Vacancy.care Care Provider Terms

Last Updated: April 2, 2020

To make sure we can all have a rewarding Vacancy.care experience, it's important for everyone to act responsibly.

Here is a list of our specific Care Provider Terms. To see general service terms which are included and form part of the Care Providers Terms, please view our Vacancy.Care Terms on our website https://www.vacancy.care or more specifically at https://www.vacancy.care/terms

These terms and any included terms apply to your access to and use of any Vacancy.care product or service (“Services”). Your use indicates your acceptance of these terms. If you do not agree, do not access or use the Services.

  1. You must be at least 18 years of age to use our Services and authorized to accept these Terms on behalf of any person or entity which registers or accesses the Services.

  2. You will need to register for an account to access the Services. You are responsible for maintaining security, settings and billing preferences related to the account. By creating a Vacancy.care account, you consent to receive communications from us. You agree that any communications we send to you will satisfy legal communication requirements, including that such communications be in writing.

  3. Care Provider General Requirements

    • Care Providers must be legally entitled to offer the Services being offered and make reasonable attempts to accommodate families seeking care.

    • Care Providers must display appropriate legal government certification on demand to any family using their services, or to Vacancy.care representatives.

    • Care Providers must be capable of completing the services being offered directly and not sub-contracting through a third party.

    • It is the responsibility of the Care Provider to set their Vacancy.care stored information and settings correctly and to provide up to date information at all times.

    • All care places informed to Vacancy.care must be legally approved.

    • Any Care Provider pricing and information entered into Vacancy,care Services and related to available care places by Care Providers must be final and when a family accepts a care place, they should not be asked for any additional fees unless there is a special requirement.

    • Care Providers agree to deal with all availability enquiries and general requests as efficiently as possible.

    • It is a general requirement that all communication and processing that begins through Vacancy.care should be maintained wherever possible through the Services in order to provide a consistently high quality of service.

  4. Our Services & License

    Our Services allow you and other users to create content, data, marketing and general communications and other materials (“Marketing Content”).
    Except for the license you grant below, you retain all rights in and to your Marketing Content.

    You grant Vacancy.care a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, adapt, publish, translate, distribute, and display your Marketing Content to the recipients or audience designated by you or otherwise in accordance with the settings you specify in the Services. As a part of the Services, we may view, copy, and internally use Marketing Content to help us train and improve the Services, including their functionality and effectiveness for you and your campaigns, as well as to assist us in detecting issues. You may not to create, post, store or share any Marketing Content that violates these Terms, or for which you do not have all the rights necessary to grant us the license described above. When using the Services, you may import data, including personally identifiable information, regarding your Contacts (as defined below) (“Contact Data”). We view and use Contact Data only to provide Services to you, at your direction and, as part of the Services, to train, detect issues with our Services, and to ensure their proper functioning. We do not disclose Contact Data to third parties, except as follows:

    We may share Contact Data with our third party service providers to provide our Services or administer the site or be part of the transfer of any business assets in a corporate transaction.

    We may disclose Contact Data as we reasonably believe is necessary to comply with any judicial or governmental subpoenas, warrants or orders.

    We reserve the right to use, disclose and share your information and Contact Data to investigate, prevent or take action with respect to any potential or actual fraud or illegal activities, circumstances which threaten the physical safety of any person, violations of these Terms of Service or as otherwise required by law.

    We may receive requests directly from individuals, including your Contacts, not to receive emails from our Services. To comply with international data protection laws and to respect their requests, we place those individuals on a communications exclusion list (“Global Exclusion List”) so that they may no longer receive communications from our Services.

    All information and data provided to and on Vacancy.care platforms must be accurate and supported with legal evidence if required.

  5. Prohibited Conduct: While using our Services you will not violate any applicable legal right or requirement and you are solely responsible for your conduct and what occurs within and from your Account.

