The Desktop(Aust) Pty Ltd as trustee for The Desktop (AUST) Unit Trust

Trading as TheDesktop

Terms and Conditions

The Desktop (Aust) Pty Ltd (ACN 652427 033) as trustee for The Desktop (AUST) Unit Trust (“The Desktop” or “us” or“we” or “our”) is engaged in the business of developing software and digitalinfrastructure for the early childhood education and care ("ECEC")sector, assisting childcare providers with managing daily operations andnavigating through regulatory compliance.

1.             OUR TERMS AND CONDITIONS

1.1          By accessing and using the OnlinePlatform and the content and information offered on the Online Platform, you acknowledgeand agree that you have read and understood these terms and conditions andaccept to be bound by these terms and conditions (“Terms and Conditions”).

1.2          These Terms and Conditions apply toall transactions between us and you relating to the provision of the Productsand unless otherwise agreed in writing, these Terms and Conditions shall applyto the exclusion of any other terms and conditions.

1.3          We have taken proper care andprecautions to ensure that the information we provide on the Online Platform isaccurate. However, we cannot guarantee, nor do we accept any legal liabilityarising from or connected to, the accuracy, reliability, currency orcompleteness of anything contained on the Online Platform.

1.4          The Desktop reserves the right toamend these Terms and Conditions at any time.

1.5          Each time you access the OnlinePlatform you acknowledge having read these Terms and Conditions, as updatedfrom time to time.

1.6          You acknowledge that you rely onthese Terms and Conditions and not any representations or warranties made by TheDesktop prior to, or at the time of, entering into these Terms and Conditions.

2.             THE DESKTOP'S PRODUCTS

2.1          The Desktop shall provide the Productsin accordance with these terms and conditions.

2.2          To receive the Products, you mustcomply with your obligations under the Terms and Conditions, including theobligation to pay the Fees in accordance with clause 5.

3.             SITE ACCESS

3.1          Except as permitted under the Copyright Act 1968 (Cth)and these Terms and Conditions, you are not permitted to copy, reproduce,republish, distribute or display any of the information on the Online Platformwithout the prior written consent of The Desktop.

3.2          You must not share, publish, upload,distribute, disseminate or otherwise make available any policies, templates,documents or other content made available through the Products to any thirdparty without our prior written consent. If we reasonably believe that you havebreached this clause, we may suspend or restrict your access to the Productsand may terminate your Membership in accordance with these Terms andConditions.

4.             YOUR OBLIGATIONS AND WARRANTIES

4.1          You warrant that:

(a)           any and all information you havegiven, or will give, to The Desktop is, orwill be, true, accurate and not misleading in any material respect;

(b)           you have the legal capacity toenter into these Terms and Conditions and have the legal capacity tounderstand, and full power and authority to enter into, these Terms and Conditions;

(c)           you are solely responsible for, andassume all risk arising from, your use of the Products and the Online Platform;

(d)           you will not use the OnlinePlatform for any illegal or unauthorised use; and

(e)           the information provided to TheDesktop, including but not limited to the number of childcare centres (andtheir Service Approval Number) operated by you is correct on the basis thatFees payable by you relate to each child care centre.

4.2          You agree to:

(a)           maintain appropriate security,back-up and virus-checking procedures in place for any computer facilities,information or materials which you upload or download from the Online Platform;

(b)           treat all information obtained fromTheDesktop as confidential, and not take commercialadvantage of any Confidential Information provided to you via the OnlinePlatform, or enable others to do so;

(c)           not provide copies of any Productsto any third party without The Desktop’sprior written consent;

(d)           maintain an accurate and currentBusiness Contact, and to immediately notify The Desktop of any change to theBusiness Contact; and

(e)           indemnify The Desktopand keep The Desktop indemnified from all Loss, damage, costs andexpenses arising from or in connection with any virus or corruption introducedby you to the Online Platform.

4.3          You acknowledge and agree that:

(a)           The Desktop’s performanceunder these Terms and Conditions depends on you carrying out your obligationsas set out in these Terms and Conditions;

(b)           The Desktop is notable to independently verify the accuracy of any information and documentsprovided by you and will not be liable for any loss of damage arising from anyinaccuracy or other defect in any information or documents supplied by you;

(c)           The Desktop is notresponsible for any delay or other consequence that results from your failureto perform any of your responsibilities under these Terms and Conditions;

(d)           The Desktop is notliable for loss or damage that you or any other person sustains, directly orindirectly, in connection with the Online Platform, Products or TheDesktop’s reliance on information it receives, or isgiven access to, by you;

(e)           The Desktop canmodify, replace, refuse access to, suspend or discontinue the Products,partially or entirely, or change and modify prices for all or part of the Productsin its sole discretion;

(f)            nothing in these Terms andConditions prevent The Desktop fromproviding Products of a similar nature to any other client; and

(g)           if the provision of the Products isunable to commence, or is interrupted due to technical issues of the OnlinePlatform or an event which occurs outside of the control of TheDesktop, The Desktopwill not be held responsible, nor liable in any respect.

