Hippogo is owned and operated by Kindleman Pty Ltd.
1. Definitions And Interpretation
1.1 In this Agreement
'Booking Fee’ means the fee charged by Agencies at the time you book an activity.
‘Provider’, ’Activity Provider' and 'Care Provider' includes before and/or after school care, vacation care and long day care centres, sports clubs, play centres, and any other business offering activities for children.
‘Carer' includes any employee of a Care Provider
'Parent' includes guardian and step-parent
'Site' and 'Website' mean Hippogo.com.au
'You' and 'User' means any individual or entity accessing this Site for any reason.
1.2 In this Agreement, unless the context otherwise requires:
(a) reference to a person includes any other entity recognised by law and vice versa;
(b) words importing the singular number include the plural number and vice versa;
(c) words importing one gender include every gender;
(d) any reference to any of the parties by the defined terms include that parties' executors, administrators or permitted assigns or being a company its successors or permitted assigns;
(e) references to currency are in Australian dollars.
(f) headings are for convenience only and do not affect interpretation
2. Password And Login
2.1 When you become a registered user, you are provided with a password and login name. You agree to be entirely responsible for any and all activities that occur under your login name.
2.2 You are entirely responsible for maintaining the confidentiality of your password and login. You may change your password at any time by following instructions published on Hippogo.com.au.
2.3 You agree to immediately notify Hippogo of any unauthorised use of your login name or any other breach of security known to you.
3. Venue Only
3.1 Hippogo.com.au is a venue only and acts as a communications platform for enabling the connection between prospective employers of providers ('Parents') and candidates seeking to provide child care services via Agencies. Hippogo does not screen or censor the listings offered. Hippogo is not involved in the actual transaction between Parents and Providers. All users including both Parent and Providers do hereby represent, understand and expressly agree that Hippogo does not have control over the quality, timing, safety, legality or any other aspect whatsoever of the truth or accuracy of the information posted, the services actually delivered by the Providers, nor the integrity, or responsibility for any of the actions whatsoever of the Parents.
3.2 Both Parents and Providers acknowledge that there is no employee-employer relationship or independent contractor relationship between the Providers and Hippogo.
3.3 This Website provides a listing of Activity Providers located throughout Australia. We do not represent that this Website provides a complete list of Activity Providers in a particular area, although Activity Providers are welcome to list themselves on the Site free of charge. This listing is a free information service for our Users only and these Activity Providers have not been screened or endorsed by Hippogo. Vacancy information is provided by Activity Providers on a voluntary and self service basis. In addition, our Website enables Parents to make bookings and pay for the activities. Fees are set by Activity Providers and are beyond the control of Hippogo. You should make your own enquiries before completing the booking application or using the services of any of the Activity Providers listed on the Website, as Hippogo makes no representations about the accuracy of the information provided, or the quality or availability of the services they provide. Accordingly, whilst Hippogo’s activity alerts is a tool offered to Parents to assist in their activity search, it should not be relied upon as a Parent's sole avenue of locating available child care.
4. No Representations Or Warranties
4.1 Hippogo does not provide any representations or warranties relating to the Providers or the service provided by the Providers. Hippogo provides a referral service only and background reference checks or investigations related to Providers or the service to be provided by the Providers are the sole responsibility of the Parent.
4.2 Any enquiries regarding the wages and conditions of Providers, or information regarding background reference check should be referred to the Agency or Child Care Provider concerned.
4.3 Further, Hippogo makes no representations or warranties as to the online availability of its website and database. Hippogo will not be responsible in any way for the availability of the website services and information.
4.4 Hippogo will not moderate any information posted by any User on the Website except for circumstances where information is drawn to the attention of Hippogo as inappropriate by a User.
5.1 The Booking Fee is determined by each individual Agency representing an Activity Provider and not Hippogo. The Provider's fees are determined by, and payable to each individual Provider using Hippogo’s booking and payment system.
5.2 Agencies and/or Activity Provider have entered into an agreement with Hippogo for the payment of Booking Fees to be made through Hippogo. Fees are paid directly to the Activity Provider’s merchant facility, minus a Transaction fee being retained in Hippogo’s merchant facility. Neither of these arrangements affects the acknowledgments made elsewhere in this agreement regarding the legal relationship between the Parents, Providers and Hippogo.
5.3 If you have a concern or dispute regarding:(a) The fees charged to you as a Parent (excluding the Transaction fee);
(b) the service provided by the Activity Provider; or
(c) the fees paid to you as a Provider,
then you should direct those concerns to the relevant Agency or Activity Provider.