    6. Do not;

    • violate any part of our Terms, including any acceptable use policy requirements;

    • engage in any conduct which impersonates, harasses, threatens or intimidates;

    • use our Services in any manner that could interfere with the stability, account, legal status or access that others may have to the Services;

    • take any action for any Service user account if you are not legally authorized to do so;

    • reverse engineer or access code to any aspect of our Services;

    • attempt to access any feature or area of our Services that you are not authorized to access or in a way that is not intended to be accessed;

    • export or attempt to export any data or content except through the formal export features of the Services;

    • use our Services for any illegal or unauthorized purpose, or any use that violates these Terms.

    Compliance with Laws: You represent and warrant that your access to and use of the Services will comply with all applicable legal rights and requirements for the jurisdiction that you operate in, at all times. In relation to your Services account, you warrant that you alone are legally responsible for all outcomes and will take all steps necessary in order to comply with any relevant laws and regulations and that you agree to hold Vacancy.care harmless in this regard.

  6. Terms of Sale

    7. Subscriptions

    When you sign up for our Services, you agree to a recurring subscription contract with Vacancy.care on a monthly, quarterly, annual, or other temporal basis that you select when signing up for the Services. WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) VACANCY.CARE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY, QUARTERLY, ANNUAL, OR OTHER BASIS AS APPLICABLE FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS. For more information about pricing and subscription plans, please visit our Pricing page.

    Cancellation

    You may cancel your subscription at any time by logging into your Services account and following the instructions on your account dashboard for cancellation or by contacting us at sales@vacancy.care. Such cancellation notice must be sent by the designated account owner or an authorized signatory. Inactivity does not constitute automatic cancellation, so unless you cancel your account in accordance with this section, you will continue to be charged for subscription to the Services. All cancellation requests will take effect at the end of then-current subscription period in which the cancellation request is made, and you will be responsible for all fees and any applicable taxes and other charges rendered up through the cancellation date.

    In the event you cancel your subscription, please note that we may still send you promotional communications about Vacancy.care, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

    If you are interested in cancelling your subscription, we may provide you with the option of pausing your subscription for a certain period of time. During the pause period, your account will remain active in our system, and we will retain the data, including Contact Data, associated with your account. The collection, use and disclosure of such data will continue to be subject to our Privacy Policy.

    One-Time Purchases

    Some features of our Services may be offered as a standalone,
    non-subscription product. We will charge your payment method at the time of such purchases as a one-time purchase.

    Free Trials & Free Services

    From time to time, we may offer free Services and free trials of certain subscriptions for specified period of time without payment. If we offer you free services, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration.

    We will endeavour to provide an ongoing free version of some of our Services which is limited by features and by transactions and volume. Whilst we aim to provide this on a permanent basis, we reserve the right to modify or terminate free services and trials at any time, without notice and in our sole discretion. All leads, enrolments, absences and bookings processed in any part by Vacancy.care are considered to be valid transactions on which Vacancy.care fees might be payable if not part of a fixed fee business plan, however there are no fees for simply posting general vacancy care availability.

    Transaction Fee and Commission Services

    If you use those Services which involve a success fee or commission, such as our extra bookings and absence services, then the following clauses apply:

    • Any absence or booking which is caused in whole or in part by Vacancy.care, online or offline, and which results in a Care Provider booking or revenue event, may result in a fee according to the Vacancy.care business plan that the Care Provider is a part of and calculated according to the settings in Vacancy.care.

    • Vacancy.care will charge the billing information on file, or at its discretion, issue an invoice for any fees which are not prepaid and the Care Provider agrees to pay Vacancy.care fees within 14 days and agrees that Vacancy.care invoices and records are sufficient evidence of the fees being due. In exceptional circumstances, or where specifically agreed in writing by Vacancy.care, these fees may be paid on a 30 day account, which in turn may delay payment of fees to families if this is relevant to the fee type.

    • With respect to any family supplied absences which are subsequently booked, Vacancy.care agrees to pay out a portion of the fees received to any validly confirmed family with a nominated payment account, who successfully registers their permanent place as an absence, which is subsequently booked through the Service and results in a genuine revenue event at arms length.

    Payment and Billing Information

    By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method. In addition, you authorize (or our third party payment processor) to charge your payment method for the total amount of your subscription fees (and applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended until your payment is processed. You must resolve any problem we encounter in order to proceed.

