Terms & Conditions

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Welcome to Nannies and Helpers!

The platform that matches nannies, babysitters and carers with parents and families who need their help. When we talk about the “Services” in this agreement, we are referring to the services available through our website and any associated services we offer.

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the Nannies and Helpers Platform (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, The Trustee for the BILD Trust ABN 48 463 584 095 referred to as ‘Nannies and Helpers’ (Nannies and Helpers, we or us).

The remainder of this agreement is divided into three parts:

  • Part A (All Users), which sets out terms that apply to all Users;
  • Part B (Carers), which sets out additional terms that apply to all Carers, including both Nannies and Babysitters; and
  • Part C (Parents), which sets out additional terms that apply to Parents, being parents and families that request the services from Carers.

If you intend to use the Platform as a Parent, only Part A and Part C of these terms will apply to you. If you intend to use the Platform as a Carer, only Part A and Part B of these terms will apply to you. Part B also set outs the specific obligations of Carers that sign up as ‘Nannies’ and/or ‘Babysitters’. We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Part A

All Users

1. ELIGIBILITY

  • This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
    • over the age of 18 years and accessing the Platform for personal use; or
    • accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
  • Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
  • If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2.CHANGES TO THESE TERMS

  • We may modify these terms or our Privacy Policy from time to time. If we make material changes, we will provide you notice through the Platform, or by other means, to provide you the opportunity to review the changes before they become effective.:
  • We agree that changes cannot be retroactive. If you object to any changes, you may terminate this agreement and close your Account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

3.ACCOUNTS

  • In order to use most of the functionality of the Platform, Users are required to sign-up, register and receive an account through the Platform (an Account).
  • As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Nannies and Helpers from time to time.
  • You warrant that any information you give to Nannies and Helpers in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
  • Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
  • If you are a Carer, we will review your request for an Account before approving the request. We may request additional information, including details of your drivers’ licence and conduct a background check, including but not limited to, a Working With Children Check (WWCC) and a National Police Check. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with in Account, we may refuse to provide you with an Account, in our sole discretion.
  • Once you complete the Account registration process, Nannies and Helpers may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account. Part B sets out the extra requirements that apply to Carers before receiving an Account.
  • Nannies and Helpers reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
  • Nannies and Helpers may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

4.IDENTITY VERIFICATION

  • (Verification) We may offer or require Users to verify their details using our processes as applicable (Verification Service).
  • (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 18. Where a Verification Service is used, you acknowledge and agree that:
    • we may contact and share your personal information with a Verification Service to verify your details;
    • you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
  • (Warranty and Indemnity) You acknowledge and agree that:
    • we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
    • you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
    • we do not endorse any User, Profile or Verification Service.

5.USER OBLIGATIONS

As a User, you agree:

  • not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
  • to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Nannies and Helpers of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
  • to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
    • in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
    • in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Nannies and Helpers;
  • not to act in any way that may harm the reputation of Nannies and Helpers or associated or interested parties or do anything at all contrary to the interests of Nannies and Helpers or the Platform;
  • not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Nannies and Helpers;
  • that Nannies and Helpers may change any features of the Platform or Services offered through the Platform at any time without notice to you;
  • that information given to you through the Platform, by Nannies and Helpers or another User including a Carer, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
  • that Nannies and Helpers may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

6.POSTED MATERIALS

6.1 WARRANTIES
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
  • you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
  • the Posted Material is accurate and true at the time it is provided;
  • any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
  • the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
  • the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
  • the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
  • the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
  • the Posted Material does not breach or infringe any applicable laws.
6.2 LICENCE
  • You grant to Nannies and Helpers a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Nannies and Helpers to use, exploit or otherwise enjoy the benefit of such Posted Material.
  • If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Nannies and Helpers from any and all claims that you could assert against Nannies and Helpers by virtue of any such moral rights.
  • You indemnify Nannies and Helpers against all damages, losses, costs and expenses incurred by Nannies and Helpers arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
6.3 REMOVAL
  • Nannies and Helpers acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Nannies and Helpers may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
  • You agree that you are responsible for keeping and maintaining records of Posted Material.

7.FEES

Any fees or remuneration for any services requested or provided through any introduction on the Platform are quoted, negotiated, accepted, paid and otherwise dealt with between Parents and Carers. Any issues with refunds or cancellations must be dealt with between Parents and Carers. Nannies and Helpers will not be responsible for any issues regarding payment, including any refunds or cancellations between Parents and Carers.

