Kiddo for Childcare - Terms of Service Updated 17 August 2023

Welcome to Kiddo for Childcare. Kiddo for Childcare enables businesses to advertise jobs (“Advertisers”) and job seekers to apply for jobs (“Candidates”), using Kiddo for Childcare.

These Terms of Use (“Terms”) apply to any person (including any Advertiser and any Candidate) who uses Kiddo for Childcare.

Please read these Terms carefully before using Kiddo for Childcare.

By using Kiddo for Childcare, you agree to be bound by these Terms, including any changes that may have been made since your prior use of Kiddo for Childcare. We may change or modify these Terms at any time in accordance with section 12.6 below.

If you do not accept these Terms, please do not use the Kiddo for Childcare service.

Please note, we reserve the right to remove any User from using Kiddo for Childcare at any time.

Click on the links below to read more about each section:

1. Definitions

1.1 For the purpose of these Terms:

(a)“Personal Information” is information that could reasonably be used to identify an individual or as other defined in relevant privacy laws.

(b) “you” or “your” or “User” means the person (such as an Advertiser or Candidate) using or accessing Kiddo for Childcare or any part thereof.

2. Purpose of Kiddo for Childcare

2.1 Kiddo for Childcare is designed for Advertisers to post legal and valid employment opportunities (“Listings”) and for Candidates to review the posted Listings and contact and submit job applications, resumes and other information to the Advertiser directly.

2.2 Kiddo acts as a service through which Advertisers can provide information about employment opportunities and Candidates can seek employment opportunities from Advertisers.

3. Password and Login

3.1 All Advertisers are provided with password and login details. Advertisers are responsible for the continued confidentiality of such details.

4. Payment

4.1 Advertisers must pay the then current advertised listing fee to Kiddo (Listing Fee) as notified by Kiddo for Childcare when the Listing is posted.

4.2 Kiddo may charge Advertisers interest on late payment at its applicable bank interest rate plus any costs we incur as a result of collecting an Advertiser’s payment.

4.3 If the Advertiser does not pay the Advertiser’s account on time Kiddo may disable the Advertiser’s account without notice and refuse to supply further services to the Advertiser.

4.4 The Advertiser authorises Kiddo to collect payment from the Advertiser by debiting the Advertiser’s nominated bank account or credit card or other method agreed between Kiddo and the Advertiser within 14 days of the date of invoice.

4.5 Advertisers agree that:

(a) they will provide accurate and up to date payment details, including bank account or credit card details or such other details as agreed, to support the payment of the Listing Fee;

(b) pursuant to the Privacy Act 1988 (Cth), the Advertiser authorises Kiddo to obtain from either a credit reporting agency or other credit providers personal credit information about the Advertiser and/or the Advertiser’s directors or a consumer credit report about the Advertiser for the purpose of approving the Advertiser’s use of Kiddo for Childcare as an Advertiser or collecting overdue payments owed by the Advertiser.

5. Site rules

5.1 Each Advertiser and Candidate warrants and agrees that:

(a)they has the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;

(b) they will not use Kiddo for Childcare to upload, download, transact or make available data that is unlawful, offensive or otherwise in our opinion objectionable or damaging to Kiddo, the Kiddo for Childcare Users or persons generally;

(c) they will use Kiddo for Childcare and any information (including Personal Information) derived from or through Kiddo for Childcare only for the purposes for which it is supplied; and

(d) it will not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Kiddo, Kiddo for Childcare or any other Kiddo service without Kiddo’s prior written approval.

5.2 We reserve the right to monitor all activity on the Kiddo site and to not pass on or deliver any message or communication that may be malicious, spam, fraudulent, or unwanted, or for any other reason. This includes attachments of any type, scripts, macros, or any other form of code. You agree the determination of what constitutes spam is in Kiddo’s sole discretion. Kiddo may use data collected through the Kiddo site to make such a determination. Kiddo reserves the right to interact with users through the Kiddo site, including to investigate whether users are violating these Terms. Kiddo reserves the right to turn over any information gathered via such investigations to law enforcement or other third party.

5.3 You may not use or misappropriate the Kiddo for Childcare service or any information (including Personal Information) for your own commercial gain. You may not crawl, scrape, data mine, extract data from, reproduce, duplicate, copy, sell, exploit, trade or resell any part of the Kiddo site, except as expressly permitted by Kiddo beforehand, in writing. You may not use any automated system or software, whether operated by a third party or otherwise, to violate any of Kiddo’s terms.

