Terms and Conditions of Use
1. Definitions And Interpretation
1.1 In this Agreement: 'Booking Fee' means the fee charged by Agencies at the time you book a Carer. 'Carers' includes babysitters, nannies, carers and au-pairs. 'Child Care Provider' and 'Child Care Service' includes home-based care, kindergartens, before and/or after school care, vacation care Te Kohanga Reo, Playcentres, Playgroups and education and care centres. 'Parent' includes guardian and step-parent Site' and 'Website' mean CareforKids.co.nz 'Waitlist Fee' means the fee charged by 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 New Zealand dollars; (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 CareforKids.co.nz.
2.3 You agree to immediately notify Care For Kids New Zealand of any unauthorised use of your login name or any other breach of security known to you.
3. Venue Only
3.1 CareforKids.co.nz is a venue only and acts as a communications platform for enabling the connection between prospective employers of Carers ('Parents') and candidates seeking to provide child care services via Agencies. Care For Kids New Zealand does not screen or censor the listings offered. Care For Kids New Zealand is not involved in the actual transaction between Parents and Carers. All users including both Parent and Carers do hereby represent, understand and expressly agree that Care For Kids New Zealand 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 Care For Kids New Zealand.
3.3 This Website provides a listing of Child Care Providers located throughout New Zealand. We do not represent that this Website provides a complete list of Child Care Providers in a particular area, although Child Care Providers are welcome to list themselves on the Site free of charge. This listing is a free information service for our Users only and these Child Care Providers have not been screened or endorsed by Care For Kids New Zealand. Vacancy information is provided by Child Care Providers on a voluntary and self service basis. In addition, our Website enables Parents to join the waiting list for some of these Child Care Providers upon payment of any applicable Waitlist Fee. Waitlist Fees are set by Child Care Providers and are beyond the control of Care for Kids. You should make your own enquiries before completing the waitlist application or using the services of any of the Child Care Providers listed on the Website, as Care For Kids New Zealand makes no representations about the accuracy of the information provided, or the quality or availability of the services they provide. Accordingly, whilst Vacancy Alert 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.
4. No Representations Or Warranties
4.1 Care For Kids New Zealand does not provide any representations or warranties relating to the Carers or the service provided by the Carers. Care For Kids New Zealand provides a referral service only and 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 Agency or Child Care Provider concerned.
4.3 Further, Care For Kids New Zealand makes no representations or warranties as to the online availability of its website and database. Care For Kids New Zealand will not be responsible in any way for the availability of the website services and information.
4.4 Care For Kids New Zealand will not moderate any information posted by any User on the Website except for circumstances where information is drawn to the attention of Care for Kids New Zealand as inappropriate by a User.
4.5 Not all child care service providers may be represented in our referral services Child Care Connect and Child Care Concierge.
5.1 The Booking Fee and/or Waitlist Fee is determined by each individual Agency representing a Carer or Child Care Provider and not Care For Kids New Zealand. The Carer's fees are determined by, and payable to each individual Carer or Provider.
5.2 Some Agencies and/or Child Care Providers have entered into an agreement with Care For Kids New Zealand for the payment of Booking Fee and/or Waitlist Fee to be made to Care For Kids New Zealand. In this circumstance Care For Kids New Zealand collects the fee and then pays a transaction fee to the Agency and/or Child Care Provider. In other circumstances Agencies and/or Child Care Providers have entered into an agreement with Care For Kids New Zealand for the payment of 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 Care For Kids New Zealand.
5.3 If you have a concern or dispute regarding: (a) The fees charged to you as a Parent (excluding the Booking Fee and/or Waitlist Fee); (b) the service provided by the Carer or Child Care Provider; or (c) the fees paid to you as a Carer, then you should direct those concerns to the relevant Agency or Child Care Provider.
5.4 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 Agency and/or Child Care Provider directly (and this will be obvious at the time you made the payment) then you will need to contact the Child Care Provider directly. You should review the refund policy at the time of booking for the Child Care Provider or Agency representing the Carer you have selected as you will be bound by that policy. You acknowledge that Care For Kids New Zealand 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. (b) If you paid Care For Kids New Zealand, then you should contact Care For Kids New Zealand who shall be the final arbiter of the disputes concerning the refund of the Booking Fee or Waitlist Fee and you agree to release Care For Kids New Zealand, 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 Care For Kids New Zealand in respect of, arising out of the exercise by Care For Kids New Zealand of its discretion stated herein.
