Terms of Service

The Kinder Caring Website is owned and operated by Kinder Caring Home Support Services Pty Limited (ABN 68 085 075 618) (Kinder Caring).

Conditions of Use

Before you begin to use the services contained on the Kinder Caring Website we need to outline to you for you to read and understand, the terms and conditions of your use of the Kinder Caring Website and the Kinder Caring services.

The conditions of use (as published on the Kinder Caring Website from time to time) together with any additional terms, conditions, notices and disclaimers contained on the Kinder Caring Website and any documents available for download on the Kinder Caring Website (Conditions of Use) regulate your use of the Kinder Caring Website and the Kinder Caring services.

Through your use of the Kinder Caring Website and Kinder Caring services, you acknowledge and agree that the Conditions of Use constitute the rules and conditions of access to, use of and supply of information from the Kinder Caring Website.

Please take the time to review this document. If you use or continue to use the Kinder Caring Website and/or the Kinder Caring service you acknowledge and agree that you accept and agree to abide by and be bound by the Conditions of Use and any changes made by Kinder Caring or any authorised officer, agent, employee or contractor of Kinder Caring to the Conditions of Use from time to time.

All terms and conditions that govern your use of the Kinder Caring Website (including disclaimers) may be amended by Kinder Caring from time to time by simply posting those amendments on the Kinder Caring Website without any notice to you. Those amendments apply to your next usage of the Kinder Caring Website.

If you object to any of the Conditions of Use or any subsequent changes to them, or become dissatisfied with your use of the Kinder Caring service in any way, your only remedy is to immediately stop using the services of Kinder Caring and the Kinder Caring Website.

General Information Only

The information, opinions and other similar statements and content contained on the Kinder Caring Website are provided for information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice or to be in any way relied upon by you without undertaking your own independent verification. Information provided on the Kinder Caring Website has been derived from sources believed to be accurate as at the time of compilation and no warranty or representation is made as to the accuracy or authenticity of the content of the Kinder Caring Website which is subject to change at any time without notice.

Kinder Caring and its directors, agents or employees do not accept and are by these Conditions of Use released by you of any liability to you arising (whether directly or indirectly) out of the information provided on the Kinder Caring Website or anyone else through the Kinder Caring Website or any errors in, or omissions from information on the Kinder Caring Website.

Kinder Caring does not make any representation or warranty that any user is reputable, or will act in good faith, or according to their terms of engagement; any information on the Kinder Caring Website will be complete, reliable or accurate; or your access to the Kinder Caring Website will be secure, available or uninterrupted.

Kinder Caring disclaims and will not be liable for loss arising out of (whether directly or indirectly) any action or decision by you in reliance on the information on or provided to you through the Kinder Caring Website or provided by any business you engage on the Kinder Caring Website, nor any interruption, delay or impairment in the functioning, operation or availability of the Kinder Caring Website, exposure to or transmission of any computer virus, internet access difficulties in connection with the Kinder Caring Website, or malfunction in equipment or software.

You should seek legal or other professional advice before acting or relying on the information set out on or provided to you through the Kinder Caring Website or provided by any business you engage on the Kinder Caring Website.

Information on the Kinder Caring Website is for general information only.

As a user of the Kinder Caring Website, you should make your own inquiries and obtain independent advice based on your specific circumstances prior to making any decisions.

Promotions and Competitions

If Kinder Caring run promotions or competitions involving the awarding of prizes or other gifts, Kinder Caring may modify the Conditions of Use and implement additional terms and conditions, which will be communicated to you by posting them on the Kinder Caring Website at the time of such promotions or competitions.

User Information

As a user, you must provide Kinder Caring with complete, up to date and accurate information as requested and it is your responsibility to inform Kinder Caring of any changes to that information. All personal information you provide Kinder Caring as a user will be treated in accordance with the Personal Information & Privacy Statement shown below.

Username and Password

To become a member of Kinder Caring, you will nominate a username and password. Your username must be a valid email address.

