BABYSITTERS NOW – TERMS AND CONDITIONS
Itchyfoot Pty Ltd (ABN 13 154 572 577) trading as Babysitters Now (referred to as BABYSITTERS NOW, we, our 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 (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. Please read the Terms carefully. Please contact us if you have any questions. You can contact us at firstname.lastname@example.org.
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. IN PARTICULAR, DUE TO LEGAL REQUIREMENTS IN TASMANIA, YOU MAY NOT REGISTER ON THE SITE IF YOU INTEND TO OFFER OR RECEIVE CARER SERVICES IN THAT STATE.
1. Introductory Service Only
(a) The Site and Services provide 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, containing the rate they will pay to Carers (Ads).
(b) Carers may create a profile as per information requested on the Site, which can be viewed by users of the Site (Profile), they may respond to Ads, and they may create advertisements advertising Carer Services and their rates (Carer Ads).
(c) Parents can view Profiles, and Users can contact each other via the Site to make arrangements with each other.
(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 and BABYSITTERS NOW does not facilitate payments from Parents to Carers.
(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 provide 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 and BABYSITTERS NOW is not a party to the arrangement.
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 contract for sale, and that you are eighteen (18) years or older or if younger than eighteen (18) years you have the approval of your parent or guardian, and you must be no younger than fifteen (15) years. If this is not correct, or if you do not agree to the Terms, you are not permitted to use any of 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 on the Site including a Profile (Account).
(c) Basic information is required when registering on our Site as a Parent or Carer. Both Parents and Carers are required to provide certain information including name, email address, and postal address. If a Carer aged between fifteen (15) and seventeen (17) wishes to register, the Carer’s guardian must input a valid credit card entry, solely for security purposes even if the Carer does not intend to use our paid Services.
(d) Each User 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.
(e) To keep your information secure and confidential, we encourage you to, and provide you with the option to change your password regularly.
(f) 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.
(g) Accounts may not be transferred or assigned to another individual.
(h) You will immediately notify BABYSITTERS NOW of any unauthorized use of your Account.
6. Upgrades and Payments
(a) It is free to register an Account on the Site, for Parents to create Ads, for Carers to create Carer Ads, or for other users to review content on the Site.
(b) Users may choose to upgrade to either a featured upgrade (Featured Upgrade) or premium upgrade (Premium Upgrade), including upgrading from Featured Upgrade to Premium Upgrade, for a particular time period specified on the Site (Upgrade), by paying the fees set out on the Site (Upgrade Fees).
(c) A Featured Upgrade promotes Ads and Carer Ads, by highlighting them and listing them at the top of the relevant section, including sorting them by the location of the User conducting the search, and by highlighting them on map searches and map pin lists.
(d) A Premium Upgrade includes functionalities aimed to increase visibility and enquiry rate, extra features for Profile pages, and includes the SMS Service (defined below).
(e) Just prior to an Upgrade expiring, Users will receive an email prompting them to consider renewing their Upgrade.
(f) BABYSITTERS NOW offers a service which allows Users to send SMS messages (Messages) as required (SMS Service), to other Users who use the SMS Service. To use our SMS Service, Users will need to purchase credits (SMS Credits) for the fee set out on the Site. One SMS Credit entitles a User to send one Message. Your Account will display the balance of your SMS Credits at all times. As a Premium Upgrade includes the SMS Service, sending a Message to a Premium Upgrade User will not require the use of SMS Credits.
(g) No Services will be made available or provided to you until payment has been processed. Payment for Services includes payments for Upgrades, Identity Checks (defined below), and the SMS Service.
(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 but our third party payment processer will store your details so that you can make future payments for Services.
(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.
(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 and Profiles
(a) Carers must be:
(i) eighteen (18) years or older, or if between fifteen (15) and seventeen (17) years, must have the approval of their guardian;
(ii) legally able to work in Australia; and
(iii) fit for work with or around children.
(b) Carers agree to provide accurate, current and complete information during the registration process, and to update such information to keep it accurate, current and complete.
(c) Each Carer represents and warrants that any content that they provide and any Profile that they create:
(i) will not breach any agreements they 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 in their local area and country; and
(iii) will not conflict with the rights of third parties.
(d) Each Carer acknowledges and agrees that he or she is responsible for their Profile and Carer Ads and that their Profile and Carer Ads can be viewed by the general public.
(e) We assume no responsibility for a Carer’s compliance with any applicable laws, rules and regulations.
(f) BABYSITTERS NOW does not provide any form of insurance. Carers are to make their own arrangements to ensure that adequate insurance coverage is effected and maintained in relation to the services that they provide via the Services.
(g) 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 for whom they are organising Carer Services.
(b) Each Parent represents and warrants that any content they provide and any Profile they create:
(i) will not breach any agreements they 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 in their local area and country; and
(iii) will not conflict with the rights of third parties.
(c) 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.
(d) We assume no responsibility for a Parent’s compliance with any applicable laws, rules and regulations.
(e) 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 services that they purchase via the Services.
(f) 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.
9. Reviews and Ratings
(a) After Carer Services have been provided, Parents may provide a review and/or rating for a Carer and a Carer may provide a review and/or rating for a Parent (Reviews and/or Ratings). A User may publish one response to a Review and/or Rating they receive (Response).
(b) A Review and Rating cannot be posted if the Carer Service did not take place due to cancellation by either the Carer or the Parent. BABYSITTERS NOW may delete any such Reviews or Ratings.
