WEBSITE TERMS OF USE

1. About this Website

This website at www.exploreanddevelop.com.au (Website) is operated by Explore & Develop Pty Ltd ABN 71 134 549 616 (we, us or our). We are the franchisor of a network of early childhood education and care centres operating under the Explore & Develop brand. We do not directly own or operate any childcare centres. Each centre is independently owned and operated by a franchisee. Any information on this Website does not create any contractual relationship with franchisees and the franchisor beyond the website terms.

The Website provides information about the Explore & Develop brand, our franchise network, educational philosophy, and resources for families. It also provides contact forms for families, prospective employees, and prospective franchisees.

2. Acceptance of Terms

By accessing or using this Website, you agree to be bound by these Terms of Use (Terms). If you do not agree with these Terms, you must not use this Website.

We may amend these Terms at any time by publishing updated Terms on this Website. Your continued use of the Website after any amendment constitutes your acceptance of the amended Terms. We recommend you review these Terms periodically.

3. Use of the Website

You may use this Website only for lawful purposes and in accordance with these Terms. You must not:

• use this Website in any way that breaches any applicable local, state, national or international law or regulation;
• use this Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material, or any form of spam;
• knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
• attempt to gain unauthorised access to, interfere with, damage or disrupt any part of this Website, the server on which this Website is stored, or any server, computer or database connected to this Website;
• use any robot, spider, scraper or other automated means to access this Website for any purpose without our express written permission; or
• interfere with or circumvent the security features of this Website.

The consequences of breaching these Terms may include reporting your actionsto relevant authorities and suspension or termination of your access to all or part of this Website.

4. Contact Forms and Enquiries

This Website provides contact forms for the following purposes:

• Family enquiries and waitlisting: Information submitted via family enquiry or waitlist forms is transmitted directly to the relevant franchised centre. We do not control or operate that centre and are not responsible for the centre’s handling of your information or its response to your enquiry.
• Employment enquiries: Information submitted via employment application forms is transmitted directly to the relevant franchised centre. We do not employ staff at franchised centres and are not responsible for recruitment decisions made by individual franchisees.
• Franchise enquiries: Information submitted via franchise enquiry forms is received by our franchise team and is used to assess and respond to expressions of interest in joining the franchise network.

We may from time to time offer downloadable resources (such as franchise information packs) in exchange for your name and email address. Your use of such functionality is subject to these Terms and our Privacy Policy.

5. Intellectual Property

All content on this Website, including but not limited to text, graphics, logos, images, photographs, audio, video, software, designs, layouts, and the compilation and arrangement of such content (Content), is owned by or licensed to Explore & Develop Pty Ltd and is protected by copyright, trade mark and other intellectual property laws. You do not have a licence to use it.

The Explore & Develop name, logo and associated branding are our registered trade marks or the trade marks of our related entities. You must not use our trade marks without our prior written consent.

You may view, download and print Content from this Website for your personal, non-commercial use only, provided you do not modify, copy, reproduce, republish, upload, post, transmit or distribute such Content without our prior written permission.

6. Blog and Parent Resources

Our Website includes a blog and parent resources section that provides free educational information. This content is provided for general informational purposes only and does not constitute professional advice. While we endeavour to keep the information accurate and up to date, we make no representations or warranties about the completeness, accuracy, reliability or suitability of this information. [Belinda, consider adding a highlighted warning or notice on the website pages with advice to ensure readers see this disclaimer.]

You should always seek appropriate professional advice relevant to your particular circumstances before acting on any information provided on this Website.

7. Third-Party Links

This Website may contain links to third-party websites or resources. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or resources. Your use of any third-party website is at your own risk and subject to the terms and conditions of that website. We suggest you review the third-party’s own terms and privacy policies.

8. Franchisee Relationships

Each Explore & Develop centre is independently owned and operated by a franchisee under a franchise agreement with us. We are not responsible or liable for the acts, omissions, representations, warranties, services or products of any individual franchised centre. Any contractual or service relationship you enter into with an individual centre is between you and that franchisee directly. For more information about franchisee relationships, please refer to the Australian Franchising Code of Conduct.

9. Disclaimers

To the maximum extent permitted by law:

• this Website and its Content are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied;
• we do not warrant that this Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components;
• we do not warrant the accuracy, completeness or reliability of any Content or information on this Website; and
• we disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law. If such legislation applies, to the extent that we are permitted to do so, our liability is limited, at our option, to the supply of the relevant services again or the payment of the cost of having the services supplied again.

10. Limitation of Liability

To the maximum extent permitted by law, including the Australian Consumer Law, we exclude all liability (whether in contract, tort (including negligence), statute or otherwise) for any loss, damage, cost or expense (including indirect, incidental, special, consequential or punitive damages, loss of profits, loss of data, or business interruption) arising out of or in connection with:

• your use of, or inability to use, this Website;
• any reliance on Content or information obtained from this Website;
• any interaction with, or services provided by, an individual franchised centre;
• any unauthorised access to or alteration of your transmissions or data; or
• any other matter relating to this Website.

11. Indemnity

You agree to indemnify, defend and hold harmless Explore & Develop Pty Ltd, its officers, directors, employees, agents, franchisees and affiliates from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms or your use of this Website.

12. Privacy

Your use of this Website is also governed by our Privacy Policy, which is available on this Website and forms part of these Terms. By using this Website, you consent to the collection, use and disclosure of your personal information in accordance with our Privacy Policy.

13. Suspension and Termination

We may, at our sole discretion and without notice, suspend or terminate your access to all or part of this Website at any time for any reason, including if we reasonably believe you have breached these Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for the resolution of any dispute arising out of or in connection with these Terms or your use of this Website.

15. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect. The invalid, illegal or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Explore & Develop Pty Ltd in relation to your use of this Website, and supersede all prior or contemporaneous communications, representations or agreements, whether oral or written.

17. Contact

If you have any questions about these Terms, please contact us at:

Explore & Develop Pty Ltd

ABN 71 134 549 616

Email: admin@exploreanddevelop.com.au

Address: Suite 305, 71 Longueville Road
Lane Cove
NSW 2066

Phone: (02) 9451 0489