BABYSITTERS NOW – TERMS AND CONDITIONS
Itchyfoot Pty Ltd (ABN 13 154 572 577) trading as Babysitters Now (referred to as BABYSITTERS NOW, we or us) provides an online introductory service between any parents who require assistance with children or domestic chores (Parents) and individuals who provide services as a carer, nanny, au pair, babysitter, or helper including those who are aged 15, 16 and 17 years of age (Junior Carer) (collectively, Carers), to offer the opportunity for Parents to source a Carer (collectively, the Services). The Services are available on our website which is accessible at www.babysittersnow.com.au (Site).
These Terms and Conditions (Terms) form a binding legal agreement between BABYSITTERS NOW, its directors, officers, employees, successors and assignees, and each person, organisation or entity using our Services (you, your or User). By using the Site and Services, you agree to comply with and be legally bound by these Terms and Conditions. Please read the Terms carefully. Please CONTACT US if you have any questions.
We may provide the Services to you using our employees, contractors and third party providers and they are included in these Terms.
LEGAL REQUIREMENTS IN RELATION TO CHILD CARE SERVICES MAY BE DIFFERENT IN EACH STATE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE LEGALITY AND APPROPRIATENESS OF USING THIS WEBSITE IN YOUR OWN LEGAL JURISDICTION.
1. Introductory Service Only
(a) The Site and Services provides an introductory service only for Parents and Carers through which Parents will be able to:
i. contact Carers and request their services (Carer Services); and
ii. create advertisements seeking Carer Services (Ads).
(b) Carers may create a profile as per information requested on the Site (Profile).
(c) Parents can view these Profiles, and contact Carers via the Site to make arrangements with the Carers.
(d) You understand and agree that the Site is an online introductory platform only. BABYSITTERS NOW’s responsibilities are limited to facilitating the availability of the Site and Services.
(e) BABYSITTERS NOW is not a party to any agreement entered into between a Parent and Carer. BABYSITTERS NOW is not a referrer or booking agent, and provides no such related services. We have no control over the conduct of Parents, Carers and Users of the Site and Services. We disclaim all liability in this regard, as set out in the Terms.
(f) Any arrangement between a Parent and Carer is solely between the Parent and Carer. It is strictly and expressly not part of your agreement with BABYSITTERS NOW.
Your use of our Site and our Services indicates that you have had sufficient opportunity to access the Terms and contact us, that you have read, accepted and will comply with the Terms, that you have legal capacity to enter into a legally binding contract, and that you are eighteen (18) years or older. If this is not correct, or if you do not agree to the Terms, you are not permitted to use our Services. For Junior Carers: Your use of our Site and our Services indicates that both you and your parent or guardian have had sufficient opportunity to access the Terms and contact us, that both you and your parent or guardian have read, accepted and will comply with the Terms, and that both you and your parent or guardian have legal capacity to enter into a legally binding contract. If this is not correct, or if you do not agree to the Terms, you are not permitted to use our Services.
These Terms may be amended from time to time, without prior notice. Your use of our Services following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms, before continuing your use of our Services. Our agents, employees and third parties do not have authority to change the Terms.
5. Online Registration
(a) Registration on our Site is limited to individuals only. Businesses and organisations are not permitted to register as either a Parent or a Carer.
(b) Each person may have one (1) account as a Parent and one (1) account as a Carer and multiple accounts as a Guardian for a Junior Carer (Guardian).
(c) Basic information is required when registering on our Site as a Parent, Carer or Guardian, including name and email address. Junior Carers are also required to provide the name, phone number and email address of a parent or Guardian.
(d) Junior Carers are required to have their Account approved by a parent or guardian (Guardian). Request for approval will be sent to the email address of the guardian provided when the Junior Carer registers on our Site. The Guardian will be required to click on the link provided in the email and confirm their approval of the Junior Carer Account, their registration as a Guardian member and their acceptance of these Terms. BABYSITTERS NOW will not activate a Junior Carer’s Accounts without confirmation of approval.