(c) Reviews and Ratings and any associated Responses will be made public and published on a Carer’s profile or a Parent’s Ad. Users are unable to remove a Review, Rating or Response about them even if they disagree with the content.
(d) Reviews and Ratings can be edited by a User for 3 weeks after the Review or Rating is posted, but after this time they may not be edited or deleted by the User who created the Review .
(e) Users must provide true, fair and accurate information in their Reviews and Ratings and any associated Responses. Reviews, Ratings and Responses reflect the opinions of individual Users and do not reflect the opinion of BABYSITTERS NOW.
(f) If, in our reasonable assessment, a Review, Rating or Response is untrue, unfair, inaccurate, offensive or inappropriate, BABYSITTERS NOW may delete the Review, Rating, or Responses. BABYSITTERS NOW does not undertake to screen each Review, Rating or Response. BABYSITTERS NOW has no responsibility or liability for Reviews, Ratings or Responses, to the extent permissible by law.
10. Cancellation and Termination
(a) Accounts may be cancelled by a User by contacting us at email@example.com.
(b) To the extent permitted by law, no refunds will be made upon cancellation or termination of your Account.
(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
To the maximum extent permitted by law, any fees for the Services, including Upgrade Fees, Identity Checks, and SMS Services, are non-refundable, and there will be no refunds for any downgrade, unused Upgrade or unused Account. Downgrading may result in the loss of content, features or capacity of your Account. BABYSITTERS NOW does not accept any liability for any losses or damage that may arise in such cases.
12. Identity Verification
(a) We may offer Users the option of verifying their identification and/or validating their Account using our third party ID verification service, currently Trulioo (ID Verification Service Provider).
(b) Users must pay the fee set out on the Site to use the third party ID verification service.
(c) Where the User has elected to have their identification verified in this manner, the User acknowledges and agrees that:
(i) We may contact, connect to or otherwise liaise with the ID Verification Service Provider to validate the User’s identification and information (Identity Check); and
(ii) the User must provide the ID Verification Service Provider with personal information, such as their driver’s licence, Medicare card, address, passport and/or their visa to enter Australia and the User consents to the use of such information for the purpose of the ID Verification Service Provider performing an Identity Check.
(d) Following a successful Identity Check, the User acknowledges and agrees that:
(i) we may permit the User to use verification signs or badges in connection with their Account to indicate that a successful Identity Check has been performed (Verification Badge); and
(ii) the Verification Badge will be displayed on the Account.
(e) All Users acknowledge and agree that, to the extent permitted by law:
(i) the Identity Check and the issuance of a Verification Badge may not be fully accurate, as they are dependent on a User’s information and/or checks performed by the ID Verification Service Provider;
(ii) Users should not rely on the Identity Checks or the Verification Badges, and Users should make their own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any other Users;
(iii) we make no warranties, representations or guarantees of any kind, whether express or implied, or whether under these Terms, under statute or on any other basis, in relation to or connected with:
(A) the accuracy, legitimacy, validity, credibility or authenticity of any Users;
(B) the performance of any Identity Check; or
(C) the issuance of any Verification Badge; and
(iv) we accept no responsibility and exclude all liability arising from, or connected with, the Identity Checks or the Verification Badges, or any use of or reliance on Identity Checks or Verification Badges.
13. Consumer Guarantees
(a) Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Consumer 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 Parents, Ads, Carers, Carer Ads, Carer Services, Reviews, Messages or any testimonials. We have no responsibility and no liability for any Ads, Carer Ads or Carers Services, or the actions of any Parent or Carer.
14. 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 our 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 (Intellectual Property).
(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 Third Party Mark holder.
(f) Users of the Site do not obtain any interest or licence 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.
15. 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.
16. User Licence
(a) Subject to these Terms, BABYSITTERS NOW grants the User a personal, non-exclusive, non-transferable, limited and revocable licence 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 Licence), 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 them in accordance with these Terms.
(c) This Agreement and User Licence 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.
17. 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 of our fees, or fees related to the provision of the Services, including the Upgrade Fees;
(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) collect or attempt to collect the information of other Users of the Site including usernames and passwords;
(s) participate in a denial-of-service attack against this Site or Services;
(t) engage in any screen scraping or data acquisition and consolidation; or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
18. 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 are 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 or 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.
20. 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 licence to use the User Content, with the right to sublicense, 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 licence is available to BABYSITTERS NOW only, and Users may not use, duplicate, modify, distribute, or reproduce other Users’ User Content 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, licences, 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 reserve the right to monitor all User Content and communication between Users.
21. 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. We make available Identity Checks to Carers through our ID Verification Service Provider, but otherwise 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. Qualification icons are applied to the profiles of Carers’ who have paid for a Premium Upgrade when they tick the qualification check-box for their Carer Ad.
(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, we 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 to attempt 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 recommend that all Parents and Carers using our Site and Services seek their own advice in relation to these matters.
(j) Each User 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 Consumer 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 take 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;
(iv) We take no responsibility for any result of purchasing an Upgrade, including that they will result in increased traffic to your Ad or Carer Ad, or increased communication with you, or result in the provision of Carer Services; and
(v) 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.
23. 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 agree to defend, 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 licences 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: (02) 6622 5503 | +61 458 461 460
Last update: 17 October 2019
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