You must ensure that these remain confidential at all times since you are entirely responsible for all activities which occur under your username and password.

You must notify Kinder Caring immediately if you become aware of any unauthorised use of your username and password. Each username and password must be used by a single user and is not transferable.

If you already are a member of the Kinder Caring Website, login by using your existing username and password.

Automated scripting tools or software are strictly prohibited on the Kinder Caring Website and detection will result in your account being cancelled immediately.

Online Security

Kinder Caring will never:

Ask you to provide personal information such as your bank or credit card details, your address, driving licence or passport numbers via email. Be suspicious of anyone who does.

Obtain your bank or credit card details without using a secure browser window with a URL beginning ‘https://…’. Endorse individual sellers or vendors.

Copyright

The material provided on the Kinder Caring Website is protected by intellectual property laws included copyright law and trademark law. No part of it should be reproduced, adapted or communicated without the written consent of the copyright owner. You may only use information for your own personal reference.

Except where such use constitutes fair dealing under the Copyright Act or where such use is mandated by the Copyright Act the information found on the Kinder Caring Website may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without the prior written approval of Kinder Caring or the appropriate supplier or licensor of Kinder Caring.

You may not use any part of the information on the Kinder Caring site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Trademarks

The Kinder Caring logo is a registered trademark of Kinder Caring. Other trademarks may be displayed on the Kinder Caring Website from time to time. These may belong to third parties. Nothing displayed on Kinder Caring should be construed as granting any license or right of use of any logo or trademark displayed on a website, without the express written permission of the relevant owner.

Your Conduct

As a condition of your use of the Kinder Caring Website or any service provided by Kinder Caring, you warrant to Kinder Caring that you will not use the Kinder Caring Website or any Kinder Caring service for any purpose that is prohibited by the Conditions of Use or that is illegal or unlawful. You agree to abide by all applicable laws and regulations.

Whilst not an exhaustive list, you agree not to:

use the Kinder Caring Website to offend others (which shall be judged in the absolute opinion of Kinder Caring);

publish, or in any other way distribute or disseminate any information which is unlawful, obscene, defamatory, offensive or inappropriate (which shall be judged in the absolute opinion of Kinder Caring);

engage in, encourage participation or promote any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the Kinder Caring Website;

use any automated scripting tools or software;

make available, using the Kinder Caring Website, any material that you do not have a right to make available including under any law or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other computer software or hardware; or breach any laws or regulations applicable to your use of the Kinder Caring Website of any other laws or regulations.

use the Kinder Caring Website in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email

use the site to supply another service, or to obtain information which you either incorporate into your service or product or use to nehace your service or product or your business in any way such as creating potential customer lists. Any commercial use of the Kinder Caring Website reuiqres prior written approval of Kinder Caring.

Kinder Caring has no obligation to monitor your or anyone else’s use of the Kinder Caring Website. However, Kinder Caring reserves the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

User’s Indemnity

As a user of the Kinder Caring Website, you indemnify Kinder Caring for any loss or damage or costs arising (whether directly or indirectly) out of any breach of the Conditions of Use or any other legal obligation by you or your use of or conduct on the Kinder Caring Website.

Third Party Links and Advertising

If hyperlinks and other redirection tools taking the user to other websites operated by third parties appear on the Kinder Caring Website, the user acknowledges that these websites do not form part of the Kinder Caring Website and are not controlled by Kinder Caring.

Kinder Caring does not have any responsibility for the contents of any such hyperlink or third party website. If you link to any such websites without the prior permission of Kinder Caring you will be denied access to the Kinder Caring Website immediately and your account will be cancelled without further communications with you.

Kinder Caring may display advertisements, which may or may not contain hyperlinks or buttons which take the user to websites operated by third parties. Kinder Caring does not endorse or recommend its advertisers, their products or services or the information, products or services of any website linked to the Kinder Caring Website.