5.             FEES & PAYMENT

5.1          To receive the Products, you must pay the Feeagreed in writing with The Desktop in accordance with the terms in effect whenthe Fee is due and payable.

5.2          The Feesfor the Products are payable either at the time of subscribing toa Membership through our online payment process or, if we issue a tax invoice,by the due date specified inthat tax invoice.

5.3          The Desktop cannotguarantee the security of any transaction or payment made by you and you acceptany loss or liability arising from or in connection with any payments made byyou to The Desktop.

5.4          The Desktop will not be required toprovide the Products until such time as you pay the Fee. We reserve the rightto suspend or restrict your access to the Products and terminate your Membershipin accordance with these Terms and Conditions for non-payment of the Fees.

5.5          All Fees paid by you to The Desktopare non-refundable, unless agreed otherwise by The Desktop in writing.

5.6          Unless otherwise agreed in writing,the Membership Term will automatically renew at its expiry for a term equal tothe current Membership Term on the same terms and conditions as set out inthese Terms and Conditions and any Membership Agreement between you and TheDesktop (Renewed Membership Term).

5.7          Prior to the commencement of anyrenewed Membership Term, notice of the renewal and the applicable Fees will beprovided by our third-party payment gateway provider.

5.8          A Member may elect not to renew itsMembership through the Online Platform before the expiry of the currentMembership Term.

5.9          If a Member does not provide noticein accordance with clause 5.8, the Membership will automatically renew inaccordance with clause 5.6.

6.             MEMBERSHIPS

6.1          Unless otherwise expressly agreedby The Desktop in writing, a separate Membership must be purchased andmaintained for each Service Approval Number operated by, or associated with, aMember.

6.2          A Membership may only be used inconnection with the Service Approval Number nominated at the time of purchaseand must not be shared across multiple Service Approval Numbers, services,businesses or operations.

6.3          The Desktop may, in its absolutediscretion, offer alternative Membership structures for categories that do notoperate under a Service Approval Number, including out of scope services,family day care educators and other categories determined by The Desktop fromtime to time

7.             REFUND GUARANTEE

7.1          The Desktop offers a twenty-one(21) day refund guarantee.

7.2          To be eligible for a refund inrespect of a Membership purchased for a Service Approval Number:

(a)           the request must be received by The Desktopwithin twenty-one (21) days of the commencement of the Membership Term; and

(b)           the Member must provide the Provider ApprovalNumber applicable to that Service Approval Number; or

(c)           if the Member is out of scope or an individualand does not hold a Provider Approval Number, the Member must provide allMembership details reasonably requested by The Desktop.

7.3          Subject to clause 7.2(c), therefund guarantee may only be exercised once for each Provider Approval Number,regardless of the number of Memberships or Service Approval Numbers associatedwith that Provider Approval Number.

7.4          For the avoidance of doubt, thelimitation in clause 7.3 applies regardless of:

(a)           how many Service Approval Numbers or Membershipsare associated with the Provider Approval Number;

(b)           how many Products are purchased;

(c)           who purchases the Product;

(d)           the name of the Member, service, entity orbusiness purchasing the Product; or

(e)           how many user accounts are created.

7.5          If a refund has previously beengranted in respect of a Provider Approval Number, no further refund entitlementexists for any Membership or Service Approval Number associated with that ProviderApproval Number. If clause 7.2(c) applies, the refund guarantee may only beexercised once by that Member.

7.6          The Desktop reserves the right torefuse a refund request where it reasonably believes the guarantee is beingabused, manipulated or used contrary to its intended purpose.

8.             PRIVACY

8.1          The Desktop collects and managesyour personal information in accordance with the Privacy Act 1988 (Cth). TheDesktop collects and uses this information to provide the Products to you, toimprove the quality of the Products, and to provide you with information aboutother Products offered by The Desktop. The Desktop agrees to keep suchinformation strictly confidential.

