' means any individual or entity accessing this Site for any reason.
1.2. In this Agreement, unless the context otherwise requires:
(a) reference to a person includes any other entity recognised by law and vice versa;
(b) words importing the singular number include the plural number and vice versa;
(c) words importing one gender include every gender;
(d) any reference to any of the parties by the defined terms include that parties' executors, administrators or permitted assigns or being a company its successors or permitted assigns;
(e) references to currency are in Australian dollars; and
(f) headings are for convenience only and do not affect interpretation
2. PASSWORD AND LOGIN
2.1. When you become a registered user, you are provided with a password and login name. You agree to be entirely responsible for any, and all activities that occur under your login name.
2.2. You are entirely responsible for maintaining the confidentiality of your password and login. You may change your password at any time by following instructions published on the Site.
2.3. You agree to immediately notify Clann of any unauthorised use of your login name or any other breach of security known to you.
3. VENUE ONLY
3.1. The Site is a “venue only” platform, meaning that it acts only as a communications platform for enabling the connection and transactions between prospective employers of Carers ('Parents') and candidates seeking to provide child care Services. Clann takes reasonable steps to initially screen and vet each Candidate that applies to register their profile as a Carer or Child Care Provider on Clann.com.au. However, Clann does not screen or censor the listings offered on the Site. Clann is not involved in, or a party to, the transaction between Parents and Carers. All users including both Parent and Carers do hereby represent, understand and expressly agree that Clann 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.
3.2. Both Parents and Carers acknowledge that there is no employee-employer relationship or independent contractor relationship between the Carers and Clann.
3.3. The Site provides a listing of Carers and Child Care Providers located throughout Australia. We do not represent that this Site provides a complete list of Carers and Child Care Providers in a particular area. This listing is a free information service for our Users only. Vacancy information is provided by Carers and Child Care Providers on a voluntary and self-service basis. In addition, our Site enables Parents to join the waiting list for some of these Carers and Child Care Centres upon payment of any applicable Waitlist Fee. Waitlist Fees are set by Carers and Child Care Centres. You should make your own enquiries before completing the waitlist application or using the Services of any of the Carers and Child Care Providers listed on the Site, as Clann makes no representations about, nor will they be held liable for, the accuracy of the information provided, or the quality or availability of the Services they offer and provide. Accordingly, whilst the waitlist is a tool offered to Parents to assist in their child care search, it should not be relied upon as a Parent's sole avenue of locating available child care and Clann will not be responsible if a Parent is unable to secure care for their child.
4. NO REPRESENTATIONS OR WARRANTIES
4.1. Clann does not provide any representations or warranties relating to the Carers or the service provided by the Carers. Clann provides a referral service only. Clann takes steps to initially screen and vet each Candidate that applies to register their profile as a Carer or Child Care Provider on Clann.com.au. However; background reference checks or investigations related to Carers or the service to be provided by the Carers are the sole responsibility of the Parent.
4.2. Any enquiries regarding the wages and conditions of Carers, or information regarding background reference check should be referred to the Carer or Child Care Provider concerned.
4.3. Further, Clann makes no representations or warranties as to the online availability of its Site and database. Clann will not be responsible in any way for the continuous availability of the Site, the Services or information.
4.4. Clann will not moderate any information posted by any User on the Site except for circumstances where information is drawn to the attention of Clann via the Site and deemed as inappropriate by Clann in it’s sole discretion.
5.1. The Booking Fee and/or Waitlist Fee is determined by each individual Carer or Child Care Provider (or Agency representing them) and not Clann. The Carer's fees are determined by, and payable to each individual Carer.
5.2. The Carers and Child Care Providers on Clann.com.au have entered into an agreement with Clann for the payment of commission on Booking Fees and Waitlist Fees to be made to Clann. This commission is added to the fees determined by each Carer and Child Care Provider shown on the Site.
5.3. In the circumstance set out in clause 5.2, Clann deducts the commission from User payments made via the clann.com.au platform and the balance is received by the Carer or Child Care Provider.
