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Term of Use

(Effective of July 2012)

Application of these conditions

These conditions govern the use of the fdcwa.com.au website (Web Site) and the content, information and services provided through it by Family Day Care (WA), its members and affiliates (collectively FDCWA)
These conditions must be read in conjunction with the Disclaimer and Privacy Policy accessed at the foot of the Web Site home page
The conditions are subject to change from time to time without notice and users should check the date which appears at the top of this page and review any changes since the last version
Each time this Web Site is accessed, the user is deemed to accept that these conditions apply to their use of the Web Site. Where the user represents an organisation or any other persons, the user is deemed to do so with the authority of that organisation or those other persons and they are deemed to accept that these conditions apply
This Web Site is a portal and information conduit to other web sites and businesses operated by FDCWA, its members and affiliates. The user accepts that different conditions of use and policies, such as privacy policies, may apply to the use of those other web sites

Risk and liability

This Web Site is used entirely at the user’s risk and FDCWA is released from any liability arising from or related to the use of this Web Site
Users deal with linked web sites at their own risk and FDCWA has no liability with regard to any content or material contained on those other web sites
The user holds FDCWA harmless from any liability of any kind which arises from or is related to their use of this Web Site or any linked web sites and, in the event that the user breaches any of these conditions, the user indemnifies FDCWA from and against all loss arising out of that breach

Web Site communications

All communications submitted through the Web Site or email must be true, accurate and complete. FDCWA will rely upon the truth, accuracy and completeness of communications submitted through the Web Site. The user will be solely liable for any loss, damage or additional costs FDCWA may incur as a result of incorrect or incomplete communications being submitted or damaged or distorted during transmission.
Communications sent to FDCWA by means of the Web Site or email are not effective unless and until they are processed by the responsible FDCWA representative
In submitting communications through the Web Site, the user authorises FDCWA to:

accept communications received by means of the Web Site or email as if those communications had been given directly by the user, signed and in writing
disclose those communications to any members, employees or affiliates of FDCWA by means of the Web Site, email or other communications
respond to those communications by means of Internet communications, email or other communications

FDCWA, entirely at its discretion, reserves the right to refuse to process any communications sent by means of the Web Site or email, or to reverse the processing of such communications without any notice or liability to the user, if (without limitation):

FDCWA cannot process the communication
the communications breach any of these conditions
FDCWA considers that the communications conflict with any other information or instructions FDCWA has previously received from the user or the organisation the user represents
there is an operational failure or malfunction in connection with the transmission of the communications

Errors and omissions

FDCWA endeavours to provide accurate information through the Web Site but reserves the right to change that information, at any time, should errors or omissions occur, without notice and without liability to the user or any organisation the user represents

Intellectual property

This Web Site and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, models, data, and other elements available on or through the Web Site are the property of FDCWA and are protected by Australian and International copyright, trademark, and other laws. Use of the Web Site does not transfer ownership or other rights in the Web Site or its content to the user
Logos and other marks appearing on the Web Site are both registered and unregistered trade marks, trade names and service marks owned by, or licensed to, FDCWA and any use of these is strictly prohibited and nothing in these conditions shall be construed as granting any right to use the same
This Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of FDCWA
Linking to the Web Site, framing, mirroring, scraping or data mining of the Web Site or any of its content are strictly prohibited without the express prior written consent of FDCWA

Personal information and privacy

FDCWA’s privacy policy appears at the foot of the Web Site and applies as if it were reproduced in these conditions

Disclaimer

FDCWA’s Disclaimer appears at the foot of the Web Site and applies as if it were reproduced in these conditions

Governing law

This Web Site is controlled by FDCWA of Perth, Western Australia
Save as otherwise set out in these conditions, use of the Web Site and all related matters are governed solely by the laws of the State of Western Australia and applicable federal laws of Australia, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws
Any controversy or claim arising out of or relating to these conditions of use, or their breach, shall be settled by arbitration administered by the Australian Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction, but nothing in these conditions shall preclude FDCWA from taking whatever injunctive action it considers appropriate pending arbitration. Arbitration will be before a single arbitrator. The place of arbitration will be Perth, Western Australia

Generally

The Web Site may be used only for lawful purposes. The Web Site may be accessed only using commercially available, SSL-capable web browser software
No consent or waiver by FDCWA to any breach of these conditions will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach. No consent or waiver will be effective unless in writing and signed by FDCWA
If any of these conditions are found to be unlawful, void, or for any reason unenforceable, then that condition is deemed to be severed from the rest of the conditions and shall not affect the validity and enforceability of the remaining conditions
Use of this Web Site shall not be taken to imply an agency, partnership, joint venture, employment or franchise relationship between the user or the organisation it represents and FDCWA
Any rights not expressly granted by these conditions are reserved to FDCWA

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