8.REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

Subject to the terms of this agreement and to the maximum extent permitted by law, Nannies and Helpers will have no liability or obligation to you if:
  • a Parent or Carer cancels at any time after the time for performance of the Service Requestis agreed; or
  • for whatever reason, including technical faults, the services in a Service Request cannot be performed or completed,
and you will not be entitled to any compensation from Nannies and Helpers.

9.ONLINE PAYMENT PARTNER

  • We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on the Platform, including for our Services.
  • The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. You can find these here.
  • You agree to release Nannies and Helpers and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
  • We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

10.SERVICE LIMITATIONS

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
  • the Platform may have errors or defects (or both, as the case may be);
  • the Platform may not be accessible at times;
  • messages sent through the Platform may not be delivered promptly, or delivered at all;
  • information you receive or supply through the Platform may not be secure or confidential; and
  • any information provided through the Platform may not be accurate or true.

11.INTELLECTUAL PROPERTY

  • Nannies and Helpers retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (ServiceContent) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
  • You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of applying for a Profile. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Nannies and Helpers or as permitted by law.
  • In this clause 11, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

12.THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Nannies and Helpers accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

13.THIRD PARTY TERMS SUPPLIERS

  • If weneed to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
  • Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
  • You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the Platform and you can stop using the Platform.

14.DISPUTES BETWEEN USERS

  • You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
  • If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Nannies and Helpers via our ‘Contact Us’ page. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
  • Any costs you incur in relation to a complaint or dispute will be your responsibility.
  • Nannies and Helpers has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
  • Nannies and Helpers reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
  • If you have a dispute with Nannies and Helpers, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
  • Notwithstanding any other provision of this clause 14, you or Nannies and Helpers may at any time cancel your Account or discontinue your use of the Platform.

16.DISCLAIMER

  • (Introduction service) Nannies and Helpers is a medium that facilitates the introduction of Parents and Carers for the purposes of childcare. Nannies and Helpers simply charges a service or Membership Fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Parents and Carers in relation to such services or otherwise resulting from the introduction.
  • (Not an Employment Agency)Nannies and Helpers is not a labour hire, employment or recruitment agency. As above, Nannies and Helpers is simply a platform that facilitates the introduction of Parents and Carers. Nannies and Helpers is not a party to any contract between Parents and Carers and will not be liable for any issues or services or otherwise, than simply the introduction.
  • (Limitation of Liability) To the maximum extent permitted by law and subject to clause 16(d), the total liability of each party (being you, the User and us, Nannies and Helpers) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the 3 months preceding the date of the event giving rise to the relevant liability.
  • Clause 16(b) does not apply to your liability in respect of loss or damage sustained by Nannies and Helpers arising from your:
    • breach ofthird-party intellectual property rights;
    • breach of employment law;
    • fraudulent, or criminal act and/or omission;
  • (Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
  • (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
  • (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Nannies and Helpers, except:
    • in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
    • to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

17.CONFIDENTIALITY

You agree that:
  • no information owned by Nannies and Helpers, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
  • all communications involving the details of other users on this Platform and of the Carer are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

18.PRIVACY

You agree that:
  • We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
  • Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal and/or sensitive information.
  • You agree to be bound by the clauses outlined in Nannies and Helpers’ Privacy Policy, which can be accessed here.

19.COLLECTION NOTICE

  • We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
  • Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

20.TERMINATION

  • Either Nannies and Helpers or the User may terminate the User’s account at any time (including any listings, memberships or Accounts) for any reason.
  • If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, Nannies and Helpers will effect such termination within a reasonable time after receiving written notice from the User.
  • In the event that a User’s Account is terminated:
    • the User’s access to all posting tools on the Platform will be revoked;
    • the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and Profiles or requests); and
    • the User may be unable to view the details of other Carers (including contact details, geographic details and any other details), and all Profiles previously posted by the respective User will also be removed from the Platform.
  • Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

21.TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Nannies and Helpers will not be held accountable in relation to any transactions between Parents and Carers where tax related misconduct has occurred.

22.RECORD / AUDIT

To the extent permitted by law, Nannies and Helpers reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Nannies and Helpers.

23.NOTICES

  • A notice or other communication to a party under this agreement must be:
    • in writing and in English; and
    • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
  • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
    • 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
    • when replied to by the other party,
    whichever is earlier.