(e) The Guardian of a Junior Carer will be provided with their own log in details to access the Junior Carer’s Account. The Guardian’s access will be restricted to setting the maximum travel distance for Babysitting jobs, and editing the Junior Carer's base location. Otherwise, the Guardian will have read-only access to the whole of the Junior Carer's account, and will receive copies of message notification emails for any first contacts, or all messages if requested, from other parents on the site.
(f) Each Junior Carer Account will change to a Carer Account when the Junior Carer reaches 18 years of age, upon confirmation by the Junior Carer.
(g) Each Parent and Carer agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. BABYSITTERS NOW reserves the right to suspend or terminate your Account and your access to the Site and Services if any information provided to us, including for the Site, proves to be inaccurate, not current or incomplete.
(h) To keep your information secure and confidential, we provide you with the option to change your password regularly, and you are encouraged to change your password at regular intervals.
(i) It is your responsibility to keep your Account details and password confidential. You are liable for all activity on your Account, including purchases made using your account details. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.
(j) Accounts may not be transferred or assigned to another individual.
(k) You will immediately notify BABYSITTERS NOW of any unauthorised use of your Account.
(a) There are fees payable for registration and Services (Fees) which are set out on our Site. Parents and Carers will obtain a membership (Membership) once the registration process has been completed.
(b) Parents who register on our Site will receive lifetime Membership to our Site for free.
(c) Carers who register on our Site for a Membership will be required to pay, in advance, a single fee for lifetime membership, for their Profiles to be shown on our Site.
(d) BABYSITTERS NOW offers a service which allows Users to send SMS messages (Messages) to other Users as required (SMS Service). To use our SMS Service, Users will need to purchase credits (SMS Credits). These SMS Credits will not expire for the duration of the Membership but any used SMS Credits will expire immediately if a Membership is, for any reason, terminated. Your Account will display the balance of your SMS Credits at all times. Junior Carers will not have access to the SMS Service and will not be able to purchase SMS Credits.
(e) From time to time, BABYSITTERS NOW may offer free memberships. In such cases, these Terms will still apply as relevant.
(f) You agree to pay the relevant fees, in the currency specified on the Site, at the time that you become a Parent or Carer on our Site and seek our Services.
(g) No Services will be made available or provided to you until payment has been processed.
(h) Goods and Services Tax (GST) will be charged where applicable.
(i) You may pay for the Services by the payment methods available on the Site. Payments made through third parties, such as PayPal or eWay, are subject to their terms and conditions.
(j) BABYSITTERS NOW does not store any credit card information.
(k) Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.
(l) In the absence of fraud or mistake, all payments made are final and you shall not have the right to cancel your purchase for any reason and further you agree to satisfy all such payments made, with exception to action taken under our Refund Policy set out in these Terms.
(m) If you make a payment by debit or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the purchase price.
(n) Our pricing structure or payment methods may be amended from time to time in our sole discretion.
7. Carers, Junior Carers and Profiles
(a) Carers must be:
i. eighteen (18) years or older;
ii. legally able to work in Australia; and
iii. fit for work with or around children.
(b) Junior Carers must be:
i. fifteen (15) to seventeen (17) years old;
ii. legally able to work in Australia; and
iii. fit for work with or around children.
(c) Carers are able to:
i. create Profiles which can be viewed by all Users of the Site;
ii. respond to Ads posted by Parents;
iii. communicate with Parents through the internal messaging system available on the Site; and
iv. provide reviews on Parents and Ads.
(d) Junior Carers are able to:
i. Create Profiles;
ii. respond to Ads posted by Parents;
iii. communicate with Parents through the internal messaging system available on the Site; and
iv. provide reviews on Parents and Ads.
(e) You agree to provide accurate, current and complete information during the registration process, and to update your information to keep it accurate, current and complete.
(f) If a Parent requests Carer Services, any agreement entered into is between the Parent and Carer. We are not a party to the agreement.