If you contact a third party through the Kinder Caring Website, including via email, Kinder Caring accepts no responsibility for any actions taken by that third party in connection with you as the user.

Limitation of Liability

Kinder Caring excludes all conditions and warranties that may be implied by law. To the extent permitted by law, Kinder Caring’s liability for breach of any warranty or condition (implied or otherwise) which cannot be excluded is restricted, at Kinder Caring’s option, to the re-supply of the relevant Kinder Caring service.

As the user of the Kinder Caring Website, you expressly agree and acknowledge that in no circumstances will Kinder Caring be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of any nature arising (including but not limited to any act or omission by Kinder Caring) which result from:

the use of or access to or any inability to use or access the Kinder Caring Website or any material on the Kinder Caring Website;

unauthorised access to your internet transmissions or data; or

statements or conduct of any third party on the Kinder Caring Website.

Excluding liability for negligence the maximum liability of Kinder Caring is equivalent to the total of any amounts you have paid to Kinder Caring in respect of goods or services supplied to you by Kinder Caring through the Kinder Caring Website.

Applicable Law

The Conditions of Use and all other specific and additional terms which govern your use or membership of and access to the Kinder Caring Website will be governed by the laws of New South Wales.

Termination of User’s Account with Kinder Caring

Kinder Caring may at its discretion terminate your use of, or access to, the Kinder Caring Website at any time. If this happens we may notify you by email. If your use of the Kinder Caring Website is cancelled:

you are no longer authorised to access the Kinder Caring Website or use any Kinder Caring service with your registered email address or any other email address you possess;

you will continue to be subject to and bound by all restrictions imposed on you by the Conditions of Use; and

all licenses granted by you and all disclaimers by Kinder Caring and limitations of Kinder Caring’s liability set out in the Conditions of Use or elsewhere on the Kinder Caring Website will survive.

Updates to Kinder Caring

Kinder Caring may from time to time and at any time change or discontinue any feature of the Kinder Caring Website including content, hours of availability and equipment required for access.

Kinder Caring may from time to time change and update the Conditions of Use at any time. Updated versions of this document will be posted on the Kinder Caring Website. You are responsible for ensuring that you regularly review the Kinder Caring Website and these Conditions of Use. Your continued use of the Kinder Caring Website after any such changes are made will be deemed to constitute your acceptance of those changes.

Disclaimer

By using Kinder Caring, you agree to abide by and acknowledge the following disclaimer.

We are not involved in the actual transaction between customers and businesses. We have no control over the quality, safety or legality of the items or content posted by either on the Kinder Caring Website, the truth or accuracy of any posting, the ability of businesses to provide services or the ability of customers to buy services. We cannot censure and do not guarantee that a customer or business will actually complete a transaction or act lawfully in using the Kinder Caring Website.

Kinder Caring cannot and does not confirm each business’ purported identity. The Service Score assists you to evaluate the business or customer with which you are dealing.

In the event that you have a dispute with one or more users of the Kinder Caring Website, you release Kinder Caring (and our directors, agents, contractors, affiliates, parents, subsidiaries and employees) from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out of such dispute.

Emails

Kinder Caring sends emails and notices regarding the status of your matters and your Kinder Caring account. Our emails and notices do not represent any guarantee or endorsement of your transactions. You are responsible for completing all transactions in which you participate (including monitoring the status and complying with all relevant legal and other obligations). We do not control, endorse or approve the services provided by users of the Kinder Caring Website.

You acknowledge and release Kinder Caring in the event that you deal with underage persons or people acting under false pretence. You must notify us if you want us to stop emailing you.

Additionally, there may also be risks with international trading and dealing with foreign nationals.