6. Advertiser Obligations

6.1 Each Advertiser warrants and agrees that:

(a) any information (including Personal Information) of any Candidate that it obtains through its use of Kiddo for Childcare will only be used in relation to assessing whether or not the Advertiser should employ that Candidate, and employing that Candidate.  That information must only be used in accordance with these Terms and all relevant laws and regulations;

(b) all Listings posted by the Advertiser comply with all relevant laws and regulations;

(c) any Listing will only be in respect of a genuine, paid employment opportunity that is current as at the time of posting the Listing and for which that Advertiser is currently recruiting.

6.2 Kiddo reserves the right to request any information from an Advertiser that Kiddo deems necessary to verify that a genuine, paid employment opportunity exists.

6.3 Advertisers acknowledge and agree that they must only advertise one job role per Listing.

6.4 To ensure that the Kiddo for Childcare service is not misused (particularly in relation to data harvesting) only eight Candidates will be supplied in relation to any Listing and those Candidates will be generally (but not necessarily be put forward on a “first come, first served” basis.

7. Candidate Obligations

7.1 Each Candidate agrees and acknowledges that:

(a) information submitted in relation to a Listing will be shared with the Advertiser;

(b) advertisers will have access to any information about the Candidate included in their public profile on the Kiddo site and application;

(c) listings are posted by Advertisers over whom Kiddo exercises no control, including links to or from any Listing, or any conditions Advertisers or other third parties might impose once a Candidate has submitted an application or left the Kiddo for Childcare application or site;

(d) prior to submitting an application through Kiddo for Childcare, Candidate is responsible for reviewing and confirming that it is applying to the desired employer;

(e) Kiddo has no control nor does Kiddo participate in the hiring or decision-making process regarding Advertiser hiring efforts;

(f) if Candidate wants to request an Advertiser to delete, modify, or maintain confidence over any information provided by that Candidate to the Advertiser, Candidate must make such a request directly to the Advertiser.

7.2 Any questions a Candidate has relating to a Listing including in relation to its application and/or the status of that application must be directed directly to the Advertiser, not Kiddo.

7.3 Kiddo reserves the right to disable or delete a saved resume or cover letter at its discretion.

7.4 Each Candidate acknowledges that the use of his or her information (personal or otherwise) by Advertisers is not within our control and Kiddo cannot accept responsibility for the conduct of these companies.

7.5 Each Candidate has the right to directly contact any Lister to request access to or the deletion of any personal information sent as part of an application or that has been provided to the Advertiser as part of the Candidate’s Kiddo profile.

8. No Representations

8.1 Kiddo does not vet, nor is it responsible for vetting, Advertisers, Candidates or advertisements posted on the Kiddo for Childcare dashboard. In particular, Kiddo has not conducted a work health and safety assessment of any potential worksite and offers no guarantee that any employment opportunity advertised through the Kiddo for Childcare service complies with the Fair Work Act 2009. Candidates are expected to consider these matters independently of Kiddo.

8.2 Kiddo does not represent, warrant, guarantee or accept responsibility or liability for the truthfulness, form, content, accuracy, currency or reliability of any information or communication whether oral or in writing by or between Advertisers and Candidates, including any Listing on the Kiddo for Childcare dashboard or those appearing in Candidates’ resumes.

9. Intellectual Property

9.1 Kiddo owns all intellectual property in Kiddo for Childcare, with the exception of the content Listings, which shall remain the intellectual property of the Advertiser that made the Listing but which each Advertiser licenses to us in accordance with the license below.

9.2 Users of the Kiddo for Childcare service may not use any intellectual property for any purpose other than as may be required to use the Kiddo for Childcare service for its intended purpose.

9.3 In relation to the content of Listings, each Advertiser grants to Kiddo an unconditional, perpetual, world-wide, irrevocable, fully paid and royalty free licence and right to use, display, copy, modify, adapt, reproduce, commercialise, prepare derivative works, display and publish all such intellectual property and that content forming all or part of a Listing, for any purpose. Title to, and all intellectual property in, the Kiddo for Childcare service, and all related and underlying systems is and remains the property of Kiddo (and its licensors).

10. Privacy

10.1 Kiddo will use the Personal Information provided by Advertisers and Candidates in accordance with its Privacy Policy at Kiddo’s Privacy Policy, as updated from time to time, is incorporated into these Terms by reference. Candidates and Advertisers consent to the handling of Personal Information they provide to the Kiddo for Childcare service in accordance with these Terms and the Kiddo Privacy Policy.

10.2 Selling or offering services or products to Candidates whose Personal Information an Advertiser has obtained through its use of the Kiddo for Childcare service is considered by Kiddo to be a misuse of Candidate data, and is prohibited.

