1 DEFINITIONS

In these terms and conditions words have the following meaning unless the context otherwise indicates:

“Advertiser” means a person, firm, company, entity, association, authority, organisation or agency that advertises on the Site and includes a reference to employers and recruiters;

“Advertising Terms of Use” means the terms and conditions of use applicable to Advertisers;

“Agreement” means this Users Agreement;

“Applicable Law” means any law, legislation, regulation, by-law, ordinance or code of conduct of New South Wales, and the State or Territory in which the User conducts business or resides;

“Candidate” means a person who applies to an advertisement on the Site and includes a reference to job seekers and job candidates;

“Claims” means all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which any User may have had against another, arising out of any matter referred to in this agreement or any transaction contemplated therein, other than actions to enforce this agreement;

“Child Care Jobs” means Toddle Enterprises Group Pty Ltd (ACN 104 145 735) a company duly incorporated under the laws of New South Wales having its registered office at PO Box 543, Balmain NSW 2041, Australia, trading as www.childcarejobs.com.au;

“Privacy Policy” means the privacy policy of Child Care Jobs in operation from time to time;

“Registered User” means a user who has been provided with a password and login details by Child Care Jobs;

“Site” means materials delivered on www.childcarejobs.com.au and other co-branded versions of the site; and

“User” or “You” means any person accessing the Site for any reason whatsoever and includes a reference to Advertisers and Candidates;

2 TERMS OF USE

(a) This Agreement governs Your use of the Site. The Agreement shall be read and construed in conjunction with the Privacy Policy. The Agreement may be changed at any time, without warning or notification, by updating this document and posting same on the Site. By using this Site You accept the Agreement and agree to be entirely bound by this Agreement.

(b) The use of this Site by Advertisers shall also be governed by the Advertising terms and conditions.

3 PURPOSE OF SITE

This Site is strictly an advertising venue for the purpose of online publication of advertisements and distribution of information submitted to Child Care Jobs by Users. We do not become involved in the actual transaction between Advertisers and Candidates. This Site is designed for Advertisers to post legal and valid employment opportunities and for Candidates to review the posted job ads and contact the Advertiser directly.

4 COPYRIGHT AND TRADEMARKS

(a) All material on this Site, such as texts, graphics, images, HMTL codes and other material (collectively the “Material”) are protected by Australian and international copyright laws and remain the exclusive property of Child Care Jobs. Material may only be downloaded for personal non-commercial use.

(b) All modification, copying, reproduction, displaying, distribution of the Material may only be done for personal use, and, under no circumstances may be for a commercial or public purpose.

5 PRIVACY POLICY

All personal and confidential information, including but not limited to, resumes, contact information, passwords and login details shall be managed in accordance with the Privacy Policy.

6 NO GUARANTEES AS TO SERVICE

(a) Child Care Jobs provide no guarantee that the services provided on this Site will be uninterrupted, error free, or that defects will be corrected. Child Care Jobs also provides no guarantee that the Site or downloadable material is free from infection or viruses.

(b) Where Child Care Jobs provides links to external websites maintained by third parties, Child Care Jobs gives no guarantee or endorsement as to the content or security of those sites or the services provided by such third parties. Child Care Jobs is not responsible for the copyright compliance of any linked site or third party.

7 PASSWORD AND LOGIN

All Registered Users are provided with password and login details. All such users are responsible for the continued confidentiality of such details. In the event that an unauthorised entity obtains and uses such details, the Registered User shall notify Child Care Jobs immediately.

8 USERS' OBLIGATIONS

(a) By using this Site You irrevocably undertake and covenant to Child Care Jobs that you will observe and comply with each duty and obligation imposed or undertaken upon you pursuant to this agreement including the following:

i. Users must agree not to use any feature of the Site to send unsolicited emails or communications to any other User, whether individually or as a Group;

ii. All files, documents, communications and other material sent by Users to other Users shall be free of infection, viruses, worms, Trojan horses or other harmful aspects that contain harmful, contaminating, invasive or destructive properties;

iii. Users covenant that they have adequate virus protection systems in place and shall maintain same to prevent the occurrence of any harmful, contaminating, invasive or destructive files from affecting a User's personal computer and files;

iv. Users must not post any form of material (including advertising and communications) on the Site or to other Users that is by its nature, illegal or unlawful, offensive, harmful, incomplete or false;

v. Users must observe and comply with all Applicable Law including without limitation all relevant child protection legislation, crimes legislation, and workplace health and safety legislation applicable in the relevant State and Territory. Where a disclosure is required to be made to an employer by law (eg: child protection legislation), the User must make that disclosure.

(b) Unlawful or illegal use will be reported to the proper authorities and may be punishable by law.

(c) Posting false, incomplete, inaccurate or illegal information is strictly prohibited and may be punishable by law.

9 RESERVATION OF RIGHTS

Child Care Jobs reserves the right to modify the Site either partially or completely, interrupt the ordinary service of the Site and take all reasonable steps to prevent unlawful activity taking place.

10 NO REPRESENTATIONS

(a) Child Care Jobs does not investigate, interview or screen Advertisers, Candidates or advertisements posted on the Site. Child Care Jobs does not represent, warrant, guarantee, or accept responsibility or liability for the truthfulness, form, content, accuracy, currency or reliability of the information or communications posted by Users.

(b) By accepting the Users Agreement, You acknowledge that reliance on any material on this Site will be solely at your own risk.

(c) Child Care Jobs shall reasonably endeavour to avoid errors in advertisements posted by Advertisers on the Site but Child Care Jobs does not warrant or guarantee the quality, safety, legality or success of advertisements posted on the Site.

(d) Child Care Jobs gives no guarantee as to the availability, or continued availability of any particular position that may be advertised on the Site, or the accuracy of any representations or statements contained in any advertisement posted on the Site.

11 INDEMNITY

Users hereby indemnify Child Care Jobs and will keep Child Care Jobs indemnified as well as the officers, employees and agents of Child Care Jobs against all Claims incurred in connection with their use of this Site.

12 RIGHTS TO USE INFORMATION

Child Care Jobs may at any time reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Site or by email to Child Care Jobs.

13 MISCELLANEOUS PROVISIONS

(a) If any part of this Agreement is void or invalid that part shall be severed from the Agreement and the remainder of this Agreement shall continue to be in full force and effect.

(b) The rights and obligations of the parties to this Agreement shall continue to be of full force and effect and shall not merge upon the termination or ending of the Agreement.

(c) This Agreement shall be governed in accordance with the laws of the state of New South Wales and Users hereby submit to the non-exclusive jurisdiction of the Courts of that state.