Licence to use Your Information

Solely to enable Kinder Caring to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, irrevocable, perpetual, fee-free right to exercise the copyright and other intellectual property rights you have in that information in any format (including, but not limited to, any text, photographs, graphics, video or audio). You agree that Kinder Caring can use that content in any way, now and in the future. Kinder Caring also reserves the right not to use the content that you submit. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law. You indemnify Kinder Caring against any and all legal fees, damages and other expenses that may be incurred by Kinder Caring as a result of a breach of this warranty. Kinder Caring will only use your information in accordance with our Personal Information & Privacy Statement.

Feedback and Commenting on Other Users

You may not take any actions that may undermine the integrity of the Service Score system. If you have an average of less than 40% across all Service Score criterion, Kinder Caring can exercise its discretion to suspend your membership.

Breaching Kinder Caring Conditions of Use

Without limiting other remedies available to Kinder Caring at law, in equity or under this Conditions of Use, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our service to you if:

you breach these Conditions of Use or the Privacy Statement;

we are unable to verify or authenticate any information you provide to us; or

we believe that your actions may cause legal liability to you, Kinder Caring users or Kinder Caring.

Warranty

You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that Kinder Caring and all affiliates and related entities of Kinder Caring have no responsibility for the legality of the actions of users of the Kinder Caring Website or the Kinder Caring service.

Indemnity

You indemnify and release Kinder Caring and its directors, employees, agents, contractors, and affiliates from and against any claims, demands, proceedings, losses and damages of every kind and nature including reasonable solicitor’s fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of these Conditions of Use or your violation of any law or the rights of a third party.

No Agency

You and Kinder Caring are independent contractors and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is created or intended by this Conditions of Use agreement or your use of the Kinder Caring Website or the Kinder Caring service.

Notices

Except as explicitly stated otherwise, any notices shall be given by email to Kinder Caring at admin@kindercaring.com.au

Arbitration

Any controversy or claim arising out of or in connection with these Conditions of Use may at our discretion be settled by binding arbitration through a commercial dispute resolution centre selected by us. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator of the dispute.

Personal Information & Privacy Statement

Kinder Caring collects personal information from a variety of sources, including from members of the public, advertisers, mailing lists, contractors and business partners.

In general, the personal information Kinder Caring collects includes (but is not limited to) name, address, contact details and, where relevant, financial information, including credit card information, banking details and income information.

Kinder Caring stores the personal information you enter on the Kinder Caring Website. Kinder Caring obtains most personal information through the Kinder Caring registration process outlined above. You may, however, provide information through a variety of different means (for example if you contact Kinder Caring via email in any way, including by providing feedback).

The Kinder Caring Website uses cookies which contain information by which Kinder Caring can identify your computer to our servers. You may configure your browser so that you are notified before a cookie is downloaded or so that your browser does not accept cookies. Kinder Caring may use information contained in cookies to make assumptions about the user of the computer and to provide users of that computer with focused advertising that Kinder Caring believes may be of interest, based on that information. You can disable your cookies through your Internet browser.

Kinder Caring endeavours to collect personal information about an individual only from that individual. In some circumstances Kinder Caring may obtain personal information from a third party. If you provide personal information about another person to Kinder Caring, Kinder Caring requires that you inform that person you have done so and provide them with a copy of this Statement.

How Kinder Caring Uses the Information You Provide

Kinder Caring may use information it collects from you for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. Kinder Caring generally uses personal information to:

personalise and customise your experiences on the Kinder Caring Website;

help Kinder Caring manage and enhance its services;

communicate with you;

provide you with ongoing information about opportunities on the Kinder Caring Website in which Kinder Caring believes you may be interested; give you the opportunity from time to time to receive e-mail and ‘online newsletters’ from Kinder Caring.

Disclosure

Kinder Caring may use and disclose information relating to a person’s racial or ethnic origin, membership of political bodies, religion, membership of a trade union or professional or trade association, sexual preferences, criminal record and health only for the purpose for which it was provided or a directly related secondary purpose or as allowed by law unless you have agreed otherwise.

Management and Security of Personal Information

Oliver Pennington has been appointed privacy officer to oversee the management of personal information in accordance with the Conditions of Use and the Commonwealth Privacy Act.