10.3 Advertisers are responsible for complying with all relevant privacy laws, including the Privacy Act 1988 (Cth) as amended and updated from time and time and in particular will:

(a) Provide appropriate privacy notice to Candidates;

(b) Only collect such Candidate Personal Information as is allowed;

(c) Only use personal Candidate Personal Information for appropriate purposes;

(d) Take all reasonable steps as necessary to secure Candidate Personal Information;

(e) Not retain Candidate Personal Information for longer than reasonably required;

(f) Promptly respond to any exercise by a Candidate of their individual rights.

11. Limitation of Liability and Disclaimer

11.1 You are solely responsible for all decisions you make in connection with any services you access through Kiddo for Childcare as an Advertiser or Candidate. Kiddo provides no warranty that services generally available through the Kiddo for Childcare service will be uninterrupted or error free.

11.2 You agree to indemnify, defend and hold harmless, Kiddo from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses which arise out of relate to your missuse of the Kiddo for Childcare service, including (a) any breach of these Terms; (b) any negligent act or omission by you; (c) any Listing; or (d) any breach by you of any law, legislation or regulation which occurs as a consequence of any Listing or as a result the misuse of any data obtained from any Listing.

11.3 To the maximum extent permitted by law:

(a) Kiddo will not be liable for:

(i) the availability (or lack thereof) of Kiddo for Childcare;

(ii) any Listing or other advertised job, the scope of any advertised job or any changes to an advertised job;

(iii) the accuracy of information, including any job advertised, a Candidate’s profile, background or capability;

(iv) any claims arising out of or in connection with these Terms for breach of law, contract, negligence or any other liability whatsoever; or

(v) any other terms of engagement the Advertiser and Candidate might reach or agree.

(b) Kiddo excludes all implied representations and warranties which might apply in relation to a User of the Kiddo for Childcare service. Save as expressly provided in these Terms, we make no warranties, express or implied representations or guarantees as to merchantability and/or fitness for any purpose and we do not guarantee that our services are error free.

(c) In the case of goods or services supplied or offered via the Kiddo for Childcare service, Kiddo’s maximum aggregate liability to a User under or in connection with these Terms, the Kiddo for Childcare service, whether in contract, tort (including negligence), breach of statutory duty or otherwise which cannot be excluded by law, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.

11.4 In no circumstance will Kiddo be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or in any way connected to business interruption of any type, whether in tort (including negligence), contract or otherwise.

11.5 In respect of Advertisers, Kiddo accepts no responsibility or liability for errors in your Listings and you must check your Listings for errors as soon as they are placed on the Kiddo for Childcare dashboard.

11.6 The Kiddo for Childcare service may have links to third party sites. Access to any other site linked to Kiddo for Childcare, is at User’s own risk. Kiddo accepts no responsibility for the accuracy or reliability of any information, opinions or statements made in any third-party site.

12. General Terms

12.1 Kiddo reserves the right to terminate any Advertisers agreement with Kiddo if the Advertiser posts any Listing in any way which is in breach of any of these Terms.

12.2 Kiddo reserves the right to, in its absolute discretion (acting reasonably), reject, edit or remove any Listing from Kiddo for Childcare for any reason.

12.3 Termination of our agreement with any Advertiser will not end provisions of these Terms that are capable of surviving termination such as sections 9, 10 and 11.

12.4 If a particular term of these Terms is not enforceable, it should be modified so as to be enforceable, but regardless will not affect any other terms. Our failure to act upon a breach of these Terms does not mean we waive any rights that we may have.

12.5 If a dispute arises out of or relating to these Terms, the relevant parties shall attempt to resolve the matter between themselves in an appropriate manner before escalating to mediation or other alternative dispute resolution process or litigation. Each User acknowledges that Kiddo will not and is not obligated to provide any dispute assistance in relation to disputes arising between Advertisers and Candidates. Nothing in this section limits the right of any party to seek or obtain urgent interlocutory or interim relief.

12.6 We may modify these Terms from time to time by posting the modification(s) or updating these Terms on the Kiddo for Childcare dashboard. Unless otherwise specified by us when posted, all modifications will be effective upon posting. If you do not agree to any modification(s), your only recourse will be to cease using the Kiddo for Childcare service. If you continue to participate as an Advertiser or Candidate after any modification becomes effective, then your participation will constitute acceptance of such modification.

12.7 These Terms shall be governed by and construed in accordance with the laws of the state of Queensland, Australia. The parties agree to submit to the non-exclusive jurisdiction of the Courts of Queensland.