8.2          Use of information you haveprovided to The Desktop or that which The Desktop have collected and retainedrelating to your use of the Online Platform and/or the provision of Products isgoverned by TheDesktop’s Privacy Policy[AL1] ,in accordance with all applicable laws and regulations.

8.3          By using the Online Platform andreceiving the Products from The Desktop, you are agreeing that you have read,understood and accept to be bound under The Desktop’s Privacy Policy.

8.4          To view The Desktop’s PrivacyPolicy and read more about why The Desktop collects personal information fromyou and how The Desktop uses that information, please click here.[AL2] 

8.5          The Desktop may use de-identifiedand aggregated information derived from the use of the Products for productdevelopment, machine learning, artificial intelligence training, analytics,benchmarking and service improvement purposes, provided that such informationdoes not identify an individual, service or provider.

9.             ACCESS

9.1          Other than the rights expresslygranted to the Member and the Authorised Users, no other rights or interestwhatsoever in The Desktop's Intellectual Property Rights are transferred orgranted to the Member.

9.2          The Member shall not without theexpress written consent of The Desktop, which may be granted or withheld at TheDesktop’s sole discretion, disclose, distribute, resell, sell or promote thesale of any information acquired from the Online Platform.

10.          CONFIDENTIALITY

10.1       Ifthe parties receive the Confidential Information of the other, they agree:

(a)           to use their best endeavours tokeep such Confidential Information securely protected and will only disclosesuch information to persons who have need to know on a confidential basis; and

(b)           not to disclose, disseminate or useConfidential Information in any way other than in the course of providing orreceiving the Products.

10.2       The above restrictions do not apply toConfidential Information which:

(a)           is authorised to be disclosed byway of either party receiving written consent from the other;

(b)           The Desktop is required to discloseto a contractor, agent, director, shareholder, officer or partner of The Desktopin respect to the provision of Products;

(c)           is already in the public domain;

(d)           enters the public domain otherwisethan as a result of an unauthorised disclosure or a breach of these Terms andConditions;

(e)           is or becomes lawfully available toeither party from a third party who has the lawful power to disclose suchinformation on a non-confidential basis;

(f)            is rightfully known to either partyprior to the date of the disclosure;

(g)           is disclosed to either party’srespective insurers or legal advisers; or

(h)           is required to be disclosed by law,provided that prior to disclosure where reasonably practicable, the partyrequired to make the disclosure gives the other party prior written notice ofthe requirement to disclose and details the information that will be disclosed.

10.3       The requirement to maintainConfidential Information subsists after these Terms and Conditions or anyextension thereof is terminated.

10.4       The obligations under this clausewill survive termination of these Terms and Conditions.

11.          INTELLECTUAL PROPERTY

11.1       Content and information provided onand through the Online Platform, including, without limitation, any of TheDesktop’s logos, trade marks, graphics, designs, information, texts, images,data and other material displayed, available or present through the OnlinePlatform, are the copyrighted and/or trade marked work of The Desktop and/or TheDesktop’s affiliates and/or licensors.

11.2       Use of the Online Platform does notgrant any rights and/or any license whatsoever to intellectual property of TheDesktop and/or that of third parties.

11.3       The Desktop shall retain ownershipof all Intellectual Property Rights that subsist in the Products and the OnlinePlatform.

11.4       Other than the rights expresslygranted to you under these Terms and Conditions, no other rights or interestwhatsoever in any of the Products and the Online Platform are transferred orgranted to you.

11.5       Without limiting the foregoing, youagree:

(a)           not to make use of The Desktop’sIntellectual Property Rights, except as explicitly authorised under these Termsand Conditions;

(b)           not to provide any IntellectualProperty Rights or copies thereof to any third party;

(c)           not to take any action, or allowany third party to take any action in contravention of any IntellectualProperty Rights belonging to The Desktop;

(d)           that nothing in this clauseprevents or restricts The Desktop fromdeveloping and/or using any Intellectual Property Rights for its own purposes;and

(e)           the Intellectual Property Rightsvest in TheDesktop upon their creation, by virtue of thisclause, regardless of whether the Intellectual Property Rights are conceived orcreated in whole or in part by The Desktop duringthe provision of the Products, alone or in conjunction with others, using TheDesktop’s property or not, in pursuance ofinstructions or not.

11.6       The Desktop is, and shall remain atall times, the sole and exclusive owner of any and all rights, interests andtitle in the Online Platform, its code, and any underlying IntellectualProperty Rights and know-how associated with any part of the Online Platform.

