We may disclose that information to child care providers and third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services. We may also disclose your personal information to suppliers, subsidiaries, partners and care service providers that are located outside of Australia, such as those located in the US, UK, EU and NZ. This is only done where it is necessary to perform a task that is important to our Services.
In these Terms, 'us', 'we' and 'our' means Vacancy.care Pty Ltd.
You must be a registered member to access certain features of our Site and Services.
When you register and activate your account, we will provide you with a username and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
To create an account, you must be:
- at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us; and
- agree and warrant to use the Site and Services in accordance with these Terms.
We may disclose that information to child care providers and third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services. We may also disclose your personal information to recipients that are located outside of Australia, including to suppliers, partners and subsidiaries located in the US, UK, EU and NZ.
- how we store and use, and how you may access and correct your personal information;
- how you can lodge a complaint regarding the handling of your personal information; and
Accuracy, completeness and timeliness of information
The information on our Site is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the Site. You should monitor any changes to the information contained on the Site.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Site or a linked website.
We may, from time to time and without notice, change or add to the Site (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Site updated. We are not liable to you or anyone else if errors occur in the information on the Site or if that information is not up-to-date.
Parent Registered Absences & Bookings
All Absences and Bookings where completed through the Site by Parent members are considered final and you agree to the individual terms of the relevant care provider. You agree that you have sought access to, understand and accept in totality those terms as well as the terms contained herein. Any issues or support required for those Absences and Bookings should be made directly with that care provider. You agree that Vacancy.care has no legal responsibility to you with respect to either Absences or Bookings.
If Vacancy.care pay Parent members an amount, it will be to a nominated bank account that you define through our Site and you may be sent a recipient created tax invoice. The payment amount may include taxes, such as goods and services tax, and you may have to seek out your own individual advice relating to these payments.
Vacancy.care, in its complete discretion, may from time to time decide to pay Parent members a fee for registering an Absence through the Site and Services, which is booked and paid by other parents, or, by way of a reward for introducing the Service to new care providers who use the Site and Services beyond a certain base level. Our ability to pay an amount depends upon the actions, timing and payments of the individual care providers that relate to the Absence and Booking. Payments may also differ by care providers and by time of notification and our policy on this will change from time to time. No correspondence will be entered into and the decision is final.
Vacancy.care does not endorse any parent, child, care provider, or availability of any care. We are not responsible for any damage or harm resulting from your interactions with other members. Nor is there any agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of others, such as care provider, related to the Site and Services will be limited to a claim against the particular other who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Vacancy.care with respect to such actions or omissions. Accordingly, we encourage you to communicate directly.
As care bookings and absences are agreed and governed by terms between you and a third party of your choosing, all agreements are final and Vacancy.care is not responsible for any element or dispute which arises out of this relationship. If you have an issue, we encourage you to make contact with the other party in order to communicate and resolve as quickly and as amicably as possible. If you believe that any issue has not been dealt with appropriately professional behaviour, then we encourage you to use our Contact Us page to make contact to see if we can help resolve the problem. Note that any illegal or criminal activity should be immediately reported to the police and appropriate authorities.
Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on the Site (Content).
Your use of the Site and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, copying the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of the Site, the Content or any part of it is prohibited, except to the extent permitted by law.
You grant to Vacancy.care an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Site for the purpose of including that material and information on the Site and as otherwise may be required to provide and promote the Services.
Accuracy & Unacceptable activity
You agree that any information posted on the Site must not, in any way whatsoever, be potentially or actually harmful to any person and be honest, accurate and supported by valid legal evidence if required.
You must not do any harvesting of information from the Site or act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the Site, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
- using the Site to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to any property;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to the Site, we have the right to take down this information at our sole discretion and without notice.
Any members who breach these terms may have their accounts moderated, suspended or deactivated.
Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Site, our Services or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the Site will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to the Site and Services, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense - irrespective of the manner in which it occurs - which may be suffered due to your use of the Site and/or the information or materials contained on it, or as a result of the inaccessibility of the Site or Services and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Vacancy.care may from time to time change the terms applying to their Site and Services, including Care Provider Terms. Any change is effective fourteen (14) days after we notify of you the change or sooner if you use our Services and Site and you acknowledge any change and confirm your agreement to our Terms as varied.
Termination & Notices
Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Vacancy.care's contact address as displayed on the Site, or to members contact address as provided at registration. Any notice shall be deemed given if sent by email 24hours after sent, or on the 7th day after posting.
Either party may terminate an account and this Agreement at any time for any reason. This does not affect any current Absences or Bookings which have already been registered and as such any provisions covering fees, liability and other terms which by their nature should continue to apply, will survive termination.
Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales. The provisions of this Agreement are severable and may be assigned or novated by Vacancy.care to a third party without requiring prior consent.