By accessing or using this website, you agree to be bound by the following terms and conditions of use ("Terms Of Use"), which consitute a legal agreement between you and Kelltech (Daycare Inc). Do not use this website if you do not agree to these terms of use.
Terms & Conditions
Licence To Use The Content On The Website
You acknowledge that the Website, the Service and all related content are subject to copyright and possibly other intellectual property rights (Intellectual Property Rights).
We grant you a limited, non-transferable licence to access and use the Website and the Service solely for the purposes of carrying out child care activities and only for these purposes.
We (or our licensors) retain all right, title, and interest in and to the Website, the Service and all related content, and nothing you do on or in relation to the Website, the Service or any of the related content will transfer any Intellectual Property Rights to you or licences you to exercise any Intellectual Property Rights whatsoever, except any license granted to you in writing.
Except as provided in these terms and conditions, permission to electronically reproduce the Website, the Service or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at enquiries@daycareinc.com.au if you wish to obtain such consent.
You may access and display these pages on a computer or a monitor, and print out any whole page or pages in this web site. All other use, copying or reproduction of any part of this web site is prohibited (save to the extent authorised by law notwithstanding this provision). Without limiting the foregoing, no part of this web site may be reproduced on any other internet site. You may not remove or alter any copyright notice which appears in conjunction with any applets, text or graphics in this web site.
Subject to any applicable law, we may revoke the permission referred to within this document at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website or the Service without notice if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party.
Kelltech reserves the right at any time to change or add to this web site, including these terms of use.
Trade Marks
This site includes registered trademarks, and other trademarks that are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited.
Registration
- you must provide us with accurate, complete and updated registration information;
- you must safeguard any user name and password;
- you authorise us to assume that any person using the Website or Service with your user name and/or password is either you or is authorised to act for you;
- where your user name and/or password is specific to you, you must not allow anyone else to use your username and/or password;
- you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware;
- you may cancel your registration at any time by notifying us;
- we reserve the right to discontinue or cancel your registration in our sole discretion without notice if you breach any of these terms and conditions or any applicable law or if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party.
You are required to "signup" with us in order to access the Website or to make use of the Service.
Annual Subscription
We currently charge an annual subscription fee of $196 plus GST to Child Care Centres. This fee may change if we decide in our sole discretion that the costs of hosting this web application warrant an increase in the annual subscription fee. We will advise you in writing if we anticipate any increase in the future and an email will be sent to the email address you supplied to us in your user registration form. An tax invoice will be sent to you after signing up which has to be paid within 7 days. The user account will be deactivated if the invoice remains unpaid after 30 days from the invoice date.
Interference & Hacking
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on this website.
You must not attempt to break into or access restricted areas, or information that has not been specifically granted to you or in the public areas of the website.
Additional Terms
Certain sections or pages on this Website may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
Waiver Of Legal Right
If you breach any of these Terms of Use, and Kelltech has knowledge of that breach, a failure to pursue legal action or to \ enforce any remedy against you will not constitute a waiver of Kelltech's legal rights.
Any waiver of these Terms of Use will only be effective if it is in writing and signed by Kelltech.
Governing Law
These Terms and Conditions are governed by and construed in accordance with the State of New South Wales, Australia. In the event that a dispute arises from these terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
Kelltech has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if Kelltech considers (in its discretion) that such action is necessary or desirable.
In the event that any of these Terms & Conditions of Use are deemed by a court to be invalid, those invalid Terms and Conditions shall be excised and the remaining provisions shall remain in full force and effect.
Version Information
These Terms of Use are Version 2, replace all previous versions, and were last updated in August 2011.
Privacy Policy
Collection Of Your Personal Information
This website collects two main categories of information about its users.
Anonymous Information
This type of information does not alone identify specific individuals.
As most web sites do, we track usage patterns of our site on an anonymous aggregate basis. Each time you visit our site our web server makes a record of your visit. Specifically it records your:
- Internet Provider (IP) address
- Top level domain name (ie. .com, .gov, .au, .uk etc)
- Date and time of your visit
- Pages accessed and the documents downloaded
- Uniform Resource Locator (URL) of previously visited sites
- Search phrases entered
Personal Information
When you use this website our Internet Service Provider (ISP) may make a record of your visit and log your server address, your domain name, the date, time and duration of your visit, the pages and documents you accessed, the previous site you had accessed (ie the referring url) and the type of browser you are using.
In the unlikely event of an investigation, a law enforcement agency or other government agency may exercise its legal authority to inspect our ISPs or server log files.
It is also possible that your ISP is logging your activity while you visit our site. This is obviously beyond the control of Kelltech.
While you are visiting our site we may use cookies to facilitate a more personalised web browsing experience.
How We Use And Disclose Your Personal Information
The personal information that you provide to us during interaction on this site, and in other interactions between us, is used to provide you with better service for the supply of our products and services to you. The information we gather from your use of this web site enables us to provide more personalised products and services that are tailored to your needs.
