Terms and Conditions

To make it easier for you to understand the terms on which we provide our services, we’ve tried to keep these terms of use (Terms) as simple as possible by using plain English.

When we talk about “The Nannying Network”, “we,” “our,” or “us” in these Terms, we are referring to The Nannying Network Pty Ltd (ABN 67 690 702 473). When we talk about the “Services” in these Terms, we are referring to the Services offered by us in our Platform and any associated services we offer.

Carer means anyone including but not limited to a nanny, babysitter, or childcare service provider who provides or proposes to provide nannying, babysitting or childcare services.

Carer Services means the services provided by a Carer including nannying, babysitting or the services of looking after a child of various ages.

Childcare Centre means an entity providing childcare services (such as creches or other childcare centres), who requires the services of a Carer and intends to engage the Nannying Network to find and engage such Carers.

Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act, or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the parties at the time they entered into these Terms as the probable results of the relevant breach, act, or omission, and/or any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, and/or loss or corruption of data.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.

Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

Parent means every natural person making use of the Platform to connect with Carers for childcare services or who submits a form to request assistance in finding a Carer via the Platform.

Party or Parties means us, a User, Carer, Childcare Centre, or Parent.

Platform means the platform under which the Services are provided and includes our Website and any of our social media accounts.

Privacy Policy means our privacy policy as outlined in the Platform and available on our Website.

Services means the operation of our Platform designed to connect and facilitate communication between supply and demand in the field of childcare. This includes features that enable Childcare Centres, Parents and Carers to connect and communicate through the Platform. The Services also encompass tools such as form-filling functionalities that allow Parents to submit requests for childcare assistance and enable Carers to apply in response to those requests.

Terms means these terms and conditions and shall include, where relevant, our Privacy Policy and any Cookie Policy contained therein or separately.

User means anyone who accesses or uses the Platform, whether as a Childcare Centre, Carer, Parent, or otherwise.

Website means https://www.thenannyingnetwork.com/.

In these Terms, you means a User (as applicable), being means anyone who accesses or uses the Platform, whether as a Childcare Centre, Carer, Parent, or otherwise

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

1 INTRODUCTION

1.1 Welcome to The Nannying Network. The Platform provides services to Carers, Parents and Childcare Centres (together collectively referred to as "Users").

1.2 These Terms set out the terms and conditions that apply when you use the services.

1.3 By using the Services through the platform, or otherwise engaging with the content on the Services, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these terms

1.4 We will handle your personal information in accordance with our Privacy Policy.

1.5 In order to use the Services, you will be required to fill in a form, which may or may not involve creating an account with us.

1.6 Please have a careful read through these terms before using the Services. If you don’t agree to these terms, please don’t use the Services;

1.7 We may modify our Terms from time to time. If we do, we will post a note on the Platform or email you. If you continue to use the Services after we modify our Terms, you’ll be taken to have agreed to the Terms as modified.

1.8 By utilising the Services, you agree to also comply with any other policies that we put in place such as our Privacy Policy etc.

1.9 If any part of these Terms conflicts with mandatory legal regulations, that specific provision will not apply to the extent of the conflict. In such cases, the interpretation most favourable to The Nannying Network will take precedence, while all remaining provisions will continue to be fully valid and enforceable.

1.10 When using the platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(i) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

(ii) not post any material obtained via the Platform or in the engagement of the Services, on any social media platform or other platform without our express written consent and the consent of the party that owns such information.

(iii) using the Platform for unlawful purposes;

(iv) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);

(v) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform;

(vi) attempting to or reverse engineering the code to the Platform; or

(vii) facilitating or assisting a third party to do any of the above acts.

2 OVERVIEW

2.1 Ownership and handling of end user data

(a) The Nannying Network acknowledges and agrees that any data relating to the Childcare Centre, Carer or Parent ("End User Data") shall remain the sole and exclusive property of the party that supplied it, subject to applicable privacy laws and regulations, including but not limited to the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

(b) The Nannying Network shall take all reasonable steps to ensure compliance with all applicable privacy laws and regulations in its handling, storage, and processing of End User Data (so far as it has access to it).

(c) Upon termination or expiration of access to the Platform, the Carer shall be permitted to obtain a copy of all End User Data provided by the Carer in a format as supplied by The Nannying Network and otherwise per our Privacy Policy.