24.GENERAL

24.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

24.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

24.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

24.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

24.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

24.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

24.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

24.8 INTERPRETATION
  • (singular and plural) words in the singular includes the plural (and vice versa);
  • (gender) words indicating a gender includes the corresponding words of any other gender;
  • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  • (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
  • (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
  • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    • (includes) the word “includes” and similar words in any form is not a word of limitation; and
    • (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Part B

Carers

1.ELIGIBILITY, VERIFICATION AND QUALIFICATIONS

  • If in any of your Profiles or anywhere on your Account you hold yourself out to possess certain qualifications (Qualifications), you warrant to Nannies and Helpers that you do hold such Qualifications and if requested, will promptly provide Nannies and Helpers with evidence of the Qualifications.
  • In order to register an Account, Nannies and Helpers will require you to provide:
    • a valid identity document, such as a Driver’s Licence;
    • first aid certificate;
    • a valid WWCC in the jurisdiction you will offer your services in;
    • a valid national police check obtained in the last 12 months;
    • job references, including contact details of those references if requested; and
    • any other information or documentation to verify your suitability to offer services on the Platform as reasonably required by Nannies and Helpers (together, the Checks).
  • You must also at all times maintain a valid WWCC in the jurisdiction you will offer your services in.
  • Nannies and Helpers may, at its discretion, require you to confirm the status of any of the Checks at any time. You indemnify Nannies and Helpers against any claim that may arise in connection with your eligibility to work with people under 18 years old or any other Checks.
  • Nannies and Helpers may refuse to provide you with an Account or remove your Account if you do not satisfy any of the Checks.

2.PROFILES

You acknowledge and agree that:
  • you must use your best endeavours to provide as much information as possible in your Account’s profile in which you offer to provide services (Profile);
  • any information you supply in a Profile must be true, timely and accurate; and
  • to maintain the accuracy of available Carers on the Platform, Nannies and Helpers may reasonably remove your Profile or Account if you are inactive on the Platform.

3.SERVICE REQUESTS

You acknowledge and agree that:
  • you must use your best endeavours to provide as much information as possible in your Account’s profile in which you offer to provide services (Profile);
  • any information you supply in a Profile must be true, timely and accurate; and
  • to maintain the accuracy of available Carers on the Platform, Nannies and Helpers may reasonably remove your Profile or Account if you are inactive on the Platform.

4.NO GUARANTEES

  • Nannies and Helpers does not make any guarantee that you will find or source any suitable work, engagements or contracts through your use of the Platform.
  • While we may require Parents to provide detailed information in Service Requests, we give no guarantee that Service Requests are for actual job or service vacancies on the terms set out in any Service Requests. You should do your own research and verification of employment or engagement terms which you enter into with any Parent.

5.PROVISION OF SERVICES

You acknowledge and agree that:
  • You must ensure that all services specified in yourProfile, or otherwise specified in a Service Request, that are accepted by a Parent are provided:
    • in accordance with all applicable laws, regulations, tax obligations and industry standards;
    • with due care and skill and in a professional, punctual and diligent manner;
    • so that the services are fit for their intended purpose; and
    • on the date and at the times set out in the Service Request.
  • You acknowledge and agree that a Parent may review any Profile or services you provide under a Profile on the Platform.
  • You acknowledge and agree that Nannies and Helpers has no obligation to verify the identity of Parents, suitability of Parents for your requirements or any information on a Service Requests and you should make your own inquiries as to the identities of Parents, suitability of Parents and the information on a Service Requests before engaging in contracts with those Parents or pursuing any employment or contract offer in a Service Requests.
  • If a Parent requests to reschedule the delivery time for the services listed in a Service Requests, you may choose to accept or reject such a request.

6.CARERS THAT ARE BABYSITTERS

6.1 GENERAL

This clause 5 only applies to Carers that sign up to Nannies and Helpers as a ‘Babysitter’.

