Last updated: February 26, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.topformz.com website (the “Service”) operated by Daycare Connect (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By using, browsing and/or accessing the Service, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the TopFormz Application (the “Application”), or any of its Services, immediately.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.
In order to access the Services, you must first purchase a subscription through the Application (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’).
In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
Once you have purchased the Subscription, you will then be required to register for an account through the Application before you can access the Services (the ‘Account’).
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(d) Scheme information
You warrant that any information you give to Daycare Connect in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Application (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).
You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Daycare Connect; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Daycare Connect of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Daycare Connect providing the Services;
(e) you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Daycare Connect;
(f) you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Daycare Connect for any illegal or unauthorised use of the TopFormz Application; and
(h) you acknowledge and agree that any automated use of the TopFormz Application or its Services is prohibited.
Pricing and Payment (the “Subscription Fee”):
When you purchase a subscription, the price will be made clear during the order process. You agree to pay the price stated at the time of your order. You also agree to the billing frequency stated at the time of your order. We will provide you with 14 days’ notice if the regular rate of a subscription changes from what was stated at the time of your order. Price changes will take effect from your next billing date after the notice period. If You do not wish to continue your Subscription at the revised price, you may cancel your subscription before the end of your current direct debit pay cycle.
You can upgrade or downgrade your subscription package by using the Contact Us page. Upgrades will be billed from your next billing cycle. Downgrades to a lower subscription package rate will take effect from your next billing cycle.
You can cancel your subscription at any time through your Educator Profile in the TopFormz Settings Section. Subscriptions are non-refundable. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the time your subscription is changed in your Educator Profile.
All payments made in the course of your use of the Services are made using Stripe. In using the TopFormz Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their Application.
You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
You agree and acknowledge that Daycare Connect can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future
Copyright and Intellectual Property
The Application, the Services and all of the related products of Daycare Connect are subject to copyright. The material on the TopFormz Application is protected by copyright under the laws of Australia and through international treaties.
Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Daycare Connect or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Daycare Connect, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Application pursuant to the Terms;
(b) copy and store the Application and the material contained in the Application in your device’s cache memory; and
(c) print pages from the Application for your own personal and noncommercial use.
Daycare Connect does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Daycare Connect.
Daycare Connect retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
You may not, without the prior written permission of Daycare Connect and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
Our Partner Services are provided by individual service providers and we do not assume any damages or liabilities arising from the use of these services. Any claims or complaints should be made directly to the Partner providing the Service.
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Daycare Connect. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Daycare Connect will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
Income and Expense Summary
Whilst we provide an Income and Expense Summary on TopFormz; the accuracy of the data is dependent on the completeness and accuracy of the data being input. You take full responsibility for the accuracy and completeness of the data that you submit on the system. We encourage you to make use of a tax agent to view the accuracy and completeness of the information input prior to lodging any tax or BAS returns with the ATO.
Data on the system will be at different stages of completion and is dependent on the information that you have input. As a result this information is not fit for reliance by any third parties. We disclaim any reliance placed on the data in the system by third parties.
Any access to data that you provide to third parties is provided soley at your own risk and if third parties access this data they access it soley at their own risk.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
Contests, Sweepstakes and Promotions
Use of Social Media
You may decide to use some of the templates that we provide through TopFormz on Social Media such as Facebook. We have no control over the data input into TopFormz or the content posted to Social Media forums. We also have no control over you obtaining relevant consents for using these services from parents or guardians.
You agree that we shall not be liable for any damages suffered as a result of you using Social Media.
We encourage you to make use of the Early Childhood Australia Digital Business Kit before deciding to use Social Media forums.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Daycare Connect.
Daycare Connect has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Daycare Connect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
You agree to indemnify Daycare Connect, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
(c) any breach of the Terms.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
Limitation Of Liability
You agree that we shall not be liable for any damages suffered as a result of using the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
We do not endorse the any products and services, and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Daycare Connect its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.
The Services offered by Daycare Connect is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When Daycare Connect updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
If you have any questions about these Terms, please contact us.