Empty Spot Childcare
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Terms and Conditions for Users (Parents)

  1. Defined Terms

    1. Defined Terms

      The following words have these meanings in this agreement:
      1. Casual Placement means any placement being either a whole day or part thereof offered by a participating Centre via the Website.
      2. Centre means the venue from which a Centre provides childcare services.
      3. Centre Fee means any fee charged by a Centre for a Placement.
      4. Deposit means $15 (AUD) (GST exclusive) subject to review in accordance with these Terms and Conditions.
      5. 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.
      6. Permanent Placement means any placement being either a whole day or part thereof offered by a participating Centre on a permanent basis via the website.
      7. Placement (including "book a Placement") means:
        1. in respect of a Casual Placement any available placement, being either a whole day or part thereof booked by you for a child with a participatin Centre via the Website; and
        2. in respect of a Permanent Placement, an enquiry or a tour booked by you with a childcare provider in respect of a participating Centre.
      8. Terms and Conditions means these terms and conditions.
      9. Website means the domain name www.emptyspot.com.au and any associated websites and applications or similar as directed by us from time to time.

  2. General

    1. Empty Spot Pty Ltd ACN 159 697 720 provides a directory of participating childcare centres across Australia by displaying their information including placement availability, prices and general information to enable you to book a Placement 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'.
    2. These Terms and Conditions govern your use of the Services provided by Empty Spot Pty Ltd ACN 159 697 720 (referred to herein 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').
    3. Please read the Terms and Conditions in full before you use the Services. If you do not accept these Terms and Conditions, please do not use the Services. Using the Services implies that you accept these Terms and Conditions.
    4. These Terms and Conditions may be varied by notice from time to time and in continuing to use the Services you agree to the varied terms as published from time to time. Electronic notice on the Website is good notice and deemed notice of any changed terms of use binding on you which you can and must read each time you use the Services.

  3. Registration

    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.
    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 Services, and refuse to provide any current or future services to you.
    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.
    4. You warrant that you have legal authority to book (or arrange) a Placement for the child for whom the Placement is being booked (or arranged).
    5. You understand that by booking (or arranging) a Placement via the Services that no legally binding agreement to offer a placement has been entered into and that you must contact and satisfactorily complete all the relevant procedures prescribed by the Centre.
    6. You are allowed to create one account which will allow you to utilise the Services.
    7. Upon completion of registration, we will provide you with a login and a password which you must keep safe. We are not liable for any damages resulting from loss, corruption or compromise of your user ID and/or password.
    8. Please read our Privacy Policy for details on how we will manage your details.
    9. You agree that we may use or disclose your personal information which you have provided to us in accordance with our Privacy Policy.
    10. You consent to us supplying all or any part of your identification information to third parties with whom you enter into transactions using the Services. You accept that the recipients of this disclosure may not have in place privacy policies equivalent to our Privacy Policy.

  4. Services

    1. You may use the Services for personal and non-commercial use only for the purposes of researching and/or booking or arranging a Placement or Placements with a Centre through the Services.
    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

    1. 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

    1. If you book (or arrange) a Placement through the Services, you acknowledge that:
      1. a Deposit (if booking a Casual Placement or Placements) will be payable by you at the time of booking the Placement and you authorise us to deduct the Deposit from your credit card (as nominated by you);
      2. you have sufficient credit on your credit card to pay the Deposit and all other charges payable for use of the Services (if any);
      3. it is your sole responsibility to pay the Centre Fee to the Centre that is to provide the Placement at the time of arrival at the Centre or otherwise in accordance with the directions of the Centre;
      4. 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
      5. all Placements 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 booking or arranging a Placement.
    2. All payments are in Australian dollars and may be subject to the Goods and Services Tax ("GST").
    3. We will process your payments using a secured payment gateway and encrypt any payment with Transport Layer Security ("TLS").
    4. 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.
    5. 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. 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. Permanent Placements

    1. Participating Centres may show their available Permanent Placements at their respective Centres on the Website in respect of which you may:
      1. send an enquiry to the Centre; and
      2. book a tour of the Centre ('Tour').
    2. In using this feature of the Service, you acknowledge that:
      1. no legally binding agreement to offer a Placement or Tour has been entered into and that it is your sole responsibility to contact and satisfactorily complete and comply with all the relevant procedures or requirements of the Centre;
      2. if any fees or charges associated with a Permanent Placement or Tour are charged by a Centre, then it is your sole responsibility to pay these fees and charges to the Centre in accordance with the directions of the Centre;
      3. we are not responsible for resolving any payment dispute that may arise between you and a Centre in relation to the Centre Fee or other monies (including but not limited to Government Assistance);
      4. all Placements are subject to the terms and conditions and policies of the Centre offering the Placement and you should read these prior to proceeding arrange a Placement;
      5. Centres display their availabilities and we do not warrant that these placements will be available to you; and
      6. we act as an intermediary and only display and advertise availabilities as directed by the Centre which may or may not be accurate.
    3. You acknowledge that we do not calculate, process or make any representations as to the Centre Fee for Permanent Placements.
    4. 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.
    5. You acknowledge that the processing of any Government Assistance is at the discretion of the Centre.

