Website Terms and Conditions of Use

The following provisions govern your use of Karista.com.au (the“Karista Website” or "Website") and all other services made available to visitors to this Website.

By accessing and using the Karista Website, you acknowledge and confirm that you have read, understood and agree to be bound by these Website Terms and Conditions of Use and the Privacy Policy (together, the “Terms”), which constitute a contract between you and Karista Pty Ltd (ABN 92 614 763 076) (“Karista”, "we", "us" or“our”).

If you disagree with any part of the Terms, you must cease usage of the Website immediately.

1. Our Website and our services

1.1 The Karista Website allows visitors to the Website to compare services provided by third parties (“Service Providers”). By entering key details such as service type, location, funding type, and age group through the Website (Search for a Service), a tailored list of available Service Providers is generated for information purposes only. We do not provide recommendations, and the choice of Service Provider is yours.

2. Your contract with the Service Provider

2.1 Any subsequent correspondence or booking arising from the Search for a Service will be between the Service Provider and you. From time to time, with your consent, and at your request, we may assist you in completing a service level agreement with your chosen Service Provider. Any resulting contract (and therefore legal relationship) will be created solely between the Service Provider and you.

3. Reviews of Service Providers

3.1 The Karista Website also provides you with the opportunity to rate and review Service Providers to assist other users of the Website to assess the suitability of the services offered by the Service Providers. The ratings and reviews are listed on the respective Service Providers' profiles. The publication of reviews and ratings on the Karista Website and other social media channels is governed by the Karista Moderation Policy.

4. Third Party Websites

4.1 We work with several Service Providers whose websites are linked to the Karista Website and which are controlled by parties other than us (each a “Third Party Website”). These Third Party Websites will have their own terms and conditions of use, and you should familiarise yourself with these. All Third Party Websites are linked "as is" and we are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Website or any changes or updates to such sites. We do not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any content or information on any Third Party Websites linked from or to the Karista Website.

5. Disclaimers

5.1 While care and diligence have been used to maintain the information on the Karista Website, it may not be accurate, current or complete in all respects and, consequently, Karista does not make any representations or warranties as to the accuracy, currency or completeness of the information.

5.2 The Service Providers are solely responsible for their information appearing on the Karista Website. Karista does not verify the accuracy and content uploaded by the Service Providers on our Website.

5.3 We also make no representation or warranty that your access to and use of the Karista Website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. We reserve the right to discontinue operating the Karista Website at any time without notice.

6. Intellectual Property

6.1 Karista owns or is entitled under licence to all rights, title and interests (including present and future copyright) in the Karista Website. All content and information including domain names, company and business names, text, graphics, images, photographs, designs, illustrations, diagrams, logos, buttons, icons, software, and all products and services described on the Karista Website are owned exclusively by Karista or others who have licensed their content or information to Karista.

6.2 You are granted a non-exclusive, non-assignable and non-transferable licence to use the Karista Website only in accordance with these Terms. Nothing in these Terms or the Karista Website will give you ownership of the content.

6.3 Karista reserves the right to all other intellectual property that is inherent in other information, products, processes or technologies which form part of the Karista Website and are not explicitly licensed.

7. What you can't do when you access the Karista Website

7.1 Without our prior written consent, you must not, and must not permit any third party to:

1. use any automated system, software, or technology, including but not limited to web crawlers, web spiders, web robots, web ants, automatic indexers, bots, worms, screen scrapers, data miners, or any similar or equivalent manual or automatic device, tool, or process to:
   1. access, copy, monitor, extract, or aggregate any content or information from this Website;
   2. navigate or search this Website;
   3. harvest or collect user information or data; or
   4. interfere with or disrupt the Website's operation.
2. use the Website or its content for any data mining, machine learning, artificial intelligence training, or similar data gathering or extraction purposes;
3. systematically retrieve data or content to create or compile, directly or indirectly, a collection, compilation, database, or directory without our prior written permission;
4. use any device, software, or routine, access or collect data in a manner that exceeds reasonable use or that could damage, disable, overburden, or impair the Website;
5. copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Website except for your own personal, non-commercial use; or
6. bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Website.

8. Breach of the Terms

8.1 We actively monitor for copyright infringement. If you materially breach these Terms, we may, without limiting any other remedies:

1. immediately terminate or suspend your access to the Website;
2. block your IP address or implement other technical measures to prevent your access;
3. pursue all available legal remedies, including seeking injunctive relief and damages;
4. takedown notices to hosting providers;
5. report suspected illegal activity to the relevant authorities; and
6. recover from you all costs and expenses (including reasonable legal fees) incurred in enforcing these Terms.

9. Liability

9.1 Karista is not responsible to you or anyone else for any loss suffered in connection with the use of the Karista Website or any of its content. Karista excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of the Karista Website, its content or the information on it, including links to Third Party Websites.

9.2 Where liability cannot be excluded, any liability incurred by us in relation to the use of the Karista Website or its content is limited to the extent provided for by the Australian Consumer Law. To the extent permitted by law, Karista will not be liable for any consequential, incidental, indirect or special loss.

10. Governing law

10.1 These Terms are governed by the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

11. Changes to these Terms

11.1 We reserve the right to modify or replace these Terms at any time by updating this page at our sole discretion. When updating the Terms, we will use reasonable endeavours to provide you with notice of any updates by posting the new Terms on this page and updating the "Last Updated" date. Any changes to the Terms take effect immediately upon publication. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.

11.2 It is your responsibility to review these Terms periodically to stay informed of updates. Before you continue, we recommend you keep a copy of the Terms for your records.