(g) Each Carer represents and warrants that any content that they provide and any Profile that they post:
i. will not breach any agreements you have entered into with any third parties;
ii. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Carer in your local area and country; and
iii. will not conflict with the rights of third parties.
(h) Each Carer acknowledges and agrees that he or she is responsible for their Profile and that their Profiles can be viewed by the general public.
(i) Each Junior Carer acknowledges and agrees that he or she is responsible for their Profile and that their Profiles can be viewed on the Site.
(j) We assume no responsibility for a Carer’s compliance with any applicable laws, rules and regulations. BABYSITTERS NOW will endeavour to monitor any suspicious usage of the Site, by Parents, Carers, Junior Carers, Users and other third parties. This includes, but is not limited to, the following:
i. monitoring Parents who only contact Junior Carers for Services; and
ii. monitoring Parents who attempt to contact Junior Carers outside of their locality.
(k) BABYSITTERS NOW does not provide any form of insurance. Carers and Junior Carers are to make their own arrangements to ensure that adequate insurance coverage is effected and maintained in relation to the products and services that they provide via the Services.
(l) We reserve the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that BABYSITTERS NOW, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
8. Parents and Ads
(a) Parents using our Services must be the legal guardians for the children that they are organising Carer Services for.
(b) Parents may only use our Services to organise Carer Services for children under the age of 18.
(c) Parents are able to:
i. access the Site to post Ads;
ii. use the Site to find Carers and Carer Services;
iii. view Profiles of Carers;
iv. communicate with Carers through the internal messaging system available on the Site; communicate with Junior Carers if they are within the maximum distance set in the Junior Carer's account; and
v. provide reviews on Carers and Carer Services.
(d) If a Parent requests Carer Services, any agreement entered into is between the Parent and Carer. We are not a party to the agreement.
(e) Each Parent represents and warrants that any content that they provide and any Profile that they post:
i. will not breach any agreements you have entered into with any third parties;
ii. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Parent in your local area and country; and
iii. will not conflict with the rights of third parties.
(f) Each Parent acknowledges and agrees that he or she is responsible for their Ads and that their Ads and related information can be viewed by the general public.
(g) We assume no responsibility for a Parent’s compliance with any applicable laws, rules and regulations.
(h) BABYSITTERS NOW does not provide any form of insurance. Parents are to make their own arrangements to ensure that adequate insurance coverage is effected and maintained in relation to the products and services that they provide via the Services.
(i) We reserve the right, at any time and without prior notice, to remove any Ads for any reason, including Ads that BABYSITTERS NOW, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
(a) After Carer Services have been provided, Parents and Carers will be able to provide an endorsement of each other (Endorsement).
(b) Endorsements can be checked by the recipient of the Endorsement (Recipient) in the Recipient’s Account. The Recipient can decide whether or not to publish the Endorsement on their Account. The Recipient may also delete any Endorsements.
(c) Endorsements cannot be edited or deleted by the User who created the Endorsement (Endorser) after the Endorsement has been sent. To amend an Endorsement, the Endorsement needs to be deleted by the Recipient, and the Endorser can then create a new Endorsement.
(d) Once an Endorsement is published, the Endorsement is viewable by the public and will remain viewable for as long as the Parent or Carer has an active Account and/or Profile.
(e) You must provide true, fair and accurate information when you provide an Endorsement.
(f) BABYSITTERS NOW can delete or amend an Endorsement at any time.
(g) If you consider that an Endorsement about you is untrue, unfair or inaccurate, please contact us.
(h) BABYSITTERS NOW does not undertake to review each Endorsement. BABYSITTERS NOW has no responsibility or liability for Endorsements, to the extent permissible by law.
10. Cancellation and Termination
(a) Accounts may be cancelled by a User by contacting us though the contact page on the site.
(b) No refunds will be made upon cancellation or termination of your Account except for SMS Credits.
