By signing the Partner Enrolment Form (PEF), you are contracting with Childs Pass Pty Ltd A.C.N. 608496484 (an Australia entity) and its subsidiaries (Childs Pass, we, us, our) to be bound by these terms and conditions (T&Cs).
These T&Cs relate to your use of our website (www.childspass.com), applications (both web based and mobile) and our social media pages (the Platform) in your capacity as a seller of goods and/or services to users of the Platform (Member).
The PEF details the goods/and services that you propose to sell via the Platform including, amongst other things, their respective quantity, availability, price, discounts, and incentives (Partner Offering). Your Partner Offering can be amended or varied at any time, but only with our agreement and in writing (email).
You acknowledge that we provide a third party intermediary referral service; we do not identify or prequalify our Members for any purpose relating to the goods and/or services supplied by you; and you contract with each Member at your own risk.
If you are selling goods:
If you are selling services:
If your Partner Offering includes the provision of pilot, social, loyalty, or real-time incentives then you agree that you will honour those incentives with respect to all goods and/or services to which they relate.
For all goods and/or services purchased by a Member through the Platform we will charge you a fee equal to the rate dictated in the partner agreement for each transaction (the transaction fee). We will pay to you on the 15th day of each month all amounts received by us for the previous 30 days with respect to the sale of your goods and/or services less the transaction fee.
You grant to us a non-exclusive, payment free, perpetual irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit to us in relation to your use of the Platform and to sub-licence same for such purposes as we determine from time to time.
You must familiarise yourself with and comply with domestic laws, statutes and regulations regarding your use of the Platform. Where the Platform allows you to utilise a "share" function, you warrant that the person with whom the information is being shared consents to receiving the information.
You acknowledge that you will receive personal information about each Member by using the Platform (i.e., name, email address, phone number etc.) and you agree that you will use the information only in accordance with the provisions of the Privacy Act 1988 (Cth). Further, you agree to specifically and refrain from using the information for any direct or indirect marketing purposes or from providing the information to any third party.
You agree to hold us and (as applicable) our related entities, affiliates, and respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these T&Cs or any violation of any law or the rights of a third party.
You acknowledge and agree that all of your contractual dealings (including negotiations) with Childs Pass are of a strictly confidential nature. You further agree that you will not disclose, distribute, or publish any confidential information to any other person (including but not limited to: a competitor in business; or a Member) unless authorised in writing by us. This clause survives the expiration or termination of this agreement.
Either party may terminate by providing the other with 14 day's written notice. We may immediately terminate this agreement if you breach these T&Cs.