Product Terms

ZENROL Pty Ltd ABN 19 156 032 138 (“ZENROL”), provides its online waiting list management system, MYWAITLISTTM at www.mywaitlist.com.au (“Website”), to assist Parents and Child Care Centres to manage child care waitlists (“Service(s)”).

A User of any of the Services cannot access and use a Service without first accepting this Terms of Use Policy (“Policy”). Please read this Policy carefully. By accepting this Policy You agree to be bound by the conditions set out below. It is a condition of Your use of a Service that You comply with this Policy.

In this Policy:

“Child Care Centre” means a child care centre that is an authorised registered User of the Website;

“Fees’ means the fees and charges incurred by the Child Care Centre for the use of the Services;

“Parent” includes a guardian, step-parent or other person authorised to deal with a Child Care Centre in relation to a child;

“Registration Form” means the MYWAITLISTTM Child Care Centre registration form You must complete and submit in order to register for and commence to use the Services.

“User” means any individual or entity accessing the Website for any reason and if the User is an incorporated or unincorporated entity, includes an employee, contractor or representative accessing the Website for or on behalf of the entity;

“You” means the Child Care Centre submitting a Registration Form.

ZENROL may amend this Policy from time to time. Please read this policy carefully each time You log on as Your use of a Service after ZENROL makes amendments to the Policy will oblige You to comply with the Policy as amended.

1. Password and Login

• 1.1 When You become a registered User, You will create your own password and user name. You agree to be entirely responsible for all activities that occur under Your user name.
• 1.2 You are responsible for managing the confidentiality of Your password and user name. You may change Your password at any time by following the instructions on the Website.
• 1.3 You agree to immediately notify ZENROL of any unauthorised use of Your password or user name or any other breach of security You become aware of.
• 1.4 You warrant that the information contained in the Registration Form is true and correct and that as a User, you have the appropriate authorisation from the named Child Care Centre to supply such information;
• 1.5 If you are subscribed as a “Free” account type you will only have access to functionality as listed on our plans and pricing page under this account type.

2. Fees and direct debit

• 2.1 You acknowledge and/or authorise as follows:
• 2.1.1 Fees are paid monthly in advance by Stripe direct debit from a credit or debit card or bank account;
• 2.1.2 ZENROL to make periodic debits for the Fees in accordance with the information You provided on Your Registration Form or as You may update;
• 2.1.3 ZENROL debits Your Fees monthly commencing from the date You submitted Your Registration Form;
• 2.1.4 You may change the credit or debit card or bank account details held by ZENROL from time to time via Stripe but You must ensure that the Fees can be duly debited in full to the card or bank account advised by You as and when the Fees are due for payment.
• 2.1.5 ZENROL will not be responsible for any variance or shortfall to debit amounts affected by external factors beyond the control of ZENROL including but not limited to, the date on which a direct debit is processed by ZENROL’s sponsoring financial institution or a delay in the processing of a direct debit due to:
• 2.1.5.1 a public holiday or bank holiday on the day or on the day after a payment is due to be made by direct debit;
• 2.1.5.2 a payment is received either on a day, which is not a banking business day, or after the normal close of business on a business banking day;
• 2.1.6 ZENROL to communicate with You via phone, email or mail regarding the Fees;
• 2.1.7 ZENROL to verify the details of Your credit or debit card with the applicable financial institution;
• 2.1.8 ZENROL is not liable for any faults in the direct debit of Your credit or debit card caused by, but not limited to, events such as fraudulent activity, security hacking, and environmental disasters.
• 2.1.9 ZENROL does not give any express or implied warranty that any direct debit activities it undertakes will be fault free.
• 2.1.10 It is Your responsibility to promptly inform ZENROL of any changes to information, including credit or debit card and contact information, supplied on the Registration Form;
• 2.1.11 You are liable for and must pay on demand by ZENROL any collection or other fees incurred by ZENROL including but not limited to any legal costs and/or the commission of a collection agent appointed by ZENROL for the purpose of recovering unsuccessful debit payment for the Fees. Additionally, ZENROL will implement any re-debit measures as necessary to recover any outstanding amount(s).
• 2.1.12 Without limiting ZENROL’s other rights or remedies, if You do not pay any Fees or other costs payable under this Policy when due, ZENROL may without notice to You immediately suspend or terminate Your access to the Website and Your use of the Services.

3. Intellectual property

• 3.1 All intellectual property in the Services, including copyright and the trade marks and any other intellectual property rights in or associated with the Services and the Website but excluding any data or any other information on the Website (”data”) originated by third parties, is owned or licensed by ZENROL.
• 3.2 You must not do or allow any third party to do anything which may infringe, damage or endanger ZENROL’s intellectual property rights or the intellectual property rights of a third party.
• 3.3 You must maintain copies of all Data inputted into the Service. ZENROL adheres to best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. ZENROL expressly excludes liability for any loss of Data no matter how caused.

