Terms and Conditions
  1. These Terms and Conditions (Terms) govern the use of, and access to, childcareapplication.com (CCA) website and all related sites and email addresses. They include these Terms and Conditions and the Privacy Policy.
  2. Please read these Terms carefully. By using this website, registering an account, making an application, and/or making a purchase, you agree to these on behalf of yourself and/or the organisation on whose behalf you are accessing the Website, and you warrant that you are authorised to do so. You must not use the Website if you do not agree with these Terms.
  3. You acknowledge that no employee or agent of CCA has any right to make any representation, warranty or promise in relation to the Services or the sale of the Services other than as constrained in these Terms.
  4. We may change these Terms at our discretion and without notice. By continuing to use the Website, you accept the Terms as they apply from time to time. A copy of the current Terms is displayed on the Website at all times. Your use of this Website and any dispute arising out of such use is subject to the laws of the Australian Capital Territory.
  5. Definitions

  6. In these Terms
    1. “Company”, “CCA”, “we”, “our”, and “us” means the SYLK Group Pty. Ltd. ABN 85 605 335 822 ACN 605 335 822 trading as childcareapplication.com (CCA);
    2. “Terms” means these terms and conditions;
    3. “Customer”, “you” and “your” means the user or viewer of the Website or CCA services, either being an individual or a business. A business customer/user may be referred to as an Institution. An individual customer/user may be referred to as an Applicant or a Parent;
    4. A parent is not restricted to a biological father or mother but expands to any legal care-provider, protector or guardian of their biological or foster child;
    5. “Service(s)” means all goods and services sold and/or delivered by CCA to the customer;
    6. Harmful Code means any form of harmful surreptitious code or other contaminants, including but are not limited to viruses, bugs, Trojan Horses, spyware or adware;
    7. A reference to “includes” in any form is not a word of limitation;
    8. A reference to “$” or “dollar” is to Australian currency;
    9. “Accounts” means your Business Account for business customers and User Account for individual customers;
    10. “Liability” means any debt or other monetary liability or obligation however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description;
    11. “Loss” includes any direct, indirect or consequential loss, loss of chance, damage, Liability, cost or expense however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description;
    12. “Third Parties” means any person who is not you or CCA; and
    13. “Websites” means CCA’s website www.childcareapplication.com and all its associated email addresses.
  7. Ownership

  8. The Website and all Content is operated and owned by SYLK Group Pty Ltd ABN 85 605 335 822 ACN 605 335 822 (trading as childcareapplication.com) and referred to as CCA hereafter.
  9. Website Content and Access

  10. While CCA endeavours to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.
  11. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law CCA disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content.
  12. CCA does not guarantee that access to the CCA website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the CCA website or any data on such a computer.
  13. Use of Website

  14. You may only use the Website and the Content on the Website for personal purposes unless CCA provides express written consent.
  15. You must not:
    1. by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the Website;
    2. do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the Website or any network or website connected to the Website;
    3. breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;
    4. interfere with any other persons use or enjoyment of the Website;
    5. post, or transmit to the Website any abusive, obscene, defamatory, or otherwise inappropriate material;
    6. use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any Content or any part of the Content on the Website, or to reproduce or separately store or use such Content;
    7. use the Website or any Content in any way that is unlawful, illegal or breaches the rights of CCA or any third party; and
    8. use the Website in any way that otherwise breaches these Terms.
  16. In addition to these Terms, CCA Privacy policy applies to the Use of the Website and various parts of the Website are subject to other terms and conditions. You should review these other terms and conditions carefully and not use the Website if you do not agree to these other terms and conditions.
  17. Account Registration