12.          DISCLAIMER

12.1       In using the Online Platform orreceiving the Products, you acknowledge and agree that:

(a)           to the full extent permitted bylaw, all warranties, conditions, representations and liabilities are excludedincluding any implied by statute;

(b)           The Desktop does notaccept any liability or responsibility to you or any third party who benefitsfrom the Products or makes use of, or receives, the Products delivered by TheDesktop to you; and

(c)           no guarantees or representationshave been made as to the success or benefits which you may receive from theprovision of the Products.

12.2       By accessing or using anyartificial intelligence, large language model, machine learning or similarfunctionality made available as part of the Products (AI Features), youacknowledge and agree that AI Features may produce errors, omissions,inaccuracies, incomplete information, outdated information or other unintendedoutputs. You are solely responsible for reviewing, verifying and validating allinformation and outputs generated by any AI Features before using, relying onor acting upon them. To the fullest extent permitted by law, The Desktop is notresponsible for, and excludes all liability arising from, any use of orreliance on information or outputs generated by AI Features.

13.          SERVICE AND MAINTENANCE

13.1       The Desktop will be responsible forservicing and maintaining the Online Platform and the Member’s access to theOnline Platform provided during the term of these Terms and Conditions up thedate of termination.

13.2       All reasonable maintenance will becarried out by The Desktop during The Desktop’s ordinary business hours of8.30am to 5.30pm, Monday to Friday, excluding public holidays in New SouthWales.

13.3       The Desktop will use its bestendeavours to ensure that the Member has access to the Online Platform 24/7,however in the case of any disruption to access outside of The Desktop’sordinary business hours, The Desktop will not be liable for any inability orfailure to resolve any disruption to access outside of the ordinary businesshours.

13.4       If access is disrupted, the Membermust contact The Desktop as soon as possible to properly identify and resolvethe disruption.

13.5       The Member agrees that The Desktopwill not be liable for any disruption to the Member’s access to The OnlinePlatform for any reason, including when caused by any maintenance or servicingto the Online Platform or any attempt to resolve a disruption by the Member andwill not be liable for any loss or damage suffered or incurred as a result.

14.          RESEARCH AND SERVICE IMPROVEMENT

14.1       The Member acknowledges thatinformation entered into the Online Platform may be used by The Desktop in ade-identified, aggregated or anonymised form for:

(a)       sector benchmarking;

(b)       research and analysis;

(c)        educational content and industryreporting;

(d)       the development and improvement ofproducts and Products; and

(e)       publication of industry insights,trends, best practices and case studies.

14.2       The Desktop will take reasonablesteps to ensure that any information used under clause 14.1 does not identify:

(a)       the Member;

(b)       a Product;

(c)        a Service Approval Number;

(d)       children, families or employees; or

(e)       any individual person.

14.3       The Member grants The Desktop aperpetual, irrevocable, worldwide, royalty-free licence to use de-identifiedand aggregated data for the purposes set out in this clause.

15.          INDEMNITY AND LIMITATION OF LIABILITY

15.1       You indemnify The Desktop and agree to keep TheDesktop indemnified from all Loss incurred by The Desktop arising or in any wayconnected to:

(a)       the provision of the Products;

(b)       your breach of these Terms and Conditions; and

(c)        your breach of any warranties given by you under these Terms andConditions.

15.2       The Desktop shall not be heldresponsible for delays or non-performance caused by activities or factorsbeyond its control, including but not limited to, delays and non-performancecaused by viruses, matters referred to in clause 12.2, denial of serviceattacks, other acts or omissions by you, third parties, internet serviceproviders, strikes, lockouts, work slowdowns or stoppages, accidents, fires,acts of God, terrorism and failure by you to timely furnish information orotherwise comply with these Terms and Conditions.

15.3       The Desktop and itsagents, sub-agents, officers, directors, related entities, employees andrepresentatives will not be liable for any direct, indirect, incidental,consequential, claim, Loss, damage, injury, death or any act, omission ordefault by you or any other persons or claims made against you, whether arisingout of or in relation to the provision of Products provided to you, whether ornot such Loss or damage was foreseeable or foreseen by either party.

15.4       The Desktop is released and discharged from all liability in respect of the Products,whether under the law of contract, tort, statute or otherwise and you will not be entitled to commence any action or claim whatsoeveragainst TheDesktop its agents, sub-agents,officers, directors, related entities, employees and representatives of TheDesktop in respect of the Products.