5.5 Care For Kids New Zealand subscription services which include our Premium and Enterprise service are for a fixed term and are not transferable or refundable.
5.6 Care For Kids New Zealand lead generation service Child Care Connect is not transferable or refundable and we offer no guarantees that Child Care Connect will convert to a place at your service.
6.1 It is noted that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through CareforKids.co.nz.
6.2 All Users including both parents and Carers do hereby expressly agree not to hold Care For Kids New Zealand (or its agents, assigns, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the CareforKids.co.nz Website and releases Care For Kids New Zealand from liability for any damages, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.
7. Release From Liability
7.1 The Parent covenants and agrees to release Care For Kids New Zealand, 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 Care For Kids New Zealand in respect of, arising out of or resulting from the provision of any services to the Client by Carers or from any other cause relating thereto, including but not limited to, the negligent acts of the Carers.
7.2 The Carer release Care For Kids New Zealand, 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 Care For Kids New Zealand in respect of, arising out of or resulting from the actions of Care For Kids New Zealand or the release of the Carer's personal information on the Website.
7.3 The Carers agree that the Care For Kids New Zealand 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 Care For Kids New Zealand.
7.4 The Carer acknowledges that under no circumstances shall Care For Kids New Zealand be liable for the Carer's fees.
8.1 Legislative Background
8.1.1 The Privacy Act 1993 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 determined 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 Care For Kids New Zealand to collect personal information about you, including information that is considered to be sensitive.
8.2 Collection of data
8.2.1 In general, Care For Kids New Zealand automatically gathers certain usage information such as numbers and frequency of visitors to our site. We only use such data in the aggregate. This collective data helps improve our service. We may also provide statistical (non-personal data) to our Care For Kids New Zealand partners and advertisers about how CareforKids.co.nz visitors use this site.
8.2.3 In addition, our site's registration forms including Child Care Vacancy Alert requires users to provide contact information, such as their name, their childs name, date of birth, address, telephone, and email address. In the event that a user engages a Carer or has expressed interest in being contacted by child care providers via our site then we will provide the user's contact information to the engaged Carer and that Carer's agency or the child care provider. Without such information, it is not possible to utilise some of the services available on the site.
8.2.4 We also hold contact and personal information about Carers, and by providing your details to Care For Kids New Zealand, the Carer authorises Care For Kids New Zealand to pass on the personal information to Parents but not the contact information.
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 Care For Kids New Zealand.
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. VeriSign is the worlds leading provider of digital trust services.
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 companies.
8.4.1 Care For Kids New Zealand 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 Care For Kids New Zealand. However, Care For Kids New Zealand 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. Care For Kids New Zealand is not responsible for the privacy practices or the content of such Websites.
8.4.4 Care For Kids New Zealand exercises all due 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 CareforKids.co.nz. Care For Kids New Zealand 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: (i) linked to this website; and/or (ii) advertised on this website are the responsibility of the third party and their inclusion on this website does not imply endorsement by Care For Kids New Zealand.
9.2 Care For Kids New Zealand 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. Care For Kids New Zealand 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 New Zealand and international copyright Laws and remain the property of the site owned and operated by Care For Kids New Zealand. 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
Care For Kids New Zealand does not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms. Care For Kids New Zealand will not be responsible if your use of the site or of the Material 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 Website, 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 Website, 'spamming' overloading, 'crashing' or otherwise engage in conduct which causes a threatened or actual nuisance to Users or to the Website; (e) Sending 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 Website 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 Providers; (e) which comprises a chain letter or pyramid scheme; (f) which misleads or may mislead other Users of the Website 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 Care For Kids New Zealand values user feedback, and in particular encourages parents to post testimonials, ratings and reviews on the Website about their experiences. You acknowledge and agree that: (a) The testimonials, reviews and ratings are a means of public and not private communication; b) Care For Kids New Zealand does 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 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) Care For Kids New Zealand 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 CareforKids.co.nz. (g) You shall indemnify to CareforKids.co.nz against all damages, losses and expenses incurred to CareforKids.co.nz arising as a result of any material posted, submitted, or linked to our Site by You and subsequently published.
12.4 Care For Kids New Zealand 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.
12.5 Care For Kids New Zealand reserves the right to remove users from the site for defamatory, obscene, threatening, abusive, hateful or embarrassing actions or behaviour.
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 New South Wales, Australia and the parties submit to the jurisdiction of the Courts within that State.