5.4. In other circumstances Carers and Child Care Providers have entered into an agreement with Clann for the payment of User fees to be made directly into their own payment system and merchant facility. Neither of these arrangements affects the acknowledgments made elsewhere in this agreement regarding the legal relationship between the Parents, Carers and Clann.
5.5. If you have a concern or dispute regarding the Booking Fee and/or Waitlist Fee charged to you then the following procedures are to be followed:
(a) If you paid the Carer, Child Care Provider and/or Agency directly (and not via the Site) then you will need to contact the Carer, Child Care Provider and/or Agency direct. You should review the fees and refund policy at the time of booking for the Carer, Child Care Provider or Agency representing the Carer you have selected as you will be bound by that policy. You acknowledge that Clann has no control or influence over this policy or its implementation and is unable to intervene in disputes on your behalf or accept any liability in respect of such policy where payments have not been made via the Site.
(b) If you paid via the Site, then you should first contact the Carer, Child Care Provider and or Agency direct. If the matter is not resolved by the Carer, Child Care Provider and/or Agency you should then contact Clann who shall be the final arbiter of the disputes concerning the refund of the Booking Fee or Waitlist Fee. You agree to release Clann, 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 Clann in respect of, arising out of the exercise by Clann of its discretion stated herein.
6.1. You acknowledge that there are risks involved in suing this Site and the Services, 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 the Site and Services and hold Clann harmless in respect of the same.
6.2. All Users including both parents and Carers do hereby expressly agree not to hold Clann (or its agents, assigns, representatives, advertisers or employees) liable for any instruction, advice or Services delivered which originated through the Site and releases Clann from liability for any damages, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
7. RELEASE FROM LIABILITY
7.1. Parents covenant and agree to release Clann, 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 Clann in respect of, arising out of or resulting from the provision of any Services to the Parent by Carers, Child Care Providers and/or Agencies or from any other cause relating thereto, including but not limited to, the negligent acts of the Carers, Child Carer Providers and/or Agencies.
7.2. Carers release Clann, 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 Clann in respect of, arising out of or resulting from the actions of Clann or the release of the Carer's personal information on the Site.
7.3. Carers agree that the Clann shall not be liable to the 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 Clann.
7.4. The Carer acknowledges that under no circumstances shall Clann be liable for the setting or recovery of the Carer's fees.
8.1. Legislative Background
8.1.1. The Privacy Act 1988 protects personal information about individuals handled by organisations. Personal information is information or an opinion that identifies an individual or allows their identity to be readily worked out form the information. It includes information such as a person's name, address, financial information, marital status or billing details. Some personal information, including information about ethnicity, religion and health is considered to be sensitive.
8.1.2. You agree to allow Clann to collect personal information about you, including information that is considered to be sensitive.
8.2. Collection of data
8.2.1. In general, Clann automatically gathers certain usage information like the numbers and frequency of visitors to our Site. We only use such data in the aggregate. This collective data helps us to improve our service to you. We may also provide statistical (non-personal data) to our Clann partners and advertisers about how visitors use this Site.
8.2.2. We collect this automatic data as follows:
(a) Clann uses your IP address to help diagnose problems with our server, and to administer our Site. Your IP address is used to gather broad demographic information.
8.2.3. In addition, our Site's registration form requires Users to give us contact information (like their name, address, telephone, and email address) and to provide other photographs and documents to complete their profiles. In the event, that a User engages with a Carer, Child Care Provider and/or Agency via our Site then we will provide the User's contact and other profile information to the engaged Carer, Child Care Provider and Agency.
8.2.4. We also hold contact and personal and business information about Carers, Child Care Providers and/or Agencies required to complete profiles, and by providing your photographs, documents and details to Clann, the Carer, Child Care Provider and Agency authorises Clann to pass on the personal and business information to Parents that engage with them.
8.2.5. We may also use the information to send to Users information about our company and promotional material from some of our partners and/or advertisers. The contact information is also used to contact the user when necessary. Users may opt-out of receiving future mailings, or be removed from our database by contacting Clann.