(c) We may, in our sole discretion, immediately suspend or terminate your Account and access to our Site and Services if:
i. we are unable to verify or authenticate any information that you have submitted to the Site; or
ii. there are allegations against a Parent or Carer, including, but not limited to, theft, property damage, inappropriate behaviour, negligence, or other acts or omissions which would bring the Site or Services into disrepute.
11. Refund Policy
(a) Refunds are only available for SMS Credits. Users may obtain a refund within fourteen (14) days of purchasing SMS Credits if no SMS Credits have been used. If any SMS Credits have been used, there will be no refund. To request a refund, Users must contact us using the contact page on the site.
(b) Members are not entitled to a refund for any payments other than SMS Credits. Parents are entitled to refunds in accordance with the Australian Consumer Law, but are not otherwise entitled to a refund if they fail to find a Carer or appropriate Carer Services via the Site, likewise, Carers are not entitled to any refunds if they are unable to obtain any offers for their Carer Services.
12. Consumer Guarantees
(a) Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
(b) If you are a consumer as defined in the ACL, the following notice applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
(c) We do not provide the Parent, Ads, Carers, Carer Services, Reviews, Messages or any testimonials. We have no responsibility and no liability for any Ads or Carers Services, or the actions of any Parent or Carer.
13. Copyright and Intellectual Property
(a) Our Site contains material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Site (Collective Content). BABYSITTERS NOW and all material used in connection with the Site are unregistered or registered trademarks of BABYSITTERS NOW.
(b) Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to BABYSITTERS NOW (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business; trade, business company or organisation names; internet domain names; and Site content, images and layout.
(c) You agree that, as between you and us, we own all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the copyright which subsists in all creative and literary works displayed in the Site and Services. The Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by BABYSITTERS NOW or the owner of the content.
(d) Other trademarks, service marks, graphics and logos used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
(e) Our Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of BABYSITTERS NOW or the applicable trademark holder.
(f) Users of the Site do not obtain any interest or license in the Intellectual Property or Third Party Marks without the prior written permission of BABYSITTERS NOW or the applicable trademark holder. Parents and Carers may not do anything which interferes with or breaches the Intellectual Property rights.
14. Your Copyright Work
(a) If you believe that your copyrighted work has been uploaded to this Site and is accessible on this Site in a way that constitutes copyright infringement, please notify us by providing us with the following information:
i. the physical or electronic signature of either the copyright owner or of a person authorised to act on the owner's behalf;
ii. a description of the copyrighted work you claim has been infringed and the infringement activity;
iii. identification of the URL or other specific location on this Site where the material or activity you claim to be infringing is located or is occurring (you must include enough information to allow us to locate the material or the activity);
iv. your name, telephone number, email and address;
v. a statement by you that you have reason to believe that use on this Site of the copyrighted work in the manner you are complaining of is not authorised by the copyright owner, any agent of the copyright owner, or the law; and
vi. a statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorised to act on behalf of the copyright owner.
15. User License
(a) Subject to these Terms, BABYSITTERS NOW grants the User a personal, non-exclusive, non- transferable, limited and revocable license to use the Site and Services for your own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the Parent or Carer as permitted in accordance with these Terms (User License), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without our prior written consent.
(b) The right to use the Site and Services is licensed to you and are not being sold to you. You have no rights in the Site and Services other than to use it in accordance with these Terms.