  18. To use CCA services, you will first need to register for an Account. If you are a Child Care Centre, you can register by contacting us on enquiries@childcareapplication.com, for individual customers, you can register on our Website. You will need to provide a personal email address as part of the process. A CCA Account is a personal account specific to you and cannot be shared with any other person. For Childcare Centre, their CCA Account is specific to their business and will be assigned against their ABN/ACN.
  19. When registering for an Account, you must fill in all mandatory fields, using accurate, complete and up-to-date information. If any of your information changes, you need to update the information via your Account page on the Website.
  20. Your Account is unique to you and is not transferable to any other person. You'll need to choose a unique password - keep it safe and do not share it with anyone else. The email address you supply will become your Account user name.
  21. You are solely responsible for all activities that occur on your CCA Account. This includes any transactions that are processed or conducted through it, whether or not they were authorised by you (except where our negligent acts or omissions have led to unauthorised access of your Account). If you become aware of any unauthorised access or use of your Account, you need to let us know immediately.
  22. Having a CCA Account gives you access to a number of different Services. Each Service that we provide will be governed by these Terms and the Privacy Policy, and any additional terms, contract or schedule applicable to that Service (with which you must agree, in order to obtain that Service). This may include the CCA Terms and Conditions, or any other relevant specific terms and conditions.
  23. To avoid doubt, the Terms and Conditions and Privacy Policy will apply whenever you access our Website and in relation to all of your interactions with CCA.
  24. Registering for a CCA Account is free, for an individual user, but there may be fees and charges for other Services we provide to you. Fees and charges for business users will be specified in additional contract schedules applicable to that Service for business customers.
  25. We reserve the right to change, or temporarily or permanently withdraw any Service. To the extent possible under the law, we will not be liable to you for any loss, damage, cost or expense you may incur as a result of the exercise of our rights under this clause.
  26. To access and use the Services, you'll need to have access to the internet and email. Your Internet Service Provider (ISP), not CCA, is responsible for providing internet access (subject to any agreement you have with them), and you are responsible, and solely liable, for any account charges or other costs associated with obtaining internet access the ISP's service.
  27. You agree to provide us with all the information we need to provide the Services and you must make sure that all information is accurate and complete. We won't be liable for any loss, damage, cost or expense that arises from any inaccuracy, omission or other defect in any such information (including in any Data).
  28. You must comply with any reasonable directions we give from time to time in relation to your access to or use of the Services. You also must use the Services in good faith, and at all times comply with these Terms or any additional terms, contracts or schedules, and all applicable laws, statutes and regulations in all jurisdictions that relate to your access to or use of the Services (including, without limitation, all applicable privacy laws).
  29. You acknowledge and agree that to the extent possible under the law:
    1. we make no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Services or any internet service provider (ISP) services, unless specifically stated otherwise; and
    2. we will not be liable if the Services, or any information obtained in relation to them, is inaccurate, outdated or incorrect. We're also not liable if the Services or ISP services are unavailable for any reason, including as a result of:
      1. telecommunications interruption, delay, bottleneck, failure or fault;
      2. negligent, malicious or wilful acts or omissions by third parties (including our third party service providers);
      3. maintenance or repairs of the systems used in connection with the provision of the Services or ISP services, carried out by us or any third party service provider;
      4. any events beyond our control; or
      5. services provided by third parties becoming unavailable.
  30. You acknowledge and agree that to the extent possible under the law, we make no representations, warranties or guarantees in relation to the integrity of the Data or length of time the Data will be retained by us.
  31. You must not:
    1. access or use the Website or the Services for any purpose other than those permitted by these Terms or any additional terms, contracts or schedules;
    2. remove or tamper with any copyright notices on the Website or in relation to any Service;
    3. disassemble, decompile, reverse engineer or create derivative works or functionality equivalent software from the Website or in relation to any Service;
    4. copy or download, in a systematic manner, any content, graphics, video, text or animation from the Website or in relation to any Service, or communicate or otherwise distribute such systematically obtained content, graphics, video, text or animation;
    5. incorporate any part of the Website or any part of the Services in any product or service to be made available commercially, or attempt to do so; or
    6. introduce or permit the introduction of, any virus, worm, trojan or other malicious code into the Website or otherwise in relation to the Services, or in any other manner whatsoever corrupt, degrade or disrupt the Website or the Services, whether directly or indirectly.
  32. Unlawful or unauthorised use. You must not (nor permit a third party to) submit any data or information to the Website or in relation to the Services, or otherwise use the Website or the Services:
    1. to engage in any activity which breaches any law or infringes or interferes with a third party's rights;
    2. to infringe the intellectual property rights (including trade marks and copyright) of CCA or any third party;
    3. in any way that is defamatory, obscene, misleading or deceptive or otherwise illegal; or
    4. in any way that constitutes misuse, or resale or other commercial use, of the Website, the Services or any associated materials.
  33. You grant to us an irrevocable, perpetual, non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, adapt and communicate the Data (and all data and information comprised in the Data), and to sublicense third parties to do those things, to enable us to:
    1. operate the Website and provide the Services; and
    2. perform statistical and other analyses that are relevant to our business purposes.
    3. You warrant to us that you have all rights necessary to grant this licence.
  34. You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all loss, actions, proceedings, costs and expenses (including legal fees), claims and damages arising from any claim by a third party arising directly or indirectly out of or in connection with:
    1. your access or use of the Website, CCA Account or any of the Services; and
    2. any breach by you of these Terms; or any additional terms, contracts or schedules applicable to providing a Service.
  35. To the maximum extent permitted by law we exclude all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including reputational damage, loss of goodwill and loss of business profits) however caused (including negligence) arising out of or in connection with your CCA Account and the use or performance of any Services.
  36. Where the law implies a warranty into these Terms which may not lawfully be excluded our liability for breach of such a warranty shall be limited at our option, to any one or more of the following:
    1. in the case of goods, to any one of the following as we may determine: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
    2. in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.
  37. We may, at our discretion, suspend your access to your CCA Account and/or a Service, if any of the following things occur:
    1. we become aware, or have reasonable grounds to believe, that the information you provided in order to register and create your CCA Account, and/or register for the Service, was not true, accurate, current or complete;
    2. you use your CCA Account, the Services or the Website to engage in fraudulent or other unlawful conduct;
    3. you report that your CCA Account has been accessed or used without your authorisation;
    4. you breach any provision of these Terms or any Additional Terms;
    5. we consider it necessary to do so in order to maintain, update or upgrade the Website or any Service;
    6. there's been an allegation that your CCA Account or the Services has been used for fraudulent or other unlawful conduct (whether by you or a third party), or has been accessed or used without your permission; or
    7. we're required to in order to comply with an order, direction or directive issued under statute or by a court, or in order to safeguard the operation of the Website or the Services.
  38. Where we suspend access to your CCA Account and/or a Service under:
    1. clauses 32.3, 32.5, 32.6, 32.7 – we will endeavour to provide you with notice and ensure the suspension continues only for as long as is reasonably necessary.
    2. clauses 32.1, 32.2 or 32.4 - we may continue the suspension for as long as we deem appropriate in our discretion. We may also, at our discretion, decide to terminate your CCA Account and/or stop providing the Service.
  39. To the extent possible under the law, we will not be liable to you for any loss, damage, cost or expense you may incur as a result of the suspension of your CCA Account or a Service, irrespective of the reason or basis for the suspension.
  40. We reserve the right to use contractors or sub-contractors to perform any of our obligations under these Terms or any additional terms, contracts or schedules. When we do, the contractors and/or sub-contractors are included within the definition of CCA and are entitled to all of the benefits and rights imposed upon and enjoyed by us by these Terms or any additional terms, contracts or schedules.
  41. Termination without cause. You can close your CCA Account, by emailing us on enquiries@childcareapplication.com. We'll delete all of the information that we hold about you in relation to your CCA Account (except as required in clause 41 below).
  42. We may terminate your CCA Account and/or stop providing a Service if any of the things referred to in clauses 34.1, 34.2 or 34.4 occur (whether or not we first elect to suspend your CCA Account and/or the Service).
  43. Termination in other circumstances. We may also terminate your CCA Account and/or a Service:
    1. when we're directed or ordered to do so by any government authority, or law enforcement, defence or intelligence authority or entity acting under the authority of the Commonwealth of Australia; or
    2. when we, at our discretion, decide to terminate or discontinue the operation of the Website and/or the Service.
  44. Where your CCA Account is closed or terminated, you acknowledge and agree that:
    1. we may retain a copy of your Data so that we can comply with our regulatory obligations; and
    2. you will no longer be able to access your CCA Account or use any of the Services.
  45. You may not assign or transfer your rights under these Terms or any additional terms, contracts or schedules, or attempt or purport to do so, without our prior written consent (which may be given or withheld at our absolute discretion).
  46. Neither party will be liable to the other for any failure to fulfil, or delay in fulfilling, its obligations caused by circumstances outside of its reasonable control.
  47. If any provision, or part of a provision, of these Terms or any additional terms, contracts or schedules, is found to be illegal or unenforceable, it will be severed from the agreement, and the remainder of the terms will be construed as if that provision or part did not form part of the Terms or any additional terms, contracts or schedules (as applicable). The previous sentence will not apply if the provision or part to be severed constitutes a material and fundamental element of the agreement between the parties.
  48. We reserve the right to revise and amend these Terms or any additional terms, contracts or schedules (or vary any Service provided under them) at our discretion, as follows:
    1. if we consider that the change is likely to benefit you, or have a neutral or minor detrimental impact on you, we'll make any changes immediately without notifying you. We will publish the amended Terms on the Website;
    2. if we consider that the change is likely to have a significant detrimental impact on you, we'll make the change after we've notified you (using the email address you've provided), and we'll display a notice on the Website describing the change.
  49. Your continued use of the Services after an amendment will mean that you agree to that amendment. If you don't agree with an amendment, you must stop using the Services.
  50. Incorrect Details Supplied