Kinder Caring protects the personal information Kinder Caring holds from misuse, loss, unauthorised access, modification or disclosure by various means including firewalls, password access, secure servers and encryption of credit card transactions.

Updating Personal Information

Kinder Caring endeavours to ensure that the personal information it holds is accurate, complete and up-to-date. You can update your Kinder Caring membership information by sending an email to support@kindercaring.com.au

Seeking access to the Personal Information Kinder Caring holds about you

You have the right to seek access the personal information held about you and to advise Kinder Caring of any inaccuracy. There are some exceptions to this right set out in the Privacy Act.

If you make an access request, Kinder Caring will ask you to verify your identity and specify what information you require. Kinder Caring may charge a fee to cover the costs of meeting your request.

Feedback about Kinder Caring Conditions of Use

If you have enquiries or wish to provide feedback about this Statement, please email support@kindercaring.com.au

Service Score

Each customer will be asked to provide feedback in respect of the performance of each successful business at the conclusion of each project. This feedback will take the form of a positive or negative assessment which we call the Service Score. The mark is in relation to specific aspects of your service performance and may include a general comment.

Each Service Score will appear every time that business quotes on a project on the Kinder Caring website. Details of a business’ Service Score in respect of each project they complete through the Kinder Caring website will also appear and be available for customers to peruse.

The Service Score and comments are an integral part of Kinder Caring.

A low Service Score and/or a negative comment can adversely affect the ability of a business to successfully quote on future projects.

As a user of the Kinder Caring website, you should be careful when scoring a project and providing comment. The Service Score and comments are a powerful tool, may constitute published information to the world at large and can have a dramatic affect and other consequences on the reputations and the success of individuals and businesses that use the Kinder Caring website.

You should ensure that the Service Score and comments you provide are fair, balanced and truthful.

Kinder Caring reserves the right to refuse to publish and/or remove from the Kinder Caring website any Service Score or comment that Kinder Caring, in its absolute discretion, considers defamatory, unjustified, inflammatory, obscene, mischievous or unnecessary.

Kinder Caring does not, by allowing a Service Score or comment to remain on the Kinder Caring website, endorse, concur with or otherwise comment on that Service Score or comment. The Service Score and comment are made by the user that places them on the Kinder Caring website and not Kinder Caring.

In Australia and other countries, Service Scores and certain comments may be considered defamatory of the reputation and standing of individuals and businesses. You acknowledge and agree that Kinder Caring accepts no responsibility for liability, damage, injury or loss that may arise from the posting on the Kinder Caring website of a Service Score or a comment and you, by these Conditions of Use, release forever and indemnify Kinder Caring from any liability it may incur arising out of (whether directory or indirectly) any Service Score or comment you post on the Kinder Caring website.

Further you agree that, if you or anyone else commences or threatens any action or proceeding against Kinder Caring or makes any claim or demand against Kinder Caring as a result of any Service Score or comment you post on the Kinder Caring website, Kinder Caring may, in it absolute discretion, without any notice to you immediately cancel or suspend your membership of the Kinder Caring website.

Complaints

Kinder Caring attempts to resolve any customer complaints and answer any questions within one business day from the first contact made by the customer.

All complaints are logged and managed by the Kinder Caring CRM system.

Technical complaints and development suggestions are forwarded to our IT Director for consideration in future site updates. These suggestions may not result in future changes to the website or Kinder Caring business practices.

All other complaints are reviewed by Kinder Caring customer support representatives and escalated to a manager for resolution if required.

Any arbitration between a member and Kinder Caring is governed by the “Arbitration” clause in the Kinder Caring Conditions of Use Agreement shown above.

Dispute Resolution

Kinder Caring will use reasonable endeavours to mediate any dispute concerning the use by parties of the Kinder Caring website. Disputes in relation to the actual services carried out by a business or any other issue will be referred, where appropriate, to external dispute resolutions services.