Terms Of Use

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 digital infrastructure for the early childhood education and care ("ECEC") sector, assisting childcare providers with managing daily operations and navigating through regulatory compliance.

1. OUR TERMS AND CONDITIONS

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

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

1.3 We have taken proper care and precautions to ensure that the information we provide on the Online Platform is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on the Online Platform.

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

1.5 Each time you access the Online Platform you acknowledge having read these Terms and Conditions, as updated from time to time.

1.6 You acknowledge that you rely on these Terms and Conditions and not any representations or warranties made by The Desktop 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 Products in accordance with these terms and conditions.

2.2 To receive the Products, you must comply with your obligations under the Terms and Conditions, including the obligation 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 Platform without 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 third party without our prior written consent. If we reasonably believe that you have breached this clause, we may suspend or restrict your access to the Products and may terminate your Membership in accordance with these Terms and Conditions.

4. YOUR OBLIGATIONS AND WARRANTIES

4.1 You warrant that:

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

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

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

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

(e) the information provided to The Desktop, including but not limited to the number of childcare centres (and their Service Approval Number) operated by you is correct on the basis that Fees 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 from The Desktop as confidential, and not take commercial advantage of any Confidential Information provided to you via the Online Platform, or enable others to do so;

(c) not provide copies of any Products to any third party without The Desktop’s prior written consent;

(d) maintain an accurate and current Business Contact, and to immediately notify The Desktop of any change to the Business Contact; and

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

4.3 You acknowledge and agree that:

(a) The Desktop’s performance under these Terms and Conditions depends on you carrying out your obligations as set out in these Terms and Conditions;

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

(c) The Desktop is not responsible for any delay or other consequence that results from your failure to perform any of your responsibilities under these Terms and Conditions;

(d) The Desktop is not liable for loss or damage that you or any other person sustains, directly or indirectly, in connection with the Online Platform, Products or The Desktop’s reliance on information it receives, or is given access to, by you;

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

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

(g) if the provision of the Products is unable to commence, or is interrupted due to technical issues of the Online Platform or an event which occurs outside of the control of The Desktop, The Desktop will not be held responsible, nor liable in any respect.

4.4 The Desktop may verify the number of approved places for a childcare centre at any time, including against information published by the relevant regulatory authority.

4.5 Where The Desktop becomes aware that:
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(a) the number of approved places provided by the Member was incorrect at the time it was provided; or
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(b) the number of approved places has increased since it was provided,

The Desktop may give the Member written notice setting out the number of approved places relied on, its source and the adjusted Fee. Unless the Member provides evidence within 14 days of the notice that the information held by The Desktop is incorrect, The Desktop may adjust the Member's Fees and subscription and charge the Member's nominated payment method for the difference between the Fees charged and the Fees that should have been payable for the period set out in clause 4.6.

4.6 The period referred to in clause 4.5 is:
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(a) where clause 4.5(a) applies, from the commencement of the current Membership Term; and
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(b) where clause 4.5(b) applies, from the date of the increase or, where that date is unknown, from the date of the notice.

4.7 Where the number of approved places for a childcare centre decreases, the Member may notify The Desktop, and the applicable Fees will be adjusted from the next renewal of the Membership Term. No refund or credit will be provided for the current Membership Term.

5. FEES & PAYMENT

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

5.2 The Fees for the Products are payable either at the time of subscribing to a Membership through our online payment process or, if we issue a tax invoice, by the due date specified in that tax invoice.

5.3 The Desktop cannot guarantee the security of any transaction or payment made by you and you accept any loss or liability arising from or in connection with any payments made by you to The Desktop.

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

5.5 All Fees paid by you to The Desktop are 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 to the current Membership Term on the same terms and conditions as set out in these Terms and Conditions and any Membership Agreement between you and The Desktop (Renewed Membership Term).

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

5.8 A Member may elect not to renew its Membership through the Online Platform before the expiry of the current Membership Term.

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

6. MEMBERSHIPS

6.1 Unless otherwise expressly agreed by The Desktop in writing, a separate Membership must be purchased and maintained for each Service Approval Number operated by, or associated with, a Member.

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

6.3 The Desktop may, in its absolute discretion, offer alternative Membership structures for categories that do not operate under a Service Approval Number, including out of scope services, family day care educators and other categories determined by The Desktop from time 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 in respect of a Membership purchased for a Service Approval Number:

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

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

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

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

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

(a) how many Service Approval Numbers or Memberships are 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 or business purchasing the Product; or

(e) how many user accounts are created.