6.2 MEMBERSHIP FEES
  • To enjoy the benefits of the Platform, Carers that sign up to the Platform as a ‘Babysitter’ must purchase a membership plan as set out on the Platform (Membership).
  • The Membership fee is set out on the Platform (Membership Fees). Nannies and Helpers reserves the right to change or waive the Membership Fees at any time by updating the Platform. We will update the Platform or provide you with written notice at least 14 days before this occurs, and upon receipt of such notice you may terminate your Membership immediately using the functionality on the Platform or by providing us written notice. Your continued use of the Membership after you receive such notice will constitute your consent to the change and/or waiver set out in our Platform or a notice.
  • The Membership does not automatically renew. If you wish to renew your Membership, you must return to the Platform and purchase another Membership using the functionality provided on our Platform.
6.3 FEES FOR SERVICES
  • Upon registering an Account and paying the Membership Fees, you will be required to quote the cost of providing the services specified in each Profile to a Parent (Quoted Amount).
  • When a Parent accepts a Quoted Amount, any fees or remuneration for any Service Request, or provided through any introduction on the Platform are quoted, negotiated, accepted, paid and otherwise dealt with between Parents and you, the Babysitter.
6.4 REFUNDS & CANCELLATIONS
  • Nannies and Helpers strongly encourages Babysitters to honour Service Requests once they have been accepted.
  • However, if cancellations are required, Babysitters can cancel a Service Request through the Platform and must immediately notify the Parent through the Nannies and Helpers Platform.
  • You must ensure that your cancellation policy and refund policy in relation to you or Parents cancelling an accepted Service Request is in compliance with all applicable laws, such as the Australian Consumer Law.
  • You agree to honour and comply with the process set out in this clause 6 in the event of a pricing error in a Profile.
6.5 WARRANTIES

By listing yourself as a Babysitter on the Platform, posting a Profile or responding to a Service Request, you represent and warrant that:

  • you are able to fulfil the requirements of the services specified in the Profile or Service Request;
  • you will provide services to each Parent:
    • using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
    • in compliance with all applicable laws; and
  • any individuals involved in your performance of services to any Parent have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.

7.CARERS THAT ARE NANNIES

7.1 GENERAL
  • Carers also have the option of signing up to Nannies and Helpers as a ‘Nanny’ (Nanny or Nannies).
  • This clause 7 only applies to Carers that sign up to Nannies and Helpers as a ’Nanny’.
  • In order to sign up to Platform as a Nanny, you must reach out to Nannies and Helpers’ enquiry form on our Website.
  • Upon completing the form with the relevant details, Nannies and Helpers will reach out with next steps on the outcome of your application.
  • For the avoidance of doubt, Nannies are not required to pay a Membership Fee.
7.2 YOUR OBLIGATIONS

You agree and warrant:

  • to undertake any required interviews, questionnaires or background checks if youwish to be connected with a Parent;
  • that if shortlisted for a position, you will undertake a number of checks relevant to your position, including but not limited to:
    • the appropriate working with children check in the State or Territory in which you will be working; and
    • State and/or Federal police clearance checks,
    if you have not already completed this when joining the Platform in accordance with clause1 of Part B.
  • to provide Nannies and Helpers and/or the Parents with details of professional referees so that reference checks can be conducted about your professional history and such referees must be your current or former employers or managers who supervised you on a regular basis in a place of employment or professional engagement;
  • to provide Nannies and Helpers with all other documentation, information and assistance reasonably required for us to provide the Services;
  • to liaise with Nannies and Helpers as we reasonably request for the purpose of enabling us to provide the Services;
  • that any information you provide to us or a Parent is true, accurate, current and not misleading;
  • to enter into a separate Candidate Agreement with Nannies and Helpers if you wish to be connected with a Parent;
  • that you are responsible for complying with all statutory requirements that might apply; and
  • if you have been convicted of a criminal offence in Australia or another country, you will disclose the fact and details of such conviction to usand/or the Parent.
7.3 DISCLAIMERS AND WARRANTIES

You agree that while Nannies and Helpers will try to connectyou to a Parent’s Service Request, Nannies and Helpers makes no representation, guarantees or warranties as to the effectiveness of its Services or the Platform, and does not represent or warrant that it will find youa position.

8.BYPASSING

  • You agree that while you are a Carer on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Parent whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Parent or their representative is still active on the Platform.
  • Nannies and Helpers may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 8.

9 BINDING CONTRACT

You agree that when a Parent submits an enquiry in response to your Profile, this constitutes their intention and offer to enter into a contract with you, where you will provide the Parent with the service as specified in the relevant Profile, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Parent) when you respond to an email or message on the Platform confirming that you accept the Parent’s offer.


Part C

Parents

1.ELIGIBILITY AND VERIFICATION

  • By registering an Account on the platform for services related to a child, you represent and warrant that you are over 18 years old and are the parent or legal guardian for the relevant child/children who will benefit from such services that you will request on the Platform.
  • You must verify that any Carer:
    • is over 18 years old or has their parent's or guardian's consent to use the Platform;
    • has the necessary qualifications, licences, background checks, references, visas, work permits and any other certifications you require to engage the Carer.We will do our best to check Carers through our Verification process but we do not guarantee the accuracy or verify all information provided by Carers. It is your responsibility to conduct your own checks and references as required and to confirm that the Carer can legally work in Australia.