Any personal or business information which you do supply will only be used internally at Kelltech and will not be divulged to a third party unless that third party is involved in the delivery of a product or service which we deliver, or complements one of our products or services. In addition to this, your personal or business information may need to be supplied to subcontractors and agents which we may use from time to time in the delivery of a product or service (eg, delivery companies will be supplied with delivery information) or where required by law.
Your daycare contact details will also be listed in a separate web site which can be used by the general public as a search tool to find a day care centre or early childhood educator.
We may also disclose your personal or business information under the following circumstances:
- Where there are reasonable grounds to believe that use or disclosure is necessary to prevent a threat to life or health;
- Where we suspect that unlawful activity is or has been engaged in and we use or disclose the personal information to investigate the suspected unlawful activity; or
- The use or disclosure is authorised by law or reasonably necessary to enforce the law.
Kelltech may also use your personal information for the purpose of direct marketing. We may only use your personal information or data for the purpose of direct marketing in relation to promotional activities where it is impracticable for us to obtain your prior express consent. However, when we do this, we will provide an express opportunity when we first contact you to decline receiving any further marketing communications from us, via an opt-out mechanism.
Security Of Your Personal Information
We will take all reasonable steps to ensure that all personal information we collect, use or disclose is stored in a secure environment accessed only by authorised persons.
While Kelltech employs advanced data encryption technology when interfacing with its customers, suppliers and other partners, users should be aware that there is a residual risk in transmitting any data electronically. This risk is inherent in all Internet dealings.
How To Access, Correct, Or Update Your Personal Information
It is your responsibility to ensure that you person details are correct and we urge you to login to the application and check your details from time to time
Exceptions to your access rights include:
- Where providing access will pose a serious threat to the life or health or any individual or pose an unreasonable impact on the privacy of an individual;
- Your request for access is frivolous or vexatious;
- Where the information relates to existing legal proceedings between Kelltech and you and the information would not be discoverable in the process of those legal proceedings; or
- Where providing access would be unlawful, may prejudice an investigation of possible unlawful activity, may prejudice enforcement of laws, or denying access is specifically authorised by law.
Links To Other Websites
Parts of our site offer links to third party websites for advertising purposes. If you visit one of these linked sites, we recommend you refer to their privacy policy or statement.
This Privacy Policy applies to the Kelltech's sites only and assumes no responsibility for the policies or content of third party sites.
Changes To This Privacy Policy
We may change this Privacy Policy at any time by posting the amended version on this website.
How To Contact Us If You Have A Complaint Or Question
According to the Privacy Act 2001, you have a right to access the personal information which we hold about you and to ensure the accuracy and completeness of our records. If you wish to view any personal information we hold about you, send an email to enquiries@daycareinc.com.au.
If you have any questions or concerns about this Privacy Policy or if you have a problem or wish to lodge a complaint in relation to an alleged breach of your
privacy, please contact us by sending an email to enquiries@daycareinc.com.au or writing to us at the following address:
Australian Head Office
6 Argyle St
Wilton
NSW 2571
Disclaimer
Limitation Of Liability
To the extent permitted by law, in no event will Kelltech be liable for any loss or damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or failure, even if Kelltech, or its representatives, are advised of the possibility of such damages, losses or expenses. To the extent permitted by law, liability under any condition or warranty which cannot be legally excluded is limited at Kelltech's option to replacement or resupply of goods or services or payment for the same.
No Advice Given
You should not act on the basis of anything contained on this Website without first obtaining specific professional advice.
Third Party Sites
This site contains links to third party sites. Kelltech is not responsible for the condition or the content of those sites. The link (s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the site(s) or the products or services provided there. You access those sites and use their products and services solely at your own risk. Kelltech does not represent that the content or services available from third party sites are appropriate or available for use in all parts of Australia or the world. If you access other content or services from third party sites, Kelltech is not responsible for your compliance with local laws or other applicable laws.
Third Party Offers
This website may contain references to other special offers or promotions by persons who are not part of Kelltech. Subject to any applicable law which cannot be excluded, Kelltech makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of the goods or services available from these persons. Your obtaining of goods or services from these persons is at your own risk. You indemnify Kelltech against all liability, loss, damage, cost and expense arising from or relating to your obtaining goods or services from a third party referred to in this website.
Software Downloads
Any software that is available to download through links from this website is a third party product unless otherwise indicated. Your use of that software may be subject to a licence agreement between you and the software owner. To the extent permitted by law, Kelltech accepts no liability in respect of such third party software and Kelltech provides no warranty and gives no endorsement in respect of such products or any party connected with them. If you have any feedback or suggestions concerning this software, please contact us.
Viruses
Kelltech cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Kelltech entirely of all responsibility for any consequences of its use.Spam
Kelltech does not send spam and any communications you may receive from us are in accordance and compliance with the Spam Act 2003.
Use Of Cookies
Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide you site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser, you may not be able to fully experience all features of the Daycare Inc web pages.
Accessibility
This website and the materials displayed on it may not be accessible from time to time due to unforeseen circumstances, and due to third party suppliers or events of nature, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.