    You acknowledge that the amount billed may vary due to promotional offers, changes to your subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.

  7. Third Party Content and Services

    8. We may display content from third parties through the Services (“Third Party Content”). We do not control or endorse any Third Party Content, and we make no representations or warranties of any kind. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.

    We may also provide you with access to certain services, features or functionality offered by a third party in connection with the Services. Use of any such services, features or functionality will be subject to additional terms of service, including between you and such third party. The third party provider, and not Vacancy.care, will be solely responsible for providing you with such services, features or functionality.

  8. Feedback

    9. Any type of content or creative materials or other information you submit about our Services (collectively, “Feedback”), is non-confidential and will become the sole property of Vacancy.care.

  9. Copyright Complaints

    10. We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify us at support@vacancy.care

    Please ensure you follow the legal requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable for certain costs and damages.

  10. Indemnification

    11. To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Vacancy.care, our affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Vacancy.care Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your Marketing Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or (e) your conduct in connection with our Services. You agree to promptly notify Vacancy.care Parties of any third party Claims, cooperate with Vacancy.care Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that Vacancy.care Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Vacancy.care or the other Vacancy.care Parties.

  11. Disclaimers

    12. We do not control, endorse or take responsibility for any marketing content, third-party content or third-party services made available on or linked to by our services. your use of our services is at your sole risk. Our services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. in addition, Vacancy.care does not represent or warrant that our services are accurate, complete, reliable, current or error-free. While Vacancy.care attempts to make your access to and use of our services safe, we cannot and do not represent or warrant that our services or servers are free of viruses or other harmful components. you assume the entire risk as to the quality and performance of the services. as between you and Vacancy.care, you will be solely responsible for responding to and honoring all requests relating to the rights of your contacts and their personal data pursuant to and in accordance with applicable data protection laws.

  12. Limitation of Liability

    13. Vacancy.care and the other Vacancy.care Parties will not be liable to you under any theory of liability--whether based in contract, tort, negligence, warranty, strict liability or otherwise–for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Vacancy.care ord the other Vacancy.care Parties have been advised of the possibility of such damages. the total liability of Vacancy.care and the other Vacancy.care Parties, for any claim arising out of or relating to these terms or our services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our services. the limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Vacancy.care or the other Vacancy.care Parties or for any other matters in which liability cannot be excluded or limited under applicable law. additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

  13. Release

    14. To the fullest extent permitted by applicable law, you release Vacancy.care and the other Vacancy.care Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under any jurisdiction as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

  14. Transfer and Processing Data;

    15. By accessing or using our Services, you consent to the processing, transfer and storage of information about you to other countries where our databases our located, such as the United State, where you may not have the same rights and protections as you do under local law.

  15. Dispute Resolution - Binding Arbitration

    16. Except for disputes where Vacancy.care seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Vacancy.care agree to have any dispute arising out of or related to these Terms or our Services resolved through confidential binding arbitration held in Sydney, NSW in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

    You and Vacancy.care agree that any dispute arising out of or related to these Terms or our Services is personal to you and will not be brought as a class arbitration, class action or any other type of representative proceeding.

    You and Vacancy.care agree that for any arbitration you initiate, you will pay the filing fee and then we will share equally the remaining JAMS fees and costs. For any arbitration initiated by Vacancy.care, Vacancy.care will pay the filing fee and then we will share equally the remaining JAMS fees and costs. You and Vacancy.care agree that the courts of New South Wales, Australia will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

    Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred.

  16. Governing Law and Venue

    17. These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of New South Wales, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration will be resolved in New South Wales.

  17. Changes to these Terms

    18. We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

  18. Termination

    19. We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

  19. Severability

    20. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

  20. Miscellaneous

    21. These Terms constitute the entire agreement between you and Vacancy.care relating to your access to and use of our Services. The failure of Vacancy.care to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.
    Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. This Agreement may not be assigned or transferred by you except with our prior written consent.

Any questions regarding these terms should be directed to support@vacancy.care or your Vacancy.care contact in writing