2.SERVICE REQUESTSFOR BABYSITTERS

2.1 GENERAL

This clause 2 of Part Conly applies to Parents that engage Carers who are Babysitters.

2.2 MEMBERSHIP
  • In order to access the benefits of the Platform, you must purchase a membership plan as set out on the Platform (Membership). If you require a Nanny, please contact Nannies and Helpers in accordance with clause 3.
  • The Membership fee is set out on the Platform (Membership Fees). Nannies and Helpers reserves the right to change or waive the Membership Fees at any time by updating the Platform. We will update the Platform or provide you with written notice at least 14 days before this occurs, and upon receipt of such notice you may terminate your Membership immediately using the functionality on the Platform or by providing us written notice. Your continued use of the Membership after you receive such notice will constitute your consent to the change and/or waiver set out in our Platform or a notice.
  • The Membership does not automatically renew. If you wish to renew your Membership, you must return to the Platform and purchase another Membership using the functionality provided on our Platform.
  • You acknowledge and agree that, unless applicable laws or regulations require otherwise, Quoted Amounts will be inclusive of GST.
2.3 PARENTS’ OBLIGATIONS
  • You acknowledge and agree that:
    • if you confirm a Service Request once a Babysitter responds to it, that will constitute your offer and intention to enter into a contract with the Babysitter, and you agree to act in good faith and not cancel the Service Request once it has been accepted;
    • for each offer you submit in response to a Profile on the Platform that is accepted by the relevant Babysitter and you are responsible for paying the Quoted Amount to the Babysitter; and
    • any terms and conditions relating to services or a quote provided via the Platform are solely between you and the relevant Babysitter and do not involve Nannies and Helpers in any way, except that such terms and conditions must not be inconsistent with your or the Babysitter’s obligations under this agreement.
  • When you submit a Service Request on the Platform, you must:
    • only submit requests that are bone fide and accurate; and
    • truthfully fill out all the information requested by the Platform in relation to the Service Request.
2.4 CANCELLATIONS AND REFUNDS
  • Nannies and Helpers will have no liability or obligation to you if a Babysitter cancels a Service Request after it has been agreed and you will not be entitled to any compensation from Nannies and Helpers in relation to any such cancellation.
  • However, if you wish to cancel services specified in an agreed Service Request, before the Babysitter has performed them, youmust contact the Babysitter. If Nannies and Helpers decides to investigate your cancellation, you must provide assistance and information to Nannies and Helpers as reasonably requested.
  • If you cancel a service specified in an agreed Service Request, whether the relevant Quoted Amount paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Babysitter.

3.REQUEST FOR NANNIES

3.1 GENERAL
  • Nannies and Helpers offers Parents the opportunity to engageNannies and Helpers to connect withlong-termand/or more bespoke Carers,such asNannies, by completing an enquiry form on the Website.
  • By engaging the assistance of Nannies and Helpers, Parent acknowledge and agree to enter into a separate agreement for such services.
3.2 DISCLAIMER AND WARRANTIES
  • Nannies and Helpers’ Services are introductory in nature and Nannies and Helpers will not have any liability to the Parent for any acts or omissions of the Nanny, whether occurring before or after their engagement with the Parent.
  • To the maximum extent permitted by applicable law, all express or implied representations and warranties (including in relation to the Nannies’ fitness for a particular role, their qualifications or otherwise) not expressly stated are excluded.
  • Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Parent may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the services provided by the Nannies and Helpers.

4.INDEPENDENCE OF CARERS

You acknowledge and agree that:

  • the Platform provides links and introductions to Carers that are independent and not under the control of Nannies and Helpers;
  • the provision by Nannies and Helpers of introductions to Carers does not imply any endorsement or recommendation by Nannies and Helpers of any Carer;
  • Nannies and Helpers does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Carer who uses or is listed on the Platform; and
  • any terms and conditions relating to a Profile or quote provided via the Platform constitute a contract between you and the Carer once agreed in accordance with clause 1 and do not involve Nannies and Helpers in any way.

5.COMMUNICATION OUTSIDE THE PLATFORM

  • You must not communicate with a Carer, or request or entice a Carer to communicate with you, outside the Platform (except in the course of accepting Carer services that were agreed in a Profile or Service Request).
  • Nannies and Helpers, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 5.

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