Terms and Conditions

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1. Acceptance of Terms

Welcome to Childcare Waitlist Tracker ("Service," "we," "our," or "us"). By accessing or using our Service, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use our Service.

We reserve the right to modify these Terms at any time. Your continued use of the Service following any changes constitutes your acceptance of the revised Terms.

2. Description of Service

Childcare Waitlist Tracker is a software application that helps parents and guardians organise and track their childcare waitlist applications. The Service provides tools to:

  • Record information about children and childcare centres
  • Track the status of waitlist applications
  • Set reminders for follow-ups and deadlines
  • Organise application-related information

The Service is an organisational tool only. We do not submit applications on your behalf, communicate with childcare centres, guarantee placement, or have any relationship with childcare providers.

3. Account Registration

To use our Service, you must create an account. You agree to:

  • Provide accurate and complete registration information
  • Maintain the security of your password and account
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorised use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

4. IMPORTANT: Reminder Service Limitations and Disclaimer

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT LIMITATIONS ON OUR LIABILITY REGARDING THE REMINDER FEATURES OF OUR SERVICE.

4.1 Reminders Are a Convenience Feature Only

The reminder functionality provided by our Service is offered as a convenience feature only and is not guaranteed. Reminders are intended to assist you in organising your follow-up activities but should not be relied upon as your sole method of tracking important dates or deadlines.

4.2 No Guarantee of Delivery

We do not guarantee that reminder notifications will be:

  • Delivered successfully to your email or device
  • Delivered on time or at the scheduled time
  • Received, read, or acted upon by you
  • Free from technical errors, delays, or failures

Email delivery depends on third-party services, internet connectivity, spam filters, and other factors outside our control. We are not responsible for any failure in the delivery of reminder notifications.

4.3 Your Sole Responsibility

YOU ARE SOLELY RESPONSIBLE FOR:

  • Tracking all important dates, deadlines, and follow-ups related to your childcare applications
  • Maintaining your own independent system for managing critical deadlines
  • Verifying the accuracy of any dates or information stored in the Service
  • Taking timely action on your childcare applications regardless of whether you receive a reminder
  • Responding to offers, deadlines, or communications from childcare centres

4.4 No Liability for Missed Opportunities

WE EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE, OR MISSED OPPORTUNITIES ARISING FROM:

  • Failure to receive, read, or act upon reminder notifications
  • Technical failures, delays, or errors in the reminder system
  • Missed deadlines for responding to childcare centre offers
  • Loss of a childcare placement or spot on a waitlist
  • Any financial loss, inconvenience, or other damages resulting from reliance on the reminder feature
  • Incorrect, outdated, or incomplete information stored in your account
  • Email delivery failures, spam filtering, or other email-related issues

This limitation applies regardless of whether the failure was caused by technical issues, human error, third-party services, or any other reason.

4.5 Recommendation

We strongly recommend that you:

  • Maintain your own calendar or reminder system for critical deadlines
  • Do not rely solely on our Service for time-sensitive matters
  • Regularly check the status of your applications directly with childcare centres
  • Set multiple reminders using different systems for important deadlines

5. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
  • UNINTERRUPTED OR ERROR-FREE OPERATION

We do not warrant that the Service will meet your requirements, be available at any particular time, or operate without interruption or errors.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHILDCARE WAITLIST TRACKER, ITS OWNERS, OPERATORS, AFFILIATES, OR SERVICE PROVIDERS BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Any loss of profits, revenue, data, or business opportunities
  • Any damages arising from the use or inability to use the Service
  • Any damages arising from reliance on the Service or its features
  • Any loss of a childcare placement, spot, or opportunity

Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid for the Service in the twelve (12) months preceding the claim, or AUD $100, whichever is greater.

7. Indemnification

You agree to indemnify, defend, and hold harmless Childcare Waitlist Tracker and its owners, operators, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Any content or information you provide through the Service

8. User Conduct

You agree not to:

  • Use the Service for any unlawful purpose
  • Attempt to gain unauthorised access to the Service or its systems
  • Interfere with or disrupt the Service or servers
  • Upload malicious code or content
  • Use the Service to harass, abuse, or harm others
  • Impersonate any person or entity
  • Share your account credentials with others

9. Subscription and Payment

Some features of the Service may require a paid subscription. By subscribing:

  • You agree to pay all applicable fees as described at the time of purchase
  • Subscriptions automatically renew unless cancelled before the renewal date
  • You can cancel your subscription at any time through your account settings
  • Refunds are provided in accordance with our refund policy and applicable consumer protection laws

We reserve the right to change our pricing at any time. Price changes will not affect current subscription periods but may apply to renewals.

10. Data and Content

You retain ownership of all data and content you input into the Service. By using the Service, you grant us a limited license to store, process, and display your content solely for the purpose of providing the Service to you.

You are responsible for maintaining backups of your data. While we implement reasonable measures to protect your data, we are not liable for any loss of data.

11. Termination

You may terminate your account at any time by contacting us or using the account deletion feature if available. We may terminate or suspend your account at our discretion, including for violation of these Terms.

Upon termination, your right to use the Service will immediately cease. We may delete your data in accordance with our data retention policies.

12. Changes to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Australia. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Australia.

14. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable consumer protection legislation that cannot be excluded, restricted, or modified by agreement.

To the extent that our liability cannot be excluded, our liability is limited, at our option, to:

  • Re-supplying the services; or
  • Payment of the cost of having the services re-supplied

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Childcare Waitlist Tracker regarding your use of the Service and supersede any prior agreements.

17. Contact Us

If you have any questions about these Terms, please contact us:

Email: legal@childcarewaitlisttracker.com
Address: [Your Business Address]

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