TERMS OF USE of the CarePool App

April 30, 2016

 

 

These are the terms and conditions which govern your use of the CarePool app. Make sure You have a look through before using the app. 

The CarePool Application (the Application) offers a communications platform for arranging care for children between parents and their existing networks of family and friends. Your access to and use of the Application will be subject to and governed by these Terms of Use. By using the Application, You agree to the following Terms of Use.

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In these Terms of Use:

Company” means Care Pool Pty Ltd, (ACN 606 288 206) the company that owns and operates the Application.

Carer” means any person offering to care for another person’s child using the Application.

Parent” means a parent or guardian of a child or any other person looking for a Carer for a child using the Application.

User” means a person using the Application.

You” means you, a User.

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  1. What the Application does / CarePool is not a childcare service *Highly important

1.1. The Application offers a communications platform for arranging care for children. The Application assists people to connect with friends and family whom they already know and ask for or offer help in caring for children.

1.2. The Company does not own, operate or provide any service related to the care of children, either paid or unpaid, and is not in any way involved in any employment or engagement of Carers.

1.3. The Application’s functions are limited to enabling

  1. Safety of Children & Online Safety  *Highly important

2.1. Organising care of children is an incredibly important activity and You should not rely on the Application when determining that your children are safe. You should supplement any care arrangements with face-to-face or other communications to ensure your children are safe.

2.2. The Application does not validate, vet, screen or recommend Carers or provide any warranty as to their suitability as carers for your children. You remain wholly responsible for deciding whether a particular Carer is appropriate.

2.3. Review our Safety of Children guide on our website regularly to ensure You understand what the Application does and does not do, and what your responsibility is for ensuring the safety of children.

  1. Your other obligations

3.1. You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password.

3.2. You must not use the Application in breach of any applicable laws or regulations, to transmit (or authorise the transmission of) any unsolicited communications or spam messaging, to harm or harass another User, for any commercial purpose or for any unlawful purpose.

  1. Your Material and Material made available via the Application

4.1. By uploading, transmitting, posting or otherwise making available any material via the Application (“Material”), You grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the Material in any form and for any purpose; warrant that You have the right to grant the abovementioned licences; and consent to infringement by the Company of any moral rights (as defined by the Copyright Act 1968 (Cth)) that You may have in the Material to the extent permitted by the Copyright Act 1968 (Cth).

4.2. We reserve the right (but have no obligation) to:

  1. review, modify or remove any Material which You upload, post or transmit that, in our opinion, violates these Terms of Use or otherwise has the potential to harm, endanger or violate the rights of any person; and
  2. monitor use of the Application, and store or disclose any information that we collect, including in order to investigate compliance with these Terms of Use or for the purposes of any police investigation or government request.

4.3. We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Application by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.

  1. Acceptance of Risk and Release from Liability *Highly important

5.1. You are wholly responsible for your use of the Application and You use the Application solely at your own risk.

5.2. You acknowledge that we are not responsible for, and accept no liability in relation to your use of the Application or your conduct in connection with it (whether online or offline), or any other Users’ use of the Application or conduct in connection with it (whether online or offline), in any circumstance, including but not limited to any arrangements made for the care of children.

5.3. You are solely responsible for content that You transmit or post via the Application, or otherwise transmit to any User of the Application by any other means.

5.4. We disclaim all liability with respect to any content transmitted via the Application, including your reliance on such content.

5.5. We make no warranties or representations as to the quality, accuracy or completeness of the content on the Application or the information otherwise provided by any member, the conduct or quality of the care provided by Carers or the conduct or quality of Parents.

5.6. You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Application, including any breach by You of these Terms of Use.

5.7. To the maximum extent permitted by law, we exclude all implied representations and warranties which might apply in relation to your use of the Application.

5.8. In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.

  1. Changes to Services

6.1. We reserve the right to change or discontinue any service or feature on the Application in whole or in part at any time. We reserve the right to introduce charges for use of the Application or any services or features at any time.

6.2. While we use reasonable endeavours to ensure that the Application is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the Application may be suspended temporarily or permanently without notice in the case of system failure, maintenance or repair or any reason beyond our control.

  1. Termination

7.1. We may terminate your membership at any time for any reason.

7.2. We may terminate your membership if You are in breach of these terms or if we otherwise believe (acting reasonably) that You are unfit to be a User.

7.3. We reserve the right to, without limitation, do any or all of the following in relation to your membership: suspend your membership; permanently or temporarily hide all or part of your member profile; modify your member profile; deactivate your membership if You have not used the Application for a period of 6 months or more (from the date of last use); and/or permanently or temporarily block your access to all or part of the Application.

7.4. You can terminate your membership at any time by emailing us at hello@carepool.co

  1. Intellectual Property

8.1. The Application is protected by Australian and International copyright and other intellectual property laws.

8.2. You may use the Application for your personal, non-commercial use only. You must obtain our express written permission to reproduce any part of the Application or other intellectual property owned by us or to create a link to the Application.

  1. Links to third party sites and advertisements

9.1. This Application may contain third party advertisements and links to third party sites. Access to any other Internet site linked to this Application is at your own risk and we accept no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made in any third party advertisements or on any third party sites.

  1. Amendment of Terms of Use

10.1. We may change these Terms of Use at any time. If we do, an amended version of these terms will be posted on or via the Application. Your continued use of the Application after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes.

  1. General

11.1. Your use of the Application will be governed by and construed pursuant to the laws of the State of Victoria, Australia and You agree to submit to the non-exclusive jurisdiction of the courts in that jurisdiction.

11.2. Any failure by us at any time to enforce any provision of these Terms of Use will not be a waiver of such provisions or rights or affect the validity of these Terms of Use.

11.3. If any term or part of a term of these Terms of Use is deemed to be invalid, illegal or unlawful, that term or part thereof will be deemed to be severed and of no force and effect but all other terms and parts thereof will remain in full force and effect.

11.4. We reserve the right to disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.

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Attribution – Icons: 

Certain Dashboard and Event listing icons used in the Application are from Noun Project and are used under a Creative Commons Attribution 3.0 Licence. For more information see http://creativecommons.org/licenses/by/3.0/us/

  • Dashboard icon created by Tim Madle
  • Offer icon created by Sergey Demushkin
  • Ask icon created by Alejandro Capella
  • Profile icon created by Javier Cabezas
  • More icon created by Bryn Taylor
  • Evening of earthly delights icon created by Thomas Le Bas
  • Body and soul bubble created Claire Jones
  • Golden piece of calm icon created by Lloyd Humphreys
  • Night of Escape icon created by Tommy Lau
  • Custom offer and request icon created by Josh Deane
  • Get stuff done icon created by  Daan Kauwenberg
  • Fleeting ticket chance icon created by Daouna Jeong
  • School rescue icon created by Annie Wang
  • Circuit breaker icon created by Sergey Demushkin

Thank you!

Effective / Last updated: 28 June 2016

 

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