15.5       To the extent permitted by law, all express orimplied guarantees, warranties, representations and other terms and conditionsof any kind in relation to these Terms and Conditions,which are not expressly included in these Terms andConditions, are expressly excluded. If any guarantee, warranty, term orcondition is implied or imposed in relation to these Termsand Conditions under Australian Consumer Law or any other applicablelegislation, and cannot be excluded otherwise, then The Desktop’s liability forany breach is expressly limited to, at The Desktop’s election:

(a)       supplyof the Products again; or

(b)       paymentof the cost of having the Products supplied again.

15.6       The provisions of this clause will survive termination of these Terms and Conditions.

16.          RELEASE

16.1       You waive any and all rights andentitlements to any claims, actions, suits, legal proceedings, demands, costs, Losses,damages and expenses against The Desktop andrelease The Desktop from any and all claimswhich you now have, or at any time in the future may have, at law or in equity,against The Desktop in relation to, or arisingout of, use of the Online Platform and provision of Products.

17.          COMPLAINTS

17.1       If you have a complaint about the Products or TheDesktop, please contact The Desktop via email[help@thedesktop.com.au] outlining details of yourcomplaint and requested action.

17.2       The Desktop will endeavour to respond to allcomplaints in a timely manner.

18.          DISPUTE RESOLUTION

18.1       In the event of a dispute arising between youand The Desktop ("the parties") in connection with the Products, aparty must provide written notice to the other party setting out the details ofthe dispute.

18.2       Following receipt of a notice under clause 18.1,the parties agree to use their best endeavours to resolve the dispute amicablythrough negotiations, discussions and other communication in good faith.

18.3       Either party may, upon giving at least seven(7) days' written notice to the other party, invite an appropriately qualifiedindependent third party to participate in discussions for the purpose ofassisting the parties to resolve the dispute.

18.4       If the dispute is not resolved within 30 daysafter the notice referred to in clause 18.1 is given, or within such longerperiod as the parties agree, either party may take such further action as itconsiders appropriate to resolve the dispute.

19.          NOTICES

19.1       A notice or other communicationrequired or permitted to be given by one party to another must be in writing.Any notice from you must be submitted through the Online Platform in the mannerprescribed by The Desktop from time to time. For the avoidance of doubt, Membershipcancellations and non-renewal requests must be made through the Online Platformand will not be effective if submitted by any other means unless The Desktopagrees otherwise in writing.

20.          ASSIGNMENT

20.1       You cannot novate, assign or transfer yours ora Member's rights under these Terms and Conditions without the prior writtenconsent of The Desktop. The Desktop may, in its discretion, approve thetransfer of a Membership to another person in accordance with any processnotified by The Desktop from time to time.

20.2       The Desktop may novate, assign or transfer anyor all of its rights and obligations under these Terms and Conditions to anyperson without your consent, and you must do anything reasonably required byThe Desktop to give effect to that novation, assignment or transfer.

21.          AMENDMENTS

21.1       The Desktop reservesthe right to update or revise the Terms and Conditions at any time.

21.2       Your continued use of the Productsand Online Platform following any changes to the Terms and Conditions willconstitute your acceptance of such changes.

22.          ENTIRE AGREEMENT

22.1       To the extent permitted by law inrelation to the subject matter of these Termsand Conditions, these Terms and Conditions togetherembody the entire understanding of the parties and constitutes the entire termsagreed on between the parties and supersedes any prior written or otheragreement, representation, negotiation, arrangement, understanding and allother communications between the parties.

22.2       If there is any conflict orinconsistency between these Terms and Conditions and the provisions of anyother document, these Terms and Conditions will prevail, unless the otherdocument between you and The Desktop expressly provides that it is to takeprecedence over these Terms and Conditions, in which case that document willprevail to the extent of the conflict or inconsistency

23.          WAIVER

Failure to exercise or enforce or a delay in exercising orpartially enforcing or exercising any right, power or remedy provided under thelaw of this jurisdiction or these Terms andConditions by any party will not in any way preclude or operate as a waiver ofany exercise or enforcement or further exercise or enforcement of that or anyother right, power or remedy provided by the law of this jurisdiction or under theseTerms and Conditions.

24.          SEVERABILITY

24.1       If a provision of these Terms and Conditions are or become invalid or unenforceablein the jurisdiction it is to be read down or severed in that jurisdiction tothe extent of the invalidity or unenforceability and that fact does not affectthe validity or enforceability of that provision in another jurisdiction or theremaining provisions.