(c) This Agreement and User License governs any updates to, or supplements or replacements for, the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
16. Permitted and Prohibited Conduct
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site and Services. In connection with your use of our Site and Services, you may not and you agree that you will not:
(a) use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
(b) register for more than one (1) Account as a Parent and one (1) Account as a Carer or register for an Account on behalf of an individual other than yourself;
(c) use the Services to find a Carer and then assist another individual to complete, a booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to BABYSITTERS NOW provision of the Services;
(d) submit any false or misleading information;
(e) as a Carer, offer any Carer Services that you do not intend to honour or cannot provide;
(f) as a Parent, make any offers, through the Ads or other forms of communication, to the Carers that you do not intend to honour or cannot provide;
(g) as a Parent, contact any Carers for any purpose that is not related to a Profile or Carer Service;
(h) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
(i) copy, store or otherwise access any information contained on the Site and Services or Content for purposes not expressly permitted by these Terms;
(j) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(k) use or attempt to use any engines, software, tools, or other mechanisms (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the commonly recognised search engine and agents, and other than generally available third party web browsers;
(l) attempt to decipher, decompile, disassemble or reverse engineer any of the code or software comprising in or in any way making up a part of the Site and/or Services;
(m) use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(n) use our Site or Services in connection with the distribution of unsolicited commercial email,
i.e. spam or advertisements;
(o) perform any acts which will interfere with the proper working of the Site or Services;
(p) stalk or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Parent or Carer;
(q) use, display, mirror or frame the Site, or any individual element within the Site, Services, BABYSITTERS NOW’s name, any BABYSITTERS NOW trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without BABYSITTERS NOW’s express written consent;
(r) collecting or attempting to collect the information of other Users of the Site including usernames and passwords;
(s) participating in a denial-of-service attack against this Site or Services;
(t) engaging in any screen scraping or data acquisition and consolidation; or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
17. Site Security Rules
(a) Users are prohibited from violating or attempting to violate the security of the Site and Services, including, without limitation:
i. accessing data not intended for such User or logging into a server or Account which the User is not authorised to access;
ii. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
iii. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or
iv. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(b) Violations of network security may result in civil or criminal liability. BABYSITTERS NOW will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of BABYSITTERS NOW and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Collective Content.
You must not post, upload, publish, submit or transmit any content that:
(a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(b) is fraudulent, false, misleading or deceptive;
(c) denigrates the Site, Services, or a Parent or Carer;
(d) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(e) is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(f) is violent or threatening or promotes violence or actions that are threatening to any other person; or
(g) promotes illegal or harmful activities or substances.
19. User Content
(a) Both Parents and Carers are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content on or through the Site and Services, you grant to BABYSITTERS NOW a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Site and Services. For the avoidance of doubt, this license is available to BABYSITTERS NOW only, and Users may not use, duplicate, modify, distribute, or reproduce User Content of other Users without specific permission from the relevant User.
(b) You consent to the use of your name and any User Content provided by you to be used by BABYSITTERS NOW in a way which may identify you.
(c) You are solely responsible for all User Content that you make available through the Site and Services. You represent and warrant that:
i. you either are the sole and exclusive owner of all User Content that you make available through the Site and Services, or that you have all rights, licenses, consents and releases that are necessary to grant to BABYSITTERS NOW the rights in such User Content, as contemplated under these Terms; and
ii. neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or BABYSITTERS NOW’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) User Content and any information provided on the Site are stored in third party services which may be located within or outside of Australia.
(e) BABYSITTERS NOW reserves the right to monitor all User Content and communication between Users.
20. User Comments
(a) We appreciate hearing from our Users and we welcome comments regarding our Site and Services. Please be advised, however, that we will not accept or consider creative ideas, suggestions, inventions or material other than those that we have specifically requested.
(b) If you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (referred to as your "Submission"), the Submission shall be the property of BABYSITTERS NOW. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. BABYSITTERS NOW shall own exclusively all now known or later discovered rights to the submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.
(a) BABYSITTERS NOW does not guarantee that Carers and Carer Services will be requested by any Parents, nor do we guarantee that Parents will be able to find desirable Carers.
(b) BABYSITTERS NOW does not endorse any Parent, Carer, Profile or Carer Services. We require Parents and Carers to confirm that they have provided accurate information. BABYSITTERS NOW does not perform any sort of background checks of Parents and Carers, and do not confirm, any Parent or Carer’s identity, Profile or Carer Services.
(c) BABYSITTERS NOW cannot and does not control the content contained in any Profiles or the condition, legality or suitability of any Carer or Carer Services. Parents are responsible for determining the identity and suitability of Carers that they contact via the Site.