  51. Submitting your application implies that you have provided correct and complete information. In the event that you supply incorrect payment and contact details, CCA will take all reasonable steps to contact you using the personal details that you have provided. In the event that your supplied contact details are incorrect, CCA will not be held responsible for not fulfilling your application, nor for being unable to advise you that this is the case.
  52. Childcare Placement Availability

  53. CCA does not warrant, guarantee or control the availability of placements at any childcare centre. Where a placement does not become possible or available or if your application is rejected, for whatever reason, CCA will not be held responsible.
  54. Price

  55. Prices are set out up-front before the time of committing to use our service and, prior to payment, are subject to change without notice.
  56. For individual customers, the price for each application made via CCA website is $10.00 GST Inclusive.
  57. The Price for the Services engaged into with business customers are specified and agreed in the additional price and payment terms contained in the contract and schedule entered into between CCA and that Business Customer entity.
  58. Payment

  59. Payment amounts in these Terms are in Australian Dollars (AUD).
  60. For business customers, invoices are regularly issued on the 26th of each month and should be made in advance.
  61. For the first month, business customers may start using our service at any time of the month. CCA will send out an invoice that will cover for one full month and any extra days that the business customer has used on or prior to the 26th will be prorated to the monthly price of the Service. The payment must be made within 14 business days.
  62. If the business customer had not paid CCA for 10 business days after 14 business days past the 26th, there may be a 10% interest surcharge.
  63. Payments are to be made to CCA without any deduction or discount other than as stated in these Terms, in the additional terms and contract and schedule signed between CCA and that business customer entity, or in the relevant invoice or statement.
  64. For business customers, payments are made up-front via credit/debit card and via BPAY only.
  65. For individual customers, payments are made up-front via credit card only before preceding to the Service.
  66. You should note that credit card numbers will not be stored on the web site and will never be made publicly available. All information concerning your order/application is encrypted and can only be viewed by members of the CCA team with authorised access to that information.
  67. Tax invoices/adjustment notes are posted to the Customer at the address specified by the Customer.
  68. In additional to these terms, business customer will have additional payment terms in the schedule and contract entered into between CCA and the business customer entity.
  69. Refunds

  70. For all customers, all fees are non-refundable or exchangeable. There is no cooling-off period offered therefore you must ensure that your intent to obtain any of our Services or to make an application to the right centre is accurate, complete and final.
  71. Goods and Services Tax

  72. All prices are inclusive of Australian Goods and Services Tax (GST) where applicable. CCA will issue a compliant tax invoice where appropriate.
  73. Transaction Errors

  74. Any complaint made by the Customer that a transaction recorded on the Customer’s tax invoice / adjustment note is incorrect must be advised to CCA in writing within seven days of the issue of the tax invoice / adjustment note.
  75. If this does not occur, the transactions recorded in the tax invoice/adjustment note are taken to be correct. If part of the amount set out in the tax invoice / adjustment note is in dispute, the Customer agrees to pay the undisputed amount.
  76. Provision of Service

  77. Once payment has been made, the Institution will immediately receive access to our website and will have the following authorities:
    1. Access to Applicants’ information;
    2. Ability to ‘Accept’ or ‘Decline’ applicants; and
    3. Ability to ‘Revive’ expired application forms under circumstances that the Institutions see fit.
  78. CCA will only deliver application forms from Applicants to Institutions and will possess zero control over the selection process; the success of the applications will be entirely up to the Institution’s discretion.
  79. The Service may terminate if the Institution has not made payment for 20 business days after the payment date without notification.
  80. Once payment has been made, the application form will be automatically lodged to the Applicant’s selected Institutions.
  81. CCA will notify of any change in progress of the Applicant’s Service, however the success of the Service is dependent on the discretion of the Institution and the Applicant’s response.
  82. The Applicant needs to provide correct and up-to-date information to the best of their knowledge. CCA will not be liable for failure of application due to the Applicant not having provided up-to-date information.
  83. The Applicants acknowledge and agree that their position on the waitlist can go either up or down as later applicants who have met Institution-specific priority requirements can be placed ahead of applications with no/lower priority.
  84. Cancellations and Termination