5.4 If you have a concern or dispute regarding the Booking Fee charged to you then the following procedures are to be followed:
(a) If you paid on Hippogo, then you should contact Hippogo who shall be the final arbiter of the disputes concerning the refund of the Booking Fee and you agree to release Hippogo, its successors and assigns, as well as its officers and agents, from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which they may have, or but for this Agreement would or might at any time hereafter have or have had against Hippogo in respect of, arising out of the exercise by Hippogo of its discretion stated herein.
6.1 It is noted that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons, or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through Hippogo.com.au.
6.2 All Users including both parents and Providers do hereby expressly agree not to hold Hippogo (or its agents, assigns, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the Hippogo.com.au Website and releases Hippogo from liability for any damages, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.
7. Release From Liability
7.1 The Parent covenants and agrees to release Hippogo, its successors and assigns, as well as its officers and agents, from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which they may have, or but for this Agreement would or might at any time hereafter have or have had against Hippogo in respect of, arising out of or resulting from the provision of any services to the Client by Providers or from any other cause relating thereto, including but not limited to, the negligent acts of the Providers.
7.2 The Provider release Hippogo, its successors and assigns, as well as its officers and agents, from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which they may have, or but for this Agreement would or might at any time hereafter have or have had against Hippogo in respect of, arising out of or resulting from the actions of Hippogo or the release of the Provider's personal information on the Website.
7.3 The Providers agree that the Hippogo shall not be liable to the Provider or to any other person, for incidental or consequential losses, damages, or expenses, directly or indirectly arising from any action or omission by either a Parent, an Agency or Hippogo.
7.4 The Provider acknowledges that under no circumstances shall Hippogo be liable for the Provider's fees.
8.1 Legislative Background
8.1.1 The Privacy Act 1988 protects personal information about individuals handled by organisations. Personal information is information or an opinion that identifies an individual or allows their identity to be readily worked out form the information. It includes information such as a person's name, address, financial information, marital status or billing details. Some personal information, including information about ethnicity, religion and health is considered to be sensitive.
8.1.2 You agree to allow Hippogo to collect personal information about you, including information that is considered to be sensitive.
8.2 Collection of data
8.2.1 In general, Hippogo automatically gather's certain usage information like the numbers and frequency of visitors to our site. We only use such data in the aggregate. This collective data helps us to improve our service to you. We may also provide statistical (non-personal data) to our Hippogo partners and advertisers about how Hippogo.com.au visitors use this site.
8.2.2 We collect this automatic data as follows:
(i) Hippogo uses your IP address to help diagnose problems with our server, and to administer our website. Your IP address is used to gather broad demographic information.
8.2.3 In addition, our site's registration form requires users to give us contact information (like their name, address, telephone, and email address). In the event that a user engages a Provider via our site then we will provide the user's contact information to the engaged Provider and that Provider's agency.
8.2.4 We also hold contact and personal information about Providers, and by providing your details to Hippogo, the Provider authorises Hippogo to pass on the personal information to Parents but not the contact information.
8.2.5 We may also use the information to send to Users about our company and promotional material from some of our partners and/or advertisers. The contact information is also used to contact the user when necessary. Users may opt-out of receiving future mailings, or be removed from our database by contacting Hippogo.
8.2.6 Financial information that is collected is used to bill the user for services. All confidential credit card information required by the site is not read or saved by hippogo but is simply passed on to Stripe for secure payment processing. Stripe is certified to PCI Service Provider Level 1, the most stringent level of certification.
8.3.1 Other than as stated above, we do not use or disclose information about your individual use of this site or your contact information to any outside companies.
8.4.1 Hippogo takes all reasonable steps to ensure the security of our systems. Any information which we hold for you is stored on secure servers that are protected in controlled facilities. In addition, our employees and the contractors who provide services relating to our information systems are obliged to respect the confidentiality of any personal information held by Hippogo. However, Hippogo will not be held responsible for any loss that may arise from unauthorised access to your personal information.
8.4.3 This site also contains links to other sites. Hippogo is not responsible for the privacy practices or the content of such Web sites.
8.4.4 Hippogo exercises all due care to ensure that your information is secure on its system, however, the possibility exists that this information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on Hippogo.com.au. Hippogo accepts no liability that may arise should any other individuals obtain the information you submit to this site.