(d) BABYSITTERS NOW accepts no responsibility for and makes no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.
(e) BABYSITTERS NOW is not responsible whatsoever for any deletion, correction, destruction, damage or loss of files and data. All Users are expected to have their own backup of all files and data that are transferred or uploaded to our Site.
(f) BABYSITTERS NOW disclaims any and all liability related to any and all Parents, Carers, Profiles and Carer Services. For the avoidance of doubt, BABYSITTERS NOW will not be responsible or liable for:
i. any harm, loss or damage, directly or indirectly, caused to a Parent or Carer by another Parent, Carer or User of the Site, including any damage to property or reputation; and
ii. any misuse of information of a Parent or Carer by any User of the Site.
(g) By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Parents or Carers or other third parties will be limited to a claim against the Parent or Carer or other third party who caused you harm. We encourage you to communicate directly with the relevant Parent or Carer on the Site and Services regarding any communications or arrangements made between you and to resolve any dispute between you. You acknowledge that BABYSITTERS NOW will play no role in the resolution of disputes between you and another Parent, Carer or other third party who caused you harm.
(h) To the fullest extent allowable under applicable law, we disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non- infringing or free of defects or errors.
(i) For the avoidance of doubt, BABYSITTERS NOW is not responsible for any taxation, visa or immigration matters associated under these Terms. We advise that all Parents and Carers using our Site and Services to seek their own advice in relation to these matters.
(j) Each Parent and Carer who uses the Site and the Services do so at their own risk.
(k) We exclude all express and implied conditions and warranties, except for your Rights, to the fullest extent permitted by law, including but not limited to:
i. BABYSITTERS NOW expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
ii. BABYSITTERS NOW does not warrant that the Site, the Services, content on the Site or Apps (including pictures, videos, sound clips, resumes, links etc.), or your access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components;
iii. BABYSITTERS NOW takes no responsibility for, and will not be liable for, the Site, the Services, the Parents, the Carers and Carer Services being unavailable, failing to meet the Ad or Profile description, failing to meet your needs, or of being less than merchantable quality; and
iv. BABYSITTERS NOW will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special , consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, Services, Content, inability to access or use the Site, the Services, the Profile, the Ads, the Carer Services, or the Terms, even if BABYSITTERS NOW was expressly advised of the likelihood of such loss or damage.
(l) You agree not to attempt to impose liability on, or seek any legal remedy from BABYSITTERS NOW with respect to such actions or omissions.
22. Limitation of Liability
(a) Our total liability arising out of or in connection with the Site, the Apps, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
(b) The limitations of damages set forth above are fundamental elements of the basis of the bargain between BABYSITTERS NOW and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
(c) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of BABYSITTERS NOW.
(a) You and any parent or guardian of a Junior Carer who has approved the use of the Junior Carer’s Account acknowledges and agrees to defend and indemnify and hold us (and our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to our Services; any breach by you of these Terms; any wilful, unlawful or negligent act or omission by you; and any violation by you of any applicable laws or the rights of any third party.
(b) We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defences.
(c) This defence and indemnification obligation will survive these Terms and your use of the Site or Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
(a) Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
(b) Termination: We reserve the right to refuse supply of the Services required by you, terminate your account, terminate our contract with you, and remove or edit content on our Site at our sole discretion, without incurring any liability to you.
(c) Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control.
(d) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
(e) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
(f) Assignment: You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.
(g) Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(h) Jurisdiction and Applicable Law: These Terms, your use of this Site and any dispute arising out of your use of it is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts. The Site may be accessed throughout Australia and overseas. BABYSITTERS NOW makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
(i) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and BABYSITTERS NOW, and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
For questions and notices, please contact us at:
Itchyfoot Pty Ltd (ABN 13 154 572 577) trading as BABYSITTERS NOW
PO Box 79, Lismore NSW 2480
Phone: 1300 852 753 or (02) 6621 7634
Email: Use our CONTACT FORM
Last update: March 2016
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