(d) Upon termination or expiration of access to the Platform, the User shall be permitted to obtain a copy of all End User Data in a format as supplied by The Nannying Network. Where such data includes data supplied by the User, the User agrees to use such data in accordance with applicable privacy laws and regulations, including but not limited to the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

(e) Access to the information shall be provided as per our Privacy Policy.

(f) You acknowledge that by supplying End User Data to us (including any photographs), that such End User Data (and photographs) may be provided to Carers and/or Parents and/or Childcare Centres but only in the provision of the Services (which may include on our social media platforms). You also acknowledge that such End User Data, once it is provided, it cannot be controlled by us and therefore we will not be responsible for any unauthorised use of the End User Data (and photographs) provided by You. We will provide any reasonable assistance in dealing with unauthorised use of End User Data.

3 PURPOSE AND ROLE OF THE PLATFORM

3.1 The Platform acts solely as a facilitator, providing a platform where Carers, Parents, and/or Childcare Centres can connect. Once the connection is facilitated our Services come to an end and any engagement therefrom shall be carried out at your own risk.

3.2 We do not:

(a) provide childcare services directly;

(b) verify qualifications, experience, or suitability of any User;

(d) participate in any agreements between Users;

(e) Reference check, meet or vet any Carer or Childcare Centre and doing so is the parents’ responsibility

(f) or accept liability for any childcare services arranged through the Platform.

3.3 Users acknowledge that:

(a) they must conduct their own due diligence before engaging with other Users;

(b) any agreement for childcare services is between Users only; and

(c) we recommend that Carers, Parents and Childcare Centres maintain appropriate professional indemnity and public liability insurance coverage of a minimum of $20 Million.

4 COMMUNICATION WITH US AND OTHER USERS

4.1 User interactions

(a) While we strive to create a safe and respectful online community and user experience, you acknowledge and agree that we are not responsible for the conduct of any User on the Platform.

(b) You agree to use caution in all interactions with other Users if you choose to communicate with another user off the Platform and particularly if you meet another User in person.

(c) You are solely responsible for your interaction with other users of the Platform. We do not conduct police checks on our Users or otherwise inquire into the background of its Users. We make no representations or warranties as to the conduct or compatibility of our Users and merely act as a referral and matching service only.

(d) We do not make any representations or warranties as to the conduct, identity, health, physical condition, intentions or legitimacy of any Users and will not be held liable in any way.

(e) Any investigations into a User’s background is at our discretion and you hereby authorise us to use the information supplied by you for the purposes of carrying out any such background check if we wish to do so.

(f) We strongly suggest and encourage that you approach interactions with others cautiously and take all and any safety precautions and conduct your own investigations and carry out your own interviews with Users introduced to you via the Platform or in the provision of the Services.

(g) This is especially important noting the sensitive nature of the services which are to be obtained by the persons met through the Platform.

(h) Users must

(i) comply with all applicable laws, including those related to childcare, employment, and taxation; ensure they hold valid qualifications and clearances required under Australian law;

(ii) maintain appropriate insurance coverage as required by law or industry standards; and

(iii) provide accurate and truthful information in all Platform interactions.

(i) Users must not

(i) engage in illegal, fraudulent, or misleading conduct; post, distribute, or transmit harmful material or malicious code; harass, intimidate, or discriminate against other Users;

(ii) violate intellectual property or privacy rights;

(iii) impersonate others or falsely claim qualifications;

(iv) use automated tools or methods to access the Platform; or

(v) attempt to circumvent any Platform security measures.

5 FEES

5.1 Payment of Fees

a) You agree to pay the Fees as advised by us within the Platform under which the Services are being provided. This section may be placed under the “Fees” section of our Platform but may also change from time to time.

b) Your Fees will depend on the type of request you make through our Platform and they will be outlined in the Platform.

c) Payments by Parents and/or Childcare Centres to the Carer are handled between such parties directly. You, as the User, acknowledge that The Nannying Network is not responsible for any payments related to work performed by a Carer. The Nannying Network acts solely as an intermediary, facilitating the connection between Parents and Carers and any Fees payable to us, are merely for organising an advertisement /e-mail to our database with the required Services and /or our time in connecting the Parents, Carers and/or Childcare Centres.