7.5 If a refund has previously been granted in respect of a Provider Approval Number, no further refund entitlement exists for any Membership or Service Approval Number associated with that Provider Approval Number. If clause 7.2(c) applies, the refund guarantee may only be exercised once by that Member.

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

8. PRIVACY

8.1 The Desktop collects and manages your personal information in accordance with the Privacy Act 1988 (Cth). The Desktop collects and uses this information to provide the Products to you, to improve the quality of the Products, and to provide you with information about other Products offered by The Desktop. The Desktop agrees to keep such information strictly confidential.

8.2 Use of information you have provided to The Desktop or that which The Desktop have collected and retained relating to your use of the Online Platform and/or the provision of Products is governed by The Desktop’s Privacy Policy, in accordance with all applicable laws and regulations.

8.3 By using the Online Platform and receiving 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 Privacy Policy and read more about why The Desktop collects personal information from you and how The Desktop uses that information, please click here.

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

9. ACCESS

9.1 Other than the rights expressly granted to the Member and the Authorised Users, no other rights or interest whatsoever in The Desktop's Intellectual Property Rights are transferred or granted to the Member.

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

10. CONFIDENTIALITY

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

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

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

10.2 The above restrictions do not apply to Confidential Information which:

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

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

(c) is already in the public domain;

(d) enters the public domain otherwise than as a result of an unauthorised disclosure or a breach of these Terms and Conditions;

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

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

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

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

10.3 The requirement to maintain Confidential Information subsists after these Terms and Conditions or any extension thereof is terminated.

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

11. INTELLECTUAL PROPERTY

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

11.2 Use of the Online Platform does not grant any rights and/or any license whatsoever to intellectual property of The Desktop and/or that of third parties.

11.3 The Desktop shall retain ownership of all Intellectual Property Rights that subsist in the Products and the Online Platform.

11.4 Other than the rights expressly granted to you under these Terms and Conditions, no other rights or interest whatsoever in any of the Products and the Online Platform are transferred or granted to you.

11.5 Without limiting the foregoing, you agree:

(a) not to make use of The Desktop’s Intellectual Property Rights, except as explicitly authorised under these Terms and Conditions;

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

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

(d) that nothing in this clause prevents or restricts The Desktop from developing and/or using any Intellectual Property Rights for its own purposes; and

(e) the Intellectual Property Rights vest in The Desktop upon their creation, by virtue of this clause, regardless of whether the Intellectual Property Rights are conceived or created in whole or in part by The Desktop during the provision of the Products, alone or in conjunction with others, using The Desktop’s property or not, in pursuance of instructions or not.

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

12. DISCLAIMER

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

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

(b) The Desktop does not accept any liability or responsibility to you or any third party who benefits from the Products or makes use of, or receives, the Products delivered by The Desktop to you; and

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

12.2 By accessing or using any artificial intelligence, large language model, machine learning or similar functionality made available as part of the Products (AI Features), you acknowledge and agree that AI Features may produce errors, omissions, inaccuracies, incomplete information, outdated information or other unintended outputs. You are solely responsible for reviewing, verifying and validating all information and outputs generated by any AI Features before using, relying on or acting upon them. To the fullest extent permitted by law, The Desktop is not responsible for, and excludes all liability arising from, any use of or reliance on information or outputs generated by AI Features.

13. SERVICE AND MAINTENANCE

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

13.2 All reasonable maintenance will be carried out by The Desktop during The Desktop’s ordinary business hours of 8.30am to 5.30pm, Monday to Friday, excluding public holidays in New South Wales.

13.3 The Desktop will use its best endeavours 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’s ordinary business hours, The Desktop will not be liable for any inability or failure to resolve any disruption to access outside of the ordinary business hours.

13.4 If access is disrupted, the Member must contact The Desktop as soon as possible to properly identify and resolve the disruption.

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

14. RESEARCH AND SERVICE IMPROVEMENT

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

(a) sector benchmarking;

(b) research and analysis;

(c) educational content and industry reporting;

(d) the development and improvement of products and Products; and

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

14.2 The Desktop will take reasonable steps 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 a perpetual, irrevocable, worldwide, royalty-free licence to use de-identified and 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 The Desktop indemnified from all Loss incurred by The Desktop arising or in any way connected 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 and Conditions.

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

15.3 The Desktop and its agents, sub-agents, officers, directors, related entities, employees and representatives will not be liable for any direct, indirect, incidental, consequential, claim, Loss, damage, injury, death or any act, omission or default by you or any other persons or claims made against you, whether arising out of or in relation to the provision of Products provided to you, whether or not 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 whatsoever against The Desktop its agents, sub-agents, officers, directors, related entities, employees and representatives of The Desktop in respect of the Products.

