TERMS OF USE FOR BABYSITTERS AND PARENTS

These terms and conditions apply to the use of this website and our Services. We may modify and update these terms and conditions at any time. In using our website and Services, you agree to be bound by these terms and conditions (“Terms”) as well as any and all general terms and conditions and the privacy policy posted on this site. If you do not accept these Terms you must refrain from using the website.

Definitions

“Babysitter” means any babysitter that passes our application process and registers online to offer their availability for babysitting service jobs through our website.

“Content” means any content a babysitter posts on our website including any and all material, links, words and images.

“Fee” means the fee payable by a parent to us for providing the services.

“Job” means any job, task, booking for a babysitter that a parent or guardian may make for a babysitting session for their child or children using the Service on the website.

“Parent” means any and all parents and guardians of children that pass our application process and register online and so can book babysitters through our online booking system for jobs.

“Services” means an online babysitting booking service whereby babysitters can advertise their services and rates, and parents can book babysitters for jobs.

“User/ You” means all visitors to our website, including all babysitters and parents.

“website” means www.leorababycentre.vic.edu.au

“We, us, our” means Happy Toddlers Pty Ltd [ ACN 976 414 994 ] including directors, employees, contractors.

HOW IT WORKS

We are a facilitator for the purposes of assisting parents to find a Babysitter and for a Babysitter to find jobs. Babysitters apply for membership, and once accepted may advertise their services on our website.

Parents must also apply for membership, and may use our online booking service to book babysitters for jobs. Parents pay us a fee for using our service.

Please note: the babysitting services are for minor children only. We are unable to offer babysitting services for adults or children with special needs at this point.

MEMBERSHIP

You must become a member and register in order to gain access to our services. You agree to make sure that your registration details are accurate, up to date and that you keep your user name and password private at all times.

Parents who are members of Leora Baby Centre authorise us to access their children’s information to assist us in providing the services. If you are not a member of Leora Baby Centre we require you to pass an application process. We will interview you and will require copies of your driver’s licence and information about your children. We may also perform police record checks and other reference checks on you at our discretion. Once you pass our application process, you are approved to use our online booking system to book babysitting jobs.

Babysitters must also pass an application process. You need to fill in an application form which requests some personal information, medical history and experience. We then interview you and take your photo. We may perform police record checks, working with children checks, and any other reference checks at our discretion. You may also be required to perform an unpaid knowledge and skills test in order for us to validate your experience and skills. Once you pass our application process you may post content online about your services and rates.

We have application processes to try to promote a safe process for both the Babysitter and the Parents and their children but please be aware that we are only providing a Service for Parents and Babysitters and cannot warrant that all checks have been completed nor that issues may not arise. We are not responsible for any loss, injury, harm, damage, at any time whether direct, indirect or consequential that may arise as a result of your use of our Services. Whilst we have done our best to ensure there is a safe process and appropriate checks have been completed, you need to make your own enquiries, do your own due diligence to ensure our Services are suitable for you and you use our Services at your own risk.

PAYMENT, REFUND AND CANCELLATION

Parents agree to pay our booking fee for any Babysitter whose services are advertised on our website. If the Babysitter is replaced with another Babysitter, you will only remain liable for one fee for a job. If you cancel a job, as we have booked in the babysitter for this period, we do not offer a refund. If we cancel the job for any reason, you will receive a full refund.

If the Babysitter is booked for your job but subsequently becomes unavailable, and we are unable to find a replacement, we will refund your payment less the credit card fee of two $2 dollars.

Any changes to any specific Babysitter that you may request is on a best efforts basis only. We cannot guarantee any particular Babysitter at any time or that they may be available.

All payments for the jobs are between babysitters and parents, are to be made directly at the time of the job to the Babysitter and we are not to be involved. The payments should have regard to the Babysitter’s age and experience, how long they are babysitting, how often, and when the care is needed (you may agree a higher rate for holidays and evenings), and you must agree on a late fee rate in advance.

TERMS OF USE

The Babysitter warrants and agrees that:

  • all content you post on our site is true, accurate, reliable, up to date, lawful, not misleading nor in breach of any Terms;
  • you are over the age of 16 years;
  • you have the right to and title to the content, and have the right to present and publish it;
  • you are not breaching any laws or third party rights, including intellectual property rights by posting the content;
  • you will be prompt to all jobs, courteous to all parents, perform all jobs to the best of your ability; and
  • you will not disparage our reputation

The Babysitter acknowledges and agrees that:

  • we cannot guarantee you will find a job or suitable jobs, and we do not guarantee a minimum number of jobs;
  • you are an independent contractor, and at no time are an employee of ours;
  • you will be suitably prepared, on time, appropriately attired and available for any job you have committed or agreed to take;
  • any agreement for payment and timing is done directly with the Parents-we are not to be involved at any time; and
  • we are not liable for any parents or their childrens’ behaviour, household activities, or actions or inactions of any parents at any time.

