YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE BECOMING A MEMBER OF CAREFINDER AND/OR USING ITS SERVICES AND WEBSITE IN GENERAL
Updated April 14, 2017
TERMS AND CONDITIONS (GENERAL)
Welcome to Carefinder, connecting caregivers/service providers with those seeking car or services in New Zealand.
These terms and conditions are intended to keep Carefinder a safe place for parents and those provideing care/servies to communicate.
1.1 Acceptance of terms and conditions: The terms and conditions are the grounds on which Carefinder offers you access to our services and the website. When you register with us you acknowledge you accept the terms and conditions laid out in front of you. If you do not except these terms and conditions you must refrain from using our services.
1.2 Amendment of terms and conditions: These terms and conditions can be amended in full or in part by Carefinder at any time. Amendments are effective immediately upon posting on this website. It is therefore your responsibility to ensure you make yourself familiar with the latest terms and conditions. Continued use of the services portrays you are familiar and accept the terms and conditions as they are amended.
These terms and conditions may change at any time without notice.
The following expressions used in these terms and conditions have there meanings set out below:
'Member', 'User' means a registered member of Carefinder;
'We', 'us' and 'our' refers to Carefinder;
'You', 'your', 'yourself', 'himself' and 'herself' refer to you;
'Profile' refers to a pages or pages based on your personal preferences, demographic information, etc.
'Parent' or 'Careseeker' includes the biological father, mother or both, legal guardian, adoptive or foster parent of a child.
'Child carer', 'Babysitter', 'Au Pair', 'Mothers help' and 'Nanny' refer to one who looks after a child in but not always in the parent's absence. Lawfully this person must be 14 years of age or older.
3.1 Services: Carefinder acts as a venue to allow contact between it's members, parents, careseekers and service providers. Carefinder takes no part in the communication between both parties other than by providing our website as a venue for members. We do not accept to act as an agency for any party at any time and we do not participate in the employment between the potential employee (child carer) and employer (parent). We take and accept no responsibility in contact and/or communication made between our members.
3.2 At Your Own Risk: All communication and actions between you and other members are conducted at your own risk You agree that Carefinder takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Carefinder gives no undertakings, or representations in relation to actions, material or communications on the Website, including, but not limited to:
a. Accuracy or truth of profiles, this includes, but not limited to: false, fraudulent, or misleading information
b. Expenses, losses, damages, harm, or costs (direct or in-direct) incurred by using our services and/or website.
c. Behaviour, responsibility or actions of members who use our services and/or website.
3.3 Disclaimer: You expressly understand and agree that:
a. Your use of our services is carried out at your sole risk, including any consequences that may result in use of this service, website, and/or affiliated partners. To the maximum extent permitted by law and without limiting clause 3.2, Carefinder disclaims and excludes all resultant actions, material and communication between users of our service, website and affiliated partners.
b. Responsibility for the content of advertisements appearing on this website rests solely with the advertisers. Carefinder does not guarantee, recommend or endorse any advertiser's product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
c. No advice or information given from Carefinder is guaranteed to be true, relevant or carry any warrantee what so ever.
d. While Carefinder takes advantage of online credit card processing services, Carefinder is no way involved or responsible in the transaction itself nor responsible for protecting its members from credit card fraud.
e. Carefinder provides a service which is clearly defined through-out our website. Shall you choose to cancel your membership once you accept to become a paid member you are not guaranteed a refund on your initial confirmed purchase or remaining subscription. You can unsubscribe at any time.
3.4 Liability/Indemnity: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Carefinder to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Carefinder's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
You agree to release Carefinder (and its directors, staff and affiliates) from claims, demands and damages (including actual, special, direct, indirect and consequential damages) arising directly or indirectly out of or in any way connected, but not limited to:
a. The general use of this site and/or its services
b. Disputes with or acts of omissions (including negligence) of other site members
c. Reliance upon any information contained on this site, reference to sponsors or affiliated sites.
3.5 Breach: Carefinder reserves the right to limit your activity, warn other members of your actions, issue a warning, suspend or terminate your membership at any time and at your own expense if you breach our terms and conditions or Carefinder deems it necessary.
4. BECOMING A MEMBER
4.1 Becoming a Member: You must only register if you are a resident in New Zealand. You must be 14 years of age or older to register. Business accounts are available for agencies and services, individual accounts must not be used by businesses or indivudals promoting a name unother than your personal name. Strictly no Advertising non-related products/services.
4.2 Accurate Information: You warrant upon registration that you have provided accurate and current personal information. You must maintain and update your profile information held by Carefinder. You must not register more than once whether the information supplied is legitimate or not.
4.3 Termination of Membership: Carefinder reserves the right to terminate your membership without entering into further discussion with you. Carefinder may terminate your account if we receive; continual complaints about you from other members, breach of the terms and conditions, impersonate or provide inaccurate or inappropriate information about yourself or at our discretion we class your behaviour as in-appropriate. Multiple registrants will have all their accounts disabled.
4.4 Security of your login information: Carefinder takes no responsibility for your user details. You are responsible for your username, login & password criteria and agree to:
a. never give out or permit anyone other than yourself to use your membership; and
b. not disclose any information that could lead to granted access of your membership.
5. PAYMENT TERMS
If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. The price for Carefinder paid products includes a charge for the service and a charge for taxes. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.
5.2 Billing Account.
To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. Additionally, you agree to permit Carefinder to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
By providing Carefinder with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Carefinder to charge you for the Services or available content using your payment method; and (iii) authorize Carefinder to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
5.4 Recurring Payments.
When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Carefinder by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated by you or by Carefinder. By authorizing recurring payments, you are authorizing Carefinder to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Carefinder or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.
5.5 Automatic Renewal.
You may choose for Services to automatically renew at the end of a fixed service period. We will remind you by email before any Services renew for a new term, and notify you of any price changes in accordance with section 5.11. Once we have reminded you that you elected to automatically renew the Services, we may automatically renew your Services at the end of the current service period and charge you the then current price for the renewal term, unless you have chosen to cancel the Services as described below. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
5.6 Online Statement and Errors.
Carefinder will provide you with an online billing statement within your Carefinder account, where you can view and print your statement (in any situation where this is not available please contact us). This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If Carefinder has identified a billing error, we will correct that error within 90 days.
5.7 Refund Policy.
Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Carefinder has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. 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. This refund policy does not affect any statutory rights that may apply.
5.8 Canceling the Services.
You may cancel a Service at any time, with or without cause. To cancel a Service and request a refund, if you are entitled to one, visit your Subscription Management on the Carefinder website. You can request a refund bu Contacting us. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
5.9 Trial-Period Offers.
If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s).
5.10 Promotional Offers.
From time to time, Carefinder may offer Services for a trial period during which Carefinder will not charge you for the Services. Carefinder reserves the right to charge you for such Services (at the normal rate) in the event that Carefinder determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
5.11 Price Changes.
We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
5.12 Payments to You.
If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
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