  8. Authority

    1. You authorise us and our agents to:
      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
      2. charge all fees incurred to the credit card designated by you. 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.

  9. Cancellation and Refund policy

    1. You acknowledge and agree:
      1. the Deposit is non-refundable; and
      2. we are not responsible for and do not make any representations about the refund policy of a Centre or your eligibility for a refund in the event you are not able to use a Placement for any reason.
    2. In the event you cancel a Placement booked via the Services, and the cancellation occurs:
      1. not less than three (3) clear business days prior to the date of Placement, you acknowledge that we will retain the whole of the Deposit;
      2. less than three (3) clear business days prior to the date of Placement, you acknowledge that we will retain the whole of the Deposit; and the following shall apply:
        1. if you are entitled to Government Assistance (and the Centre agrees to process the Government Assistance), you acknowledge that you must pay to us:
          1. an amount equal to the gap between the Centre Fee and any Government Assistance that may be received by the Centre for that Placement less the Deposit paid by you; and
          2. a cancellation fee of $15 (AUD).
        2. if you are entitled to Government Assistance (and the Centre does not agree to process the Government Assistance), you acknowledge that you must pay to us:
          1. an amount equal to the Centre Fee less the Deposit; and
          2. a cancellation fee of $15 (AUD).
        3. if you are not entitled to Government Assistance, you acknowledge that you must pay to us:
          1. an amount equal to the Centre Fee less the Deposit; and
          2. a cancellation fee of $15 (AUD).
    3. You acknowledge and agree that:
      1. 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.
      2. 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.
    4. We will process all payments under this clause 8 (other than the Government Assistance payable to the Centre), 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.

  10. Delivery

    1. Once your booking has been completed and you have paid the Deposit, we will provide an invoice receipt to your nominated email address advising that your Placement has been booked with your selected Centre.
    2. You are not entitled to use the Placement until you have paid the Centre Fee to the Centre (unless otherwise agreed between you and the Centre).

  11. Your conduct

    1. You agree to access and use the Services for their intended purpose only and to do so in good faith.
    2. You are not permitted to:
      1. access the Services and interfere with its availability by causing malicious and detrimental attacks in a manner that will cause harm and damage;
      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;
      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;
      4. reverse engineer or attempt to discover any proprietary information, server side code or any underlying ideas that make up the Services;
      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
      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

    1. We value user feedback, and encourage parents to post testimonials, ratings and reviews on the Website about their experiences.
    2. You acknowledge and agree that:
      1. the testimonials, reviews and ratings are for public and not private communication;
      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 the same inappropriate, objectionable or otherwise in breach of this agreement;
      3. any reviews posted must be factually true, and must be your genuine opinion based on your actual experience;
      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;
      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
      6. 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.
    3. 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. You acknowledge that any reliance on material posted by other users will be at your own risk.

  13. Intellectual property

    1. You acknowledge and agree that all works defined in the Copyright Act 1968 (Cth), 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.
    2. 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. Disclaimers

    1. You acknowledge and agree that:
      1. your use of the Services is at your sole 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;
      2. 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;
      3. 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;
      4. we make no warranty that:
        1. the Services will meet your requirements;
        2. the Services will be uninterrupted, timely, secure, or error-free;
        3. the results that may be obtained from the use of the Services will be uninterrupted, accurate, secure, correct, complete, reliable or available;
        4. the quality of any products, services, information, or other material obtained by you through the Services will meet your expectations; and
        5. any errors in the software will be corrected; and
        6. any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;
      5. 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;
      6. you acknowledge that we cannot regulate, control or monitor any of the Centres. In the event of a dispute between you and a Centre, you agree to release us from any breach or infringement a Centre may cause; and
      7. 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. Limitations

    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.
    2. You are responsible for your interaction and communication with a Centre in which you come in contact with by using the Services.
    3. We do not have any obligation to monitor or manage any dispute between you and a Centre.
    4. You acknowledge that we are not bound by any contract or agreement you may have with a Centre.
    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.
    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.
    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 conducted by a Centre and you acknowledge that we are independent from the Centre unless otherwise stated.

  16. Jurisdiction

    1. This agreement and the Services shall be governed by and enforced in accordance with the laws of the State of South Australia and the Commonwealth of Australia and you agree to submit to the non-exclusive jurisdiction of the Courts of the State of South 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 Adelaide, South Australia and you consent for any action instituted in any other place in Australia to be transferred to the Court sitting in Adelaide.