  85. Should a business customer wish to cancel or withdraw from our service, they must inform us 15 business days before their preferred termination date.
  86. Cancellations will not be subject to refund for the remaining days of Service between the payment date and termination date.
  87. Upon cancellation, any active information of applicants on the Institution’s waiting list will be extracted and will be emailed to the Institution or otherwise agreed.
  88. Once the information of active applicants until the termination date has been emailed, the information will be stored in CCA’s archive. Should the Institution wish to return, previous information that was stored in our archive will be accessible however, additional charges will occur to update previous information and to migrate information over to our platform.
  89. Once payment of the Service has been made, the Service can be cancelled by ‘withdrawing’ from the selected Institutions via our website.
  90. Cancellations will not be subject to refund and cancelled applications cannot be revived.
  91. You may stop using the Website or our Services at any time for any reason.
  92. Individual customers can at any time permanently withdraw from our Service by deactivating your account. To deactivate your account, Individual customers must send us a request by email.
  93. Once Individual customers have deactivated their account, CCA will hold no information with regards to the account. If the Applicant wishes to return to our Service in the future, the Applicant must register and re-submit his or her details.
  94. CCA reserves the right in its absolute discretion to suspend or terminate at any time the access to the Website of any user without notice for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities.
  95. CCA may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website is in breach of these Terms, or is in breach of law or other regulation. CCA reserves its right to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief.
  96. Risk and Insurance

  97. Once the application forms have been lodged, our Services will only provide information on the progress of the application. The Services do not guarantee acceptance from Institutions, and the probability of acceptance is solely up to the Institutions’ discretion.
  98. The Applicant must, at their own expense, maintain contact with the Service. Should there be any change in the Applicant’s progress (accepted, declined, pending and withdrawn), the applicant will be notified by SMS, email or both.
  99. If the Applicant’s application was rejected because of not having provided up-to-date or correct information to the Institutions, a new application fee may occur to fix this.
  100. Third Party Websites

  101. The Website contains links to other web sites controlled, operated or produced by third parties (Third Party Websites).
  102. We take reasonable care in linking childcareapplication.com to other websites but CCA does not control, endorse, sponsor or approve any such third party websites or their content nor does CCA provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites.
  103. CCA makes no representations about the quality or accuracy of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a third party. We do not authorise the reproduction of such material.
  104. Links to CCA website

  105. If you wish to establish a link to this website, you must first seek approval from CCA. To seek approval, please contact us on enquiries@childcareapplication.com. The following information will be required to assess your request:
    1. the URL of the website that you seek to establish a link from;
    2. a brief description of your website; and
    3. the reason that you wish to establish a link.
  106. If CCA agrees to your proposed link, you must comply with any terms and conditions imposed by CCA as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact CCA and provide a new description of your website. You also agree that CCA retains the right to request at any time that you remove the links to our websites and that you will immediately meet such request.
  107. Interference with website

  108. You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on CCA website.
  109. Intellectual Property and Copyright

  110. All material, without limitation, including copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content) on the Website is owned, controlled by, or licensed to CCA and are protected by copyright, trade mark and other intellectual property laws. Except for viewing the Content for your own personal non-commercial use, CCA does not grant you any rights to use the Website or Content for any other purpose unless it expressly consents in writing. To ask for permission or for further information, please contact enquiries@childcareapplication.com
  111. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of CCA.
  112. CCA may enter into a separate agreement with you in relation to use of specific Website content (in which case that agreement will supersede this copyright statement and prevail to the extent of any inconsistency).
  113. Apart from any other use as permitted under the Copyright Act 1968 (Cth) or granted in a separate agreement, all other rights are reserved.
  114. Submissions

  115. Any material you send to us on or via the CCA website will be deemed to be non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use such material for any purpose without compensation to you.
  116. Privacy

  117. CCA recognises the importance of protecting the privacy of information collected about visitors to our Website, in particular information that is capable of identifying an individual (“Personal Information”). The privacy policy governs the manner in which Personal Information on the Website, will be collected, used and stored. For more information about how we protect your privacy and personal information, please see our Privacy Policy.
  118. We do not share information about you with third parties without your permission unless it is necessary to provide you with a service that you have requested, it is required or authorised by law, or it will prevent or lessen a serious and imminent threat to somebody's health.
  119. Account Holders (all individual users and organisations)