8.2.6. Financial information that is collected is used to bill the user for Services. All confidential credit card information required by the Site is not read or saved by the Site but is simply passed on to VeriSign for processing via 128mb encrypted secure communications.
8.3.1. Other than as stated above, we do not use or disclose information about your individual use of this Site or your contact information to any outside parties.
8.4.1. Clann takes all reasonable steps to ensure the security of our systems. Any information which we hold for you is stored on secure servers that are protected in controlled facilities. In addition, our employees and the contractors who provide Services relating to our information systems are obliged to respect the confidentiality of any personal information held by Clann. However, except to the extent that there are remedies under government legislation, Clann will not be held responsible for any loss that may arise from unauthorised access to your personal information.
8.4.3. This Site also contains links to other sites. Clann is not responsible for the privacy practices or the content of such other sites.
8.4.4. Clann exercises all reasonable care to ensure that your information is secure on its system, however, the possibility exists that this information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on Clann.com.au. Clann accepts no liability that may arise should any other individuals obtain the information you submit to this Site.
9. ADVERTISERS AND THIRD PARTIES
9.1. Third party services and products either:
(a) linked to this Site; and/or
(b) advertised on this Site are the responsibility of the third party and their inclusion on this Site does not imply endorsement by Clann.
9.2. Clann 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. Clann 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 Clann. 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 intact all copyright and other proprietary notices.
11. NO GUARANTEES AS TO SERVICE
Clann does not warrant that the Site will operate error-free or that the web site and its server are free of computer viruses or other harmful mechanisms and You should take all reasonable precautions in respect of the same. Clann will not be responsible if your use of the Site or of the material therein results in the need for servicing or replacing of equipment or data.
12. SITE USAGE
12.1. Users are prohibited from violating or attempting to violate the security of the 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 Site, 'spamming' overloading, 'crashing' or otherwise engage in conduct which causes a threatened or actual nuisance to Users or to the Site;
(e) sSending 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.
12.2. Users may not use the Site 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; including, without limitation, Carers or Child Care Services;
(e) which comprises a chain letter or pyramid scheme;
(f) which misleads or may mislead other Users of the Site or any other person or entity as to the true identity of the User posting, transmitting, distributing, storing or destroying the relevant material;
(g) that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(h) which may be likely to deceive any person;
(i) which may infringe any copyright, or any intellectual property rights of any person;
(j) which is used to impersonate any person, or to misrepresent your identity or affiliation with any person.
12.3. Clann values user feedback, and in particular encourages parents to post testimonials, ratings and reviews on the Site about their experiences. You acknowledge and agree that:
(a) The testimonials, reviews and ratings are a means of public and not private communication;
(b) Clann does not endorse any comments, opinions or reviews made by anyone on this Website, and does not review their accuracy or content, but can, in its absolute discretion edit, refuse to post, or to remove testimonials, ratings or reviews from the Website it deems inappropriate, objectionable or otherwise in breach of this agreement;
(c) Any reviews posted must be factually true, and must be your genuine opinion based on actual first-hand experience;
(d) You will not post a testimonial, review or rating if you have been offered or received a monetary or non-monetary reward or any other form of compensation for submitting a review,
(e) You take full responsibility for the testimonial, rating or review, or comment that you submit, publish or post to the Site;
(f) Clann can reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including your name, ideas for new or improved products and Services) that you submit to the Site or by email to Clann.
(g) You shall indemnify to Clann against all damages, losses and expenses incurred by Clann arising as a result of any material posted, submitted, or linked to our Site by You and subsequently published
12.4. Clann does 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. You acknowledge that any reliance on material posted by other users will be at your own risk.
13. GENERAL PROVISIONS
13.1. 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.
13.2. 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.
13.3. 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.
13.4. This agreement shall be governed by the laws of the state of Victoria, Australia and the parties submit to the jurisdiction of the courts within that State.
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