REGISTRATION TERMS AND CONDITIONS

Prior to listing your childcare centre on our on-line directory located at www.childcarenow.com.au (“website”) you must agree to the following terms and conditions (“Terms”).

These Terms apply to all of the services provided by ChildCareNow.com Pty Ltd ACN 105 524 132 (“ChildCareNow”) to any person or legal entity (“You” or “Your”) in connection with listing your childcare centre on its’ website. 

1. Free Trial Period

1.1.  ChildCareNow will offer You a one-month trial period where ChildCareNow will list your childcare centre on the website at no charge to You.

1.2.  Upon the expiry of the free one-month trial period subject to You paying ChildCareNow the directory listing charge and complying with these Terms, Your childcare centre will continue to be listed on the website.

2. Publication of Listings

2.1.  Upon Your acceptance of these Terms, which is indicated by You clicking on the “I agree” icon located at the bottom of these Terms and providing ChildCareNow with Your listing details, ChildCareNow will endeavour to list Your childcare centre on the website within two normal business days.

2.2.  ChildCareNow has a right at any time to remove Your listing on the website if in its reasonable opinion You have breached any of these Terms.

2.3.  These Terms nor any verbal quotation by ChildCareNow will represent an offer to list Your childcare centre on the website and a binding contract in relation to a request by You to have Your childcare centre listed on this website will only be formed between You and ChildCareNow when these Terms have been accepted by You pursuant to Clause 2.1.

2.4.  You agree that in order for Your childcare centre to be listed on the website that the representation of Your listing on the website must adhere to the format supplied to You by ChildCareNow.

3.  Warranties

You warrant to ChildCareNow that the listing of Your childcare centre on ChildCareNow’s website will not breach or infringe: -

• The Trade Practices Act (C’th) and all relevant State and Territories Fair Trading Acts;

• State and Commonwealth anti-discriminatory and equal opportunity legislation;

• Any third party’s intellectual property rights;

• Any law of contempt of any Court, Tribunal or Commission;

• The Privacy Act (C’th); and

• Any other laws including but not limited to any Federal, State or Local Government Acts, laws, statutes, delegated legislation, rules and ordinances.

4.  State Government Licensing

It is a fundamental condition of these Terms that at all times Your childcare centre is registered with the relevant government licensing authority in Your State.

5.  Errors

5.1.  Whilst ChildCareNow will use its best endeavours to ensure that Your listing on its website is accurate, You are required to promptly advise it of any errors contained in the listing of Your childcare centre on the website.

5.2.  ChildCareNow does not accept responsibility for any errors in the listing of Your childcare centre if You provide these details over the telephone.

5.3.  You warrant that You will use Your best endeavours to ensure that the information accessible by the public on the website in connection with Your childcare centre is up to date at all times to avoid the risk that:

• a member of the public may either book a place for a child to attend Your centre that is not available; and

• to avoid the risk that a member of the public may be denied a booking when a place was available

based on inaccurate information that appears in connection with the listing of Your childcare centre on the website.

6.  Indemnity

You agree to indemnify ChildCareNow, its officers, employees and agents against all claims, liabilities, proceedings, losses, damages, expenses and costs (including legal expenses on a solicitor own client basis) that it suffers or incurs in connection with Your breach of any of these Terms and warranties contained in these Terms.

7.  Listing Rates

7.1.  ChildCareNow’s listing rates are $45.00 per month (exclusive of GST) payable six months in advance by cheque, Visa, Bankcard, Mastercard, bank draft or money order.

7.2.  ChildCareNow will send an invoice to You for its listing rates set out in the previous sub-clause prior to the expiry of the initial trial period and every subsequent six-month term. ChildCareNow may alter its listing rates referred to in the previous sub-clause on providing You with 30 days notice of a change to these rates, although this change will only alter any renewal payment required to be made by You.

7.3.  The listing rates referred to under Clause 7.1 are payable no later than 7 days prior to the expiry of the initial trial period and any subsequent six month term.

7.4.  ChildCareNow may remove the listing of Your childcare centre from the website if cleared funds are not received from You within 14 days after Your obligation to pay the listing rate arises pursuant to these Terms.

>8.  Uploading information

8.1.  You acknowledge and agree that it is essential for the operation of ChildCareNow’s website that You ensure that all information contained on the website is accurate and up to date at all times.

8.2.  You agree that You will at all times be responsible for keeping your log in ID and password secret and responsible for the entering of the data in connection with Your childcare centre on the website.

9.  Liability of ChildCareNow

9.1.  You acknowledge and agree that You have not relied on any advice given or representation made by or on behalf of ChildCareNow in connection with the listing of Your child care centre on the website.

9.2.  To the greatest extent permitted by law, ChildCareNow excludes all implied conditions and warranties from these Terms and to the extent that they cannot be excluded at law, ChildCareNow shall expressly not be liable to You for any consequential, special and indirect loss and damage.

9.3.  ChildCareNow shall not be liable to You for any loss, damage or liability arising from a failure of the World Wide Web or any telecommunications structure or for any delay, error or omission in having Your childcare centre listed on the website.

9.4.  ChildCareNow’s total liability to You pursuant to these Terms and for a breach of any condition or warranty that cannot lawfully be excluded from these Terms (at ChildCareNow’s option) shall be to: -

• re-supply the service of listing Your childcare centre on the website; or

• paying for the cost of having Your childcare centre listed on the website.

10.  Privacy

10.1.  You consent to any information in connection with Your listing on the website that You provide to ChildCareNow being published on the website.

10.2.  If Your business is operated by a partnership, You are providing the consent referred to in the previous sub-clause for all Your partners and promise that You have the authority to do so.

11.  General

11.1.  These Terms represent the entire agreement between You and ChildCareNow and cannot be varied except in writing by an authorised officer or representative of each of the parties.

11.2.  If any of these Terms is or becomes for any reason invalid or unenforceable at law, the validity and enforceability of the remainder of the Terms shall continue to be of full force and effect.

11.3.  The laws in the State of Victoria, Australia govern these Terms and You submit to the exclusive jurisdiction of the Courts of that State and to the Federal Court of Australia sitting in Victoria.