24.2       Any prohibited, unlawful, void orunenforceable provision will be replaced by an allowable, lawful, effective andenforceable provision which so far as is possible will have the same economicbenefit or burden for the parties as the severed provision was intended toachieve.

24.3       All obligations of the partiessurvive expiration or termination of these Termsand Conditions to the extent required for their full observance andperformance.

25.          LAW AND JURISDICTION

These Terms and Conditions are governed by the law in force inthe state of New South Wales and will be construed in accordance with that law.Each party irrevocably and unconditionally submits to the non-exclusivejurisdiction of the courts of New South Wales and waives, without limitation,any claim or objection based on absence of jurisdiction or inconvenient forum.

26.          DEFINITIONS

26.1       “Authorised User” means anemployee, contractor, agent or other personnel of the Member (includingpersonnel of a childcare centre operated, managed or controlled by the Member)who is authorised by the Member to access and use the Products under theMember's Membership.

“BusinessContact” means the person nominated by the Member in writing as its primarypoint of contact.

“Business Day” means aweek day in which trading banks are open for the transaction of bankingbusiness in Sydney, Australia.

“Confidential Information”means information relating to either party, including the Online Platform and Productsof TheDesktop which is obtained by you, in the course ofobtaining the Products via the Online Platform, and includes, but is notlimited to, any of the following types of information:

(a)           information which either party indicatesis confidential;

(b)           information which is by its verynature confidential;

(c)           information which could be ofcommercial value to any customer, client, supplier or competitor of TheDesktop;

(d)           information relating to research,development, trade secrets, know-how, material and intellectual property,technology, source codes and methodologies, terms of trade, contractualarrangements, business strategies, formulae, processes, applications, uniquefeatures or techniques in relation to or connected or associated with any of TheDesktop’s products or Products, advice, treatmentplans or other documents provided by you via the Online Platform; or

(e)           information obtained verbally,whether in consultations, during discussions or in any other way.

“The Desktop” means The Desktop (Aust) Pty Ltd(ACN 652 427 033)

"Enterprise Group"means any two or moreMembers, businesses, services, organisations or entities that:

(a)              are related bodies corporate;

(b)           are under common ownership, management or control; or

(c)           operate under, are associated with, or are connected through oneor more common Service Approval Numbers,

whether or not theysubscribe to the Products under different names, entities, memberships or ServiceApproval Numbers.

“Fee” means the feepayable by the Member to receive the provision of Products.

“Intellectual PropertyRights” means all intellectual property rights including all hardware andsoftware in or associated with any of the Products or the Online Platform,patents, utility models, rights to inventions, copyright and neighbouring andrelated rights, trade marks and service marks, business names and domain names,rights in designs, database rights, confidential information (includingknow-how and trade secrets) and all other intellectual property rights, in eachcase whether registered or unregistered and including all applications andrights to apply for and be granted, renewals or extensions of, and rights toclaim priority from, such rights and all similar or equivalent rights or formsof protection which subsist or will subsist now or in the future in any part ofthe world.

“Loss” means anyliability, claim, debt or obligation of any kind (whether actual, prospectiveor contingent) however and whenever arising and includes liabilities which areprospective or contingent and those the amount of which, for the time being, isnot ascertained or ascertainable and liabilities for any loss.

"Member" means the individual, company or otherorganisation that subscribes to the Products and is responsible for theMembership, payment of Fees and compliance with these Terms and Conditions,and, where applicable, holds or operates the relevant Service Approval Number.

"Membership" means the subscription purchased bya Member in respect of a nominated Service Approval Number that entitles theMember and its Authorised Users to access and use the Products during theapplicable term, subject to these Terms and Conditions.

"Membership Term" means the period ofmembership agreed between The Desktop and the Member, including any renewalperiod.

“OnlinePlatform” means all websites, software, applications, platforms, systemsand other digital products or services provided, operated or made available byThe Desktop from time to time, including the Website, through which theProducts are provided, accessed or used.

“Products” means theproducts offered by The Desktop from timeto time via the Online Platform.

“ProviderApproval Number” means the unique provider approval number allocated by therelevant regulatory authority to the approved provider responsible for one ormore education and care services.

“ServiceApproval Number” means the unique service approval number allocated by therelevant regulatory authority to a particular approved education and care service.

“Website” means the websiteknown as https://thedesktop.com.au

Acknowledgment and Acceptance:

Iacknowledge and agree to be bound by the above Terms and Conditions.

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 [AL1]Inserthyperlink to Privacy Policy

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