The Parents warrant and agree that:

  • you will only contact Babysitters for jobs that actually exist and you must not contact a Babysitter for any other purpose;
  • you will not use this website or Service for any illegal, immoral or purpose that is not intended by this website;
  • you will clearly indicate and describe the job, including indicating the following;
  • the date and times the Babysitter is required and how many children the Babysitter will be responsible for. Any change to this must be agreed with the Babysitter prior to engaging them;
  • you will adequately prepare the Babysitter, including ensuring they have the following details:
    • information about routines/ feeding including what the children can and can’t eat/ sleeping times/ bathing;
    • information about health issues/ medications/ safety;
    • guidelines for discipline/what can’t the children do;
    • information about where things are (ie wipes, nappies, comforters and toys);
    • any house rules such as phone, internet usage, snacks, cooking etc; and
    • where you will be, what to do and who to contact in the event of an emergency.
  • you will provide a safe working environment for the Babysitter;
  • you will have the relevant insurances in place to protect the Babysitter’s wellbeing;
  • you will be prepared, on time and alert to check with the babysitter if you are going to be later than originally agreed; and
  • you will at no time disparage our reputation or that of any Babysitter.

Parents acknowledge and agree that:

  • we do not make any representations regarding any of the babysitters;
  • whilst we do perform background checks including police and reference checks, we perform them at our discretion, and we cannot warrant nor make any representations as to the suitability, capability, experience, integrity, availability, health or anything related to any babysitter;
  • we cannot guarantee that any job you have will be filled or responded to by Babysitters; and
  • we are not liable for any Babysitters behaviour, actions or inactions of any kind at any time.

WE ARE A FACILITATOR ONLY

We are a facilitator only for the purposes of assisting parents to find a babysitter. We do not act in any other capacity and are not affiliated with any parents or babysitters in any manner nor do we recommend one babysitter over another. We cannot guarantee that Babysitters will be contacted for jobs, and we do not guarantee that Parents will find a suitable Babysitter.

Parents must independently verify the experience of a Babysitter and make their own assessment of the suitability of any Babysitter for a job. Babysitters must independently verify and make their own assessment of any job offered by a Parent.

COMPLAINTS AND DISPUTES

The agreement Parents and the Babysitter reach concerning timing for the job, payment, any additional expectations or requirements for the job is an agreement between themselves, including all agreements for payment of the babysitting services, transport, meals, late fees, and all other details regarding the job. We are a facilitator only and are not responsible for the agreement between users, and we are not to be involved in any disputes.

In the event any Parent or Babysitter has a complaint, concern or issue, we invite you to contact us so we may choose to investigate but we are at no time to be involved in any dispute.

In the event we receive a number of complaints about any Parent or Babysitter, we may, in our sole discretion, choose to cancel or ban any party from using our Services. We do not need to provide any reason, warning or refund in the event of any decision to ban or cancel the access to our Services and website.

TERMINATION OF ACCOUNT

WE MAY TERMINATE YOUR ACCOUNT AT ANY TIME: We have the right to terminate your membership for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website and services with or without notice and for any reason, including, without limitation, breach of these Terms, or if we receive complaints about you. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the website and services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your membership account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

WEBSITE USE

We make no warranty that the website will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period.

You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

LIMITATION OF LIABILITY

You agree that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from:

  • your use of the services, the use of our website or inability to use the website, or any information contained on the website or linked to it;
  • your use of the content or reliance on any content;
  • any act or omission of any other user you engage under any contract of service or contract for services.

For the sake of clarity as to the extent of this limitation of liability, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind, including any damages for loss of or damage to reputation, loss of data or your incurring legal and other professional fees and expenses, even if the possibility of such damages or loss was made known to us.

ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the services will be provided with due care and skill and fitness for a particular purpose.

When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

  • The supply of any services again; or
  • The payment of the cost of having any services supplied again.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

INDEMNITY

You agree to indemnify us from an against any and all claims including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from:

  • your breach of our Terms;
  • content you may provide to our website;
  • any activity you may engage in through our website or use of our website or Services; or
  • unauthorised use of our website by you or anyone obtaining use of your registration name and password any claim by any other user as a result of your actions or inaction.

For the avoidance of doubt, the losses and damages include but are not limited to any personal injury, property damage and death.

We are not responsible for the inability at any time to access our website or its content, including whether our website will be free of viruses. You shall have no recourse against us for any alleged or actual infringement of any proprietary rights for anything you post on our website.

PRIVACY

We, at all times, abide by the Australian Privacy legislation. Please refer to our full Privacy Policy on our website for details of how we collect, store and use your personal information.

Once you have contacted another user and provided any details directly to them, we are not responsible for privacy issues which can arise including but not limited to distribution of your email address or other details by any other user. However, we will maintain the security of the details provided to their site directly and will keep privacy of all users maintained in accordance with the Privacy Policy posted on the website.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any content, services or the website. In particular, if we believe the content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are our registered trademarks, copyright, trade or service marks.

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or anything you access through our services.

You agree and acknowledge that we retain all right, title and interest in the services, including but not limited to the intellectual property rights contained or embodied within the services.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

GOVERNING LAW

These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the courts of Victoria for determining any dispute concerning these Terms.

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