  120. Some services may require that you register with CCA to obtain a username and password that can be used to log in to access content or secure facilities. It is your responsibility to protect your password from disclosure to unauthorised individuals. If you sign up for a username and password, you agree to be responsible for:
    1. all activities that occur under your username and password;
    2. maintaining the confidentiality of your password and the secure information disclosed to you;
    3. changing your password on a regular basis;
    4. maintaining accurate and up to date contact details that are used by CCA to provide you with a new password, remind you if you have forgotten your user name or password, or to send you an access key via SMS;
    5. contacting us if your password becomes known to unauthorised persons or that person is no longer employed by your organisation;
    6. contacting us if your username or password have been lost, stolen or otherwise compromised; and
    7. logging out at the end of each session.
  121. Security

  122. We strive to protect information you provide on our Website. We will use all reasonable endeavours to ensure that childcareapplication.com and your information are not compromised. However, we cannot guarantee that no Harmful Code will enter childcareapplication.com. You should be aware of the risks associated with using websites.
  123. We recommend that you use appropriate and up-to-date firewall and anti-virus software to protect your computer systems.
  124. Where connection to a system or website outside our control compromises the objectives of childcareapplication.com, we may sever links to that website or system.
  125. The effective management and security of this Website requires that usage to be monitored, and analysed for evidence of misuse and attempted or actual security breaches. If you violate these Terms, including by unauthorised or improper usage, CCA may record these activities and take appropriate action against you or, where applicable, an account you hold with CCA. This action can range from issuing a warning, to the termination of your account or access. CCA reserves the right to report any offence to the proper authorities.
  126. You acknowledge that the internet is an insecure public network which means there are risks that information sent to or from the Website may be intercepted, corrupted or modified by third parties. In addition, files obtained from or through the Website may contain malware. You agree that you bear the risks and responsibility for any loss or damage caused, directly or indirectly, by these risks.
  127. The Security Package offers stronger protection of any information that CCA holds with regards to the Institution (username, password, Applicants’ information etc).
  128. The Security Package does not offer 100% protection against all potential security breaches or cyber threats.
  129. Data Formats and Email
  130. CCA will generally accept email correspondence. Certain transactions may require identification of an individual. CCA will direct email replies to the email address from which the communication was sent unless an alternative email address or form of communications is specified (for example, in a relevant agreement between you and CCA).
  131. All electronic addresses of CCA and its employees published on this Website are for business purposes only. CCA and its employees do not consent to receiving unsolicited commercial electronic messages not directly related to CCA’s business.
  132. CCA currently employs webmail server in its email system. These systems enable us to process the vast majority of modern email types and attachments. Attachment types can be in any standard format, including but not limited to MS Office, Word Perfect, JPG, GIF, BMP, MPEG, AVI.
  133. CCA employs an email content management system to scan all incoming and outgoing email. It is our corporate security policy to strip all common executable formats, including but not limited to .exe, .vbs, .bat, .pif etc. Please note that the receipt and dispatch of image and multimedia files is reviewed and may be blocked by CCA’s system as they are received, should any issue regarding their content be raised. The receipt of all other attachment types is logged by the system for future reference if required.
  134. Total incoming email message size (including headers and attachments) is limited to 4Mb. Encryption of attachments, if used, should be discussed with the intended recipient before sending, however, PGP or any self-extractive archive is preferred. Winzip is the corporate standard for compression.
  135. Our Security Responsibilities
  136. We will ensure that:
    1. The data you give us will be safe. Encryption is used to protect the personal information you give us.
    2. Your data will be stored at a secure facility. Regular backups of data are performed to ensure it can be recovered in case of a disaster.
    3. All access to the system is logged. If any unauthorised behaviour should occur, this will assist us in identifying and resolving the issue.
  137. Protecting Your Computer
  138. You should:
    1. Install and activate security software on your computer. Ensure your security software includes anti-virus, anti-spyware, firewall and anti-spam filter.
    2. Run regular scans of your computer for viruses.
    3. Remember to update your security software to ensure you are always running the current version.
    4. Check your Internet browser's security settings for ways to make your browsing more secure.
    5. Do not open email attachments if you do not know the sender.
    6. Only download files from reputable Internet sites.
    7. Be wary when exchanging files with colleagues or friends.
    8. Never click on hyperlinks in emails received from unknown sources.
  139. Protecting Your Password
  140. You should:
    1. Never share your password with anyone.
    2. Never send your password via email.
    3. Make your password as strong as possible.
  141. Reporting Suspicious or Unauthorised Activity
  142. You should report any suspicious or unauthorised activity relating to your use of childcareapplication.com by contacting us. This will help us make our Website as secure as we can.
  143. Limitation of Liability and Disclaimers