5.2 Failure to pay

If Fees for a form are not paid when they are due, you may need to reapply, or for a Carer, your spot may be forfeited. If a spot is filled but the Fees are not paid, interest will be payable and will accrue at the rate of 10% per annum.

5.3 Payment methods

Once you have been selected as a Carer, or your application as a Parent or Childcare Centre has been reviewed and approved, you will receive a payment link to complete the required payment. We may use third-party payment providers such as Stripe (Payment Providers) to collect Fees or fees may be handled outside of the Platform. The processing of payments by the Payment Provider will be subject to additional terms and conditions which are in addition to these Terms, and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. Where a Payment Provider is involved, you agree to abide by the terms and conditions of such Payment Provider so far as they apply to you, please see the following link to the terms outlined by Stripe: https://stripe.com/au/legal/ssa#services-terms

6 REFUNDS

6.1 General Policy

Except as otherwise set out on our Platform or required by law (including the Australian Consumer Law), we generally don’t offer refunds and any refunds we issue will be solely at our discretion and usually only in extenuating circumstances (for example if there is an administrative error). Please let us know if you have any issues with our Services that you think should entitle you to a refund and we’ll consider your situation. Generally, once a request is sent, the payment will be due and payable before the Services can be performed.

6.2 Advertising Fee (Non-Refundable)

The advertising fee is strictly non-refundable. This fee covers the cost of listing and promoting the role or candidate and does not guarantee that a successful match will occur.

6.3 Finder / Match Fee

(a) The finder or match fee is payable once a Carer/ Child Care Centre and a Parent have confirmed mutual interest (i.e., a “match”).

(b) If, after an introduction or meeting, either party reasonably determines that the match is unsuitable, we may, at our absolute discretion:

(i) provide a credit for a new advertisement (for the Parent);

(ii) provide a new Parent for the Carer;

(iii) issue a refund.

(d) If after a match has been made, the parent is non-responsive and does not engage, a Carer may request a refund or request that a new Parent be found.

(e) Refunds or credits will not apply where a Carer, Child Care Centre or Parent withdraws after confirming a match.

6.4 Full and Accurate Information

6.5 Refunds or credits will not be offered where a parent or nanny fails to provide full and accurate information that affect the suitability of the match.

7. ACCEPTABLE USE

You are required to make a few promises about the way you’ll use the Services.

You agree:

(a) not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;

(b) not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(c) not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;

(d) to comply with any community guidelines suggested by us where possible;

(e) not to attempt to breach the security of the Services or The Nannying Network’s system security, or otherwise interfere with the normal function of the Services, including by:

(i) gaining unauthorised access to data about other users of the Services;

(ii) scanning, probing or testing the Services for security vulnerabilities;

(iii) overload, flood, mailbomb, crash or submit a virus to the Services or The Nannying Network’s system; or

(iv) instigate or participate in a denial-of-service attack against the Services or The Nannying Network’s system; and

(f) not to outsource your obligations. For example, where you as a Carer are selected to perform childcare services, you must not subcontract or delegate any such responsibilities.

8 YOUR CONTENT

8.1 Types of content

As part of your use of the Services, you may be required to upload images, along with other information and materials you choose to share with us. This content may also be shared with other Users of the Platform (Posted Materials).

8.2 Posted materials

By providing or posting any Posted Materials, you represent and warrant that:

(a) you are authorised to provide the Posted Materials;

(b) the Posted Materials are free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;

(d) the Posted Materials do not infringe any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement (Intellectual Property Rights);

(e) the Posted Materials are accurate and true at the time they are provided;

(f) any Posted Materials which are in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

(g) the Posted Materials do not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and

(h) the Posted Materials do not breach or infringe any applicable laws, regulations or orders.

8.3 Posted materials – IP licence

By uploading any Posted Materials, you grant to The Nannying Network (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for The Nannying Network to use, exploit or otherwise enjoy the benefit of such Posted Material.

8.4 Removal of posted materials

We don’t have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.

8.5 By registering with The Nannying Network or making an application via the Platform, the User agrees to provide the necessary information and documentation, which includes, but is not limited to, their email address, full name, suburb, photo identification and postcode.

8.6 Personal data submitted by the Carer or the Parent to The Nannying Network will not be shared with third parties, except when required by law or where required in order for us to perform the Services. To the fullest extent permitted by law, we are not liable for any loss, damage, or unauthorised access arising from hacking, cyberattacks, or other security breaches beyond our reasonable control.