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

(a) supply of the Products again; or

(b) payment of 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 and entitlements to any claims, actions, suits, legal proceedings, demands, costs, Losses, damages and expenses against The Desktop and release The Desktop from any and all claims which you now have, or at any time in the future may have, at law or in equity, against The Desktop in relation to, or arising out of, use of the Online Platform and provision of Products.

17. COMPLAINTS

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

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

18. DISPUTE RESOLUTION

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

18.2 Following receipt of a notice under clause 18.1, the parties agree to use their best endeavours to resolve the dispute amicably through 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 qualified independent third party to participate in discussions for the purpose of assisting the parties to resolve the dispute.

18.4 If the dispute is not resolved within 30 days after the notice referred to in clause 18.1 is given, or within such longer period as the parties agree, either party may take such further action as it considers appropriate to resolve the dispute.

19. NOTICES

19.1 A notice or other communication required 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 manner prescribed by The Desktop from time to time. For the avoidance of doubt, Membership cancellations and non-renewal requests must be made through the Online Platform and will not be effective if submitted by any other means unless The Desktop agrees otherwise in writing.

20. ASSIGNMENT

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

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

21. AMENDMENTS

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

21.2 Your continued use of the Products and Online Platform following any changes to the Terms and Conditions will constitute your acceptance of such changes.

22. ENTIRE AGREEMENT

22.1 To the extent permitted by law in relation to the subject matter of these Terms and Conditions, these Terms and Conditions together embody the entire understanding of the parties and constitutes the entire terms agreed on between the parties and supersedes any prior written or other agreement, representation, negotiation, arrangement, understanding and all other communications between the parties.

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

23. WAIVER

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

24. SEVERABILITY

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

24.2 Any prohibited, unlawful, void or unenforceable provision will be replaced by an allowable, lawful, effective and enforceable provision which so far as is possible will have the same economic benefit or burden for the parties as the severed provision was intended to achieve.

24.3 All obligations of the parties survive expiration or termination of these Terms and Conditions to the extent required for their full observance and performance.

25. LAW AND JURISDICTION

These Terms and Conditions are governed by the law in force in the state of New South Wales and will be construed in accordance with that law. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction 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 an employee, contractor, agent or other personnel of the Member (including personnel of a childcare centre operated, managed or controlled by the Member) who is authorised by the Member to access and use the Products under the Member's Membership.

“Business Contact” means the person nominated by the Member in writing as its primary point of contact.

“Business Day” means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia.

“Confidential Information” means information relating to either party, including the Online Platform and Products of The Desktop which is obtained by you, in the course of obtaining the Products via the Online Platform, and includes, but is not limited to, any of the following types of information:

(a) information which either party indicates is confidential;

(b) information which is by its very nature confidential;

(c) information which could be of commercial value to any customer, client, supplier or competitor of The Desktop;

(d) information relating to research, development, trade secrets, know-how, material and intellectual property, technology, source codes and methodologies, terms of trade, contractual arrangements, business strategies, formulae, processes, applications, unique features or techniques in relation to or connected or associated with any of The Desktop’s products or Products, advice, treatment plans 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 more Members, 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 one or more common Service Approval Numbers,

whether or not they subscribe to the Products under different names, entities, memberships or Service Approval Numbers.

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

“Intellectual Property Rights” means all intellectual property rights including all hardware and software in or associated with any of the Products or the Online Platform, patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in designs, database rights, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Loss” means any liability, claim, debt or obligation of any kind (whether actual, prospective or contingent) however and whenever arising and includes liabilities which are prospective or contingent and those the amount of which, for the time being, is not ascertained or ascertainable and liabilities for any loss.

"Member" means the individual, company or other organisation that subscribes to the Products and is responsible for the Membership, 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 by a Member in respect of a nominated Service Approval Number that entitles the Member and its Authorised Users to access and use the Products during the applicable term, subject to these Terms and Conditions.

"Membership Term" means the period of membership agreed between The Desktop and the Member, including any renewal period.

“Online Platform” means all websites, software, applications, platforms, systems and other digital products or services provided, operated or made available by The Desktop from time to time, including the Website, through which the Products are provided, accessed or used.

“Products” means the products offered by The Desktop from time to time via the Online Platform.

“Provider Approval Number” means the unique provider approval number allocated by the relevant regulatory authority to the approved provider responsible for one or more education and care services.

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

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

Acknowledgment and Acceptance:

I acknowledge and agree to be bound by the above Terms and Conditions.

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