  144. CCA does not warrant or guarantee:
    1. the accuracy or completeness of any information available on the Website;
    2. that access to the Website will be uninterrupted or error free;
    3. that any defects will be corrected immediately; or
    4. that the Website will be free from viruses or other contamination.
  145. To the maximum extent permitted by law CCA excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the website content and the use or performance of the CCA website and incurred by any person.
  146. You agree to release, indemnify, defend and hold harmless, CCA and its employees, contractors and officers from all loss, liabilities, damages, costs, claims and expenses (including legal costs on a full indemnity basis) that arise directly or indirectly from your breach of the Terms and your activities in connection with the use of this Website and any of the Services.
  147. You use the internet and the Website at your own risk.
  148. Where the law implies a warranty into these Website Terms and Conditions which may not lawfully be excluded CCA’s liability for breach of such a warranty shall be limited at its option, to any one or more of the following:
    1. in the case of goods, to anyone it determines of the following: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
    2. in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.
  149. Your use of our Website does not affect or reduce any obligation owed to you by us; or reduce any obligation you owe to us.
  150. The childcareapplication.com website is not a substitute for any professional advice and you should obtain any appropriate professional advice relevant to your particular circumstances. You must exercise your own judgement and carefully evaluate the material on childcareapplication.com.
  151. CCA is not subject to, and the Customer releases CCA and all its directors, employees and agents from, any liability (including but not limited to failure of application) because of not accepting offers within the limited time frame.
  152. Any failure of application due to compelling circumstances should be directly brought to the respective Institutions.
  153. These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.
  154. Variation to Terms

  155. CCA may vary these Terms at any time, and by continuing to use the Website you consent to any variations. CCA will not notify of these variations and it is your responsibility to regularly check these Terms for any variations.
  156. Dispute Resolution

  157. The parties agree to use reasonable commercial efforts to resolve by negotiation any problem arising between them under this Agreement. If, after 20 Business Days, the matter remains unresolved then an appropriate representative from each of the party’s senior management personnel will meet to discuss and attempt to resolve the disputed matter.
  158. Force Majeure

  159. If a Force Majeure Event occurs the affected party will be excused from performing its obligations under this Agreement provided it has notified the other party as soon as reasonably practical. During the force majeure period, both parties will take reasonable efforts and enter into discussions to seek to provide for the continued provision of the Service. To the extent CCA continues to provide the Services, the Customer will pay any charges due. If the Force Majeure Event continues for more than a total of 20 Business Days, then either party may terminate this Agreement.
  160. Notices

  161. Any notice given in connection with this Agreement must be in writing. A notice is taken to have been given if:
    1. delivered by hand, on the date it is delivered;
    2. sent by post, on the third day after the date of posting;
    3. transmitted by fax, at the time of dispatch as confirmed by a transmission report on the sending machine; or
    4. transmitted by email, only in the event that the other party acknowledges receipt by any means.
  162. Governing Law

  163. These Terms are governed by the laws of the Australian Capital Territory in Australia, and any dispute in relation to these Terms or your access or use of the Website will be the exclusive jurisdiction of the Courts of the ACT.
  164. Contract

  165. The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties.
  166. CCA may subcontract any of its obligations under this Agreement. CCA remains liable to the Customer for its subcontractor’s acts and defaults as if they were CCA’s own acts and defaults.
  167. Miscellaneous

  168. If any of these Terms are unenforceable or held to be invalid, the offending provision/s will be removed from these Terms and the amended Terms and any remaining terms will remain in force.
  169. Any failure by CCA to act or enforce these Terms immediately will not be considered a waiver of CCA’s right to take any such action.
  170. Contact Us

  171. Contact us if you have any questions or requests on
    enquiries@childcareapplication.com
    Alternatively, you can write to us at:
    Post: GPO Box 999, Sydney NSW 2001
  172. Effective Date 1 May 2015