9 OUR CONTENT

9.1 Unless we indicate otherwise, all materials used in the services (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.

10 SERVICE LIMITATIONS

The Services are made available to you strictly on an ‘as is’ basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:

(a) the Services will be free from errors or defects;

(b) the Services will be accessible or available at all times;

(d) any information provided through the Services is accurate or true.

11 OBLIGATIONS OF THE CARER

11.1 If you are a Carer then this section applies to you.

11.2 The Carer is personally responsible at all times for ensuring compliance with their legal obligations as a babysitter, nanny or childcare provider. This includes, but is not limited to fulfilling any tax obligations.

11.3 The Carer is solely responsible for the accuracy and completeness of all information provided on The Nannying Network platform.

11.4 The Carer must promptly notify The Nannying Network of any changes to their provided information.

11.5 The Carer is responsible for conducting their business properly, including submitting all required (tax) declarations and obtaining necessary insurances, such as liability insurance.

11.6 To use The Nannying Network’s services, the Carer must be at least 18 years old.

11.7 When engaged by a Parent and/or Childcare Centre, you are responsible for any payment for services rendered as we do not get involved in the payment side.

11.8 You access the Parent’s or Childcare Centre’s venue at your own risk and must carry out any due diligence necessary in this regard.

11.9 As a carer you must have a valid working with children check (WWC) number.

11.10 The Carer must

(a) be at least 18 years of age;

(b) hold valid qualifications and certifications required by Australian law;

(d) hold appropriate professional indemnity and public liability insurance;

(e) provide accurate and current copies of all certifications.

(f) Not consume, be under the influence of, or be in possession of any drugs or alcohol if providing Carer Services

(g) take all reasonable steps to progress their application.

(h) fully and honestly disclose any criminal, legal, or child-related matters that may affect their suitability to work with children (including but not limited to any past or pending charges, loss of licence, or investigations);

(i) not knowingly provide false, misleading, or incomplete information at any stage of the application or engagement process; and

(j) confirm that they do not have, and will immediately disclose if they develop, any medical or mental health condition that could reasonably pose a risk to the safety or wellbeing of children in their care

11.11 The Carer shall

(a) provide childcare services with reasonable skill and care;

(b) maintain professional standards and conduct at all times;

(d) ensure the emotional and physical safety of children in their care

11.12 Information and Documentation - The Carer must provide and maintain:

(a) accurate and complete profile information;

(b) current contact details;

(d) updated availability schedule;

(e) truthful representations of skills and experience.

11.13 Communication Requirements - the Carer shall:

(a) respond promptly to booking inquiries;

(b) provide reasonable notice of any changes to availability;

(d) report any incidents or concerns regarding child safety.

11.14 Compliance obligations - the Carer must:

(a) comply with all relevant laws and regulations;

(b) maintain confidentiality of family information;

(d) follow safety and emergency procedures;

(e) participate in any mandatory training or updates.

11.15 Professional Conduct - The Carer shall:

(a) foster positive relationships with children and families ;

(b) respect family values and parenting approaches;

(d) refrain from discriminatory behaviour or practices;

(e) support children's developmental needs and wellbeing.

11.16 Platform Usage - The Carer must:

(a) use the Platform solely for its intended purpose;

(b) not circumvent the Platform's booking system;

(d) provide honest feedback and reviews;

(e) report any technical issues or concerns promptly.

12 OBLIGATIONS OF THE PARENT

12.1 If you are a Parent then this section applies to you.

12.2 The Parent is fully responsible for their decision to hire a Carer through The Nannying Network and for assessing whether the Carer is suitable for the intended tasks.

12.3 The Parent is solely responsible for meeting any financial commitments related to the Carer.

12.4 The Parent is fully responsible for vetting and screening the Carer they choose. The Nannying Network acts solely as a referral and matching service and does not guarantee the suitability or qualifications of any Carer.

12.5 The Parent must:

(a) be at least 18 years of age;

(b) provide accurate identification and contact details;

(d) hold valid authority to make decisions regarding the child's care.

(e) take all reasonable steps to progress their application.

12.6 Child Information and Documentation - The Parent shall provide:

(a) accurate medical information about the child