4. Privacy

• 4.1 The Privacy Act 1988 protects personal information about individuals handled by organisations. Personal information is information or an opinion that identifies an individual or allows their identity to be readily worked out from the information. It includes such information as a person’s name, address, financial information, marital status or billing details. Some personal information, including information about ethnicity, religion and health is considered to be sensitive.
• 4.2 Any personal information or material which You upload to the Website is subject to the ZENROL Privacy Policy (“Privacy Policy”) which can be accessed here. The Privacy Policy forms part of this Policy and Your use of the Website indicates You have read and accepted the terms of the Privacy Policy.
• 4.3 You agree to allow ZENROL to collect personal information about You or Users accessing the Website on Your behalf, including information that is considered to be sensitive.
• 4.4 In general, ZENROL automatically gathers information such as the numbers and frequency of visits to the Website. This data is gathered for the purpose of assisting us to improve the delivery of the Services to You. We may also provide such statistical data (non-personal data) to our ZENROL partners and advisors about visitor use of the website. ZENROL gathers this data though Your IP address and cookies.
• 4.5 ZENROL uses Your IP address to help diagnose problems with our server and to administer the Website. Your IP address is used to gather broad demographic information.
• 4.6 Cookies do not enable anyone to access personally identifiable information that You have not already given us. ZENROL primarily uses cookies to connect members with account information stored on ZENROL’s computers. This helps ZENROL deliver a better and more personalised service. ZENROL also uses cookies to estimate the Website’s audience size for advertisers, and to track User preferences. Most browsers are initially set up to accept cookies. You can reset Your browser to either notify You when You have received a cookie or to refuse them altogether. ZENROL relies on cookies to preserve the Website’s identity You have created while logged on. If You choose not to accept cookies, You may not be able to participate as a User and will not be able to access some areas of the Website.
• 4.7 You must not use the Website to access any information about a Parent or information about a child submitted by a Parent that was submitted in connection with another Child Care Centre.

5. Security

• 5.1 ZENROL takes all reasonable steps to ensure the security of our systems. Any information which we hold for You is stored on secure servers that are protected in controlled facilities. In addition, our employees and the contractors who provide services relating to our information systems are obliged to respect the confidentiality of any personal information held by ZENROL. However, ZENROL will not be held responsible for any loss that may arise from unauthorised access to Your personal information.
• 5.2 Advertisers on the Website have been asked to comply with Australian Federal Privacy Policy with regard to their information handling practices. However, the use of any information given to advertisers is not within the control of ZENROL and we cannot accept responsibility for the conduct of these advertisers.
• 5.3 The Website also contains links to other sites. ZENROL is not responsible for the privacy practices or the content of such websites.
• 5.4 ZENROL exercises all due care to ensure that Your information is secure on its system. However, the possibility exists that the information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on ZENROL’s servers. ZENROL accepts no liability that may arise if any other persons obtain the information You submit to the Website.

6. No representations and warranties

• 6.1 ZENROL does not provide any representations or warranties relating to You or the services You provide. ZENROL provides the Services only and background reference checks or investigations related to Child Care Centres or the services to be provided by Child Care Centres are the sole responsibility of the Parent.
• 6.2 ZENROL makes no representations or warranties as to the online availability of the Website and database. ZENROL will not be responsible in any way for the availability of the Website or the Services.
• 6.3 ZENROL will not moderate any information posted by any User on the Website except for circumstances where information is drawn to the attention of ZENROL as inappropriate by a User.

7. Risks and release from liability

• 7.1 You acknowledge that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, under age persons, or persons acting under false pretences. You assume all risks associated with dealing with other Users with whom You come in contact with through the Website.
• 7.2 You expressly agree not to hold ZENROL and its officers, agents, successors, assigns, representatives, advertisers or employees (collectively “ZENROL Personnel”) liable for any instruction, advice or services delivered which originated through the Website and You release ZENROL from liability for any damages, costs, actions, claims and/or controversies that have arisen or may arise, whether known or unknown therefrom.
• 7.3 You release ZENROL Personnel from all damanges, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute which You or anyone claiming through You may have, or might at any time have or have had against any ZENROL Personnel in respect of, arising out of or resulting from the provision of any of the Services.

8. General principles of use

• 8.1 ZENROL is not responsible for the content of any data on or accessed through the Website that is not originated by ZENROL. ZENROL exercises no direct supervision or control over the content of such data. ZENROL does not assume any responsibility for data not actually provided or expressly authorised by it. The responsibility for data that does not conform to this Policy and all possible consequences lie with the provider or sender of the data.
• 8.2 You accept that Parents may access information about other Child Care Centres through the Website.

9. Acceptable uses

You must use the Services responsibly and within the law. It is Your responsibility to:

• 9.1 use a Service in a manner which does not violate any applicable laws or regulations;
• 9.2 respect the legal protection afforded by copyright, trade mark, license rights and other laws to data accessible via a Service;
• 9.3 respect the privacy of others;
• 9.4 use a Service in a manner which does not interfere with or disrupt other Users, services or equipment;
• 9.5 refrain from acts that waste resources or prevent other Users from receiving the full benefit of the Services;
• 9.6 use a Service lawfully, ethically and in accordance with accepted community standards.

10. Unacceptable uses

• 10.1 You must not use a Service in any way which breaches local, state, federal or international laws or regulations. Without limiting that, You must not:
• 10.1.1 violate copyright, trademark or other intellectual property rights;
• 10.1.2 illegally store, use or distribute software owned or licensed to ZENROL;
• 10.1.3 transmit threatening, obscene or offensive materials; 10.1.4 discriminate or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• 10.1.5 misrepresent or defame others;
• 10.1.6 commit fraud;
• 10.1.7 gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
• 10.1.8 damage, modify or destroy any of ZENROL’s or any other person’s files, data, passwords, devices or resources;
• 10.1.9 make an unauthorised transmission of confidential information or data protected by trade secrets;
• 10.1.10 engage in misleading or deceptive on-line practices;
• 10.1.11 conduct any business or activity or solicit the performance of any activity that is unlawful;
• 10.1.12 impersonate any person, or misrepresent Your identity or affiliation with any person; or
• 10.1.13 attempt to do any of these things. 10.2 You must not use the Services to interfere with or disrupt the Website or other Users, services or equipment. In particular, for example, You must not:
• 10.2.1 distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists (“spamming”);
• 10.2.2 send unsolicited commercial mesages;
• 10.2.3 initiate or spread computer worms, viruses or other types of malicious programs;
• 10.2.4 make transmissions of any type or quantity which adversely affect the operation of the Website or jeopardises the use of the Services, or their performance for other Users; or
• 10.2.5 harass or impersonate ZENROL, the Website or other Users;
• 10.2.6 engage in conduct that which causes a threatened or actual nuisance to other Users of the Services; or
• 10.2.7 violate or attempt to violate the security of Website.
• 10.3 You must not use the Services to solicit others to become subscribers of other competitive services.

11. ZENROL’S rights

• 11.1 You will indemnify ZENROL and any other party with whom ZENROL has a contract in relation to a Service (“other party”) against all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute that ZENROL or the other party suffers as a result of any breach of this Policy by You.
• 11.2 Without limiting any of ZENROL’s other rights, if You breach any term of this Policy, ZENROL will have the right to:
• 11.2.1 confiscate or destroy or require You to return or destroy, at Your cost, all material that You have obtained from any of the Services;
• 11.2.2 require You to delete or otherwise permanently remove from any electronic device, information You have obtained from the Services, using any means reasonably necessary;
• 11.2.3 suspend or terminate Your access to the Services, without refunding any money You have paid to use any of the Services; and
• 11.2.4 take any other action against You.
• 11.3 This Policy is governed by and is to be interpreted pursuant to Australian law and Users submit to the exclusive jurisdiction of Australian courts in respect of any disputes under or related to this Policy or a User’s access to or use of the Services or the Website.

12. What ZENROL may do to ensure that this policy is being followed

• 12.1 ZENROL may (but is not obliged to) monitor Your use of the Website and the Services to determine whether this Policy is being followed. If ZENROL monitors Your use, ZENROL will safeguard Your privacy unless doing so would involve ZENROL concealing a criminal offence or inhibit the enforcement of this Policy.
• 12.2 If ZENROL becomes concerned that Your use of the Website and the Services may break the law or that You have not complied with the Policy, ZENROL will generally attempt to contact You before taking action.
• 12.3 If ZENROL believes that Your use of the Website or the Services may break the law or that You have not complied with this Policy ZENROL may:
• 12.3.1 notify You by email;
• 12.3.2 suspend or terminate Your access to the Services without notice; and/or
• 12.3.3 notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
• 12.4 If ZENROL takes action under clause 11 or this clause 12 ZENROL reserves the right, in its sole discretion, to delete any or all of Your data, software or other content stored on ZENROL’s system.

13. Limitations

• 13.1 Whilst ZENROL will make all commercially reasonable efforts to post a warning on the Website, Z ENROL may from time to time suspend any or all of the Services or disconnect or deny access to the Website, without notice to You during any technical failure, modification or maintenance affecting the Services or the Website, provided that ZENROL will use commercially reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable.
• 13.2 Without notice to You, ZENROL may remove, amend or alter any material or data in the Services upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, offensive or in breach of a third party’s rights.
• 13.3 ZENROL will not be responsible for any interruption to or reduction or lack of performance in the Services however caused but ZENROL will use commercially reasonable endeavours to maintain the performance of the Services where this is within ZENROL’s direct control.
• 13.4 ZENROL does not warrant that the Website will operate error-free or that the Website and its server are free from computer viruses or other harmful mechanisms.
• 13.5 To the maximum extent permitted by law, ZENROL will not be liable to You in any way for any costs, damages (including indirect or consequential damages), liabilities, claims, actions or proceedings which You may suffer or incur directly or indirectly as a result of or in connection with the provision of any of the Services or Your use of them or any data on them.

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