9. Advertisers And Third Parties
9.1 Third Party services and products either: (i) linked to this website; and/or (ii) advertised on this website are the responsibility of the third party and their inclusion on this website does not imply endorsement by Hippogo. 9.2 Hippogo is not responsible for the content of Third Party websites or advertisements and does not make any representations regarding the content or accuracy of materials on such Third Party websites or advertisements. Hippogo will not be liable for any damages or loss arising in any way out of or in connection with any information or third party service provided.
The material on this site, such as texts, graphics, images, html codes and other material (collectively the Material) are protected by Australian and international copyright Laws and remain the property of the site owned and operated by Hippogo. You may not sell or modify the Material or copy, reproduce, display, upload, distribute or otherwise use the Material in any way for any public or commercial purpose. You may download material from this site for your personal, non-commercial use provided you keep in tact all copyright and other proprietary notices.
11. No Guarantees As To Service
Hippogo does not warrant that the web site will operate error-free or that the web site and its server are free of computer viruses or other harmful mechanisms. Hippogo will not be responsible if your use of the site or of the Material results in the need for servicing or replacing of equipment or data.
12. Site Usage
12.1 Users are prohibited from violating or attempting to violate the security of the Web site, including, without limitation: (a) accessing data not intended for such User;
(b) logging into a server or account which the User is unauthorised to access;
(c) attempting to test the vulnerability of a system or network or to breach authentication processes;
(d) attempting to interfere with a service to any user, host or network by submitting a virus to the Website, 'spamming' overloading, 'crashing' or otherwise engage in conduct which causes a threatened or actual nuisance to Users or to the Website;
(e) Sending unsolicited e-mail, including advertising or promotional material; or
(f) Forging any TCP/IP packet header or any part of the header information in any e-mail or testimonial posting.
12.2 Users may not use the Website in order to post, transmit, distribute, store or destroy material:
(a) in violation of any applicable law or regulation;
(b) in a manner which will infringe the copyright, trademark or other intellectual property rights of others;
(c) which violates the privacy, publicity or other personal rights of others;
(d) that is defamatory, obscene, threatening, abusive, hateful or embarrassing to another User or any other person or entity; including, without limitation Activity Providers;
(e) which comprises a chain letter or pyramid scheme;
(f) which misleads or may mislead other Users of the Website or any other person or entity as to the true identity of the User posting, transmitting, distributing, storing or destroying the relevant material;
(g) that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(h) which may be likely to deceive any person;
(i) which may infringe any copyright, or any intellectual property rights of any person;
(j) which is used to impersonate any person, or to misrepresent your identity or affiliation with any person.
12.3 Hippogo values user feedback, and in particular encourages parents to post testimonials, ratings and reviews on the Website about their experiences. You acknowledge and agree that:
(a) The testimonials, reviews and ratings are a means of public and not private communication;
(b) Hippogo does not endorse any comments, opinions or reviews made by anyone on this Website, and we do not review their accuracy or content, but we can, in its absolute discretion edit, refuse to post, or to remove testimonials, ratings or reviews from the Website it deems inappropriate, objectionable or otherwise in breach of this agreement;
(c) Any reviews posted must be factually true, and must be your genuine opinion based on actual first hand experience;
(d) You will not post a testimonial, review or rating if you have been offered or received a monetary or non-monetary reward or any other form of compensation for submitting a review,
(e) You take full responsibility for the testimonial, rating or review, or comment that you submit, publish or post to the Site;
(f) Hippogo can reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including your name, ideas for new or improved products and services) that you submit to the Site or by email to Hippogo.com.au.
(g) You shall indemnify Hippogo.com.au against all damages, losses and expenses incurred to Hippogo.com.au arising as a result of any material posted, submitted, or linked to our Site by You and subsequently published
12.4 Hippogo does not represent or guarantee the truthfulness, accuracy, or reliability of communications, testimonials, ratings or reviews posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other users will be at your own risk.
13. General Provisions
13.1 It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressed in it. Furthermore, it is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt with in it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument.
13.2 The invalidity or unenforceability of any provision of this Agreement shall not invalidate or render unenforceable the remaining provisions of this Agreement, but rather the void, illegal or invalid provision or provisions shall to the extent possible be severed from this Agreement and the remaining provisions shall continue in full force and effect, provided that the basic and underlying nature, purpose and intent of this Agreement is not materially altered.
13.3 The rights and obligations of the parties hereto shall not merge upon completion of any transaction contemplated by this Agreement but shall survive the execution and delivery of any instrument entered into for the purpose of completion.
13.4 This Agreement shall be governed by the laws of the state of New South Wales, Australia and the parties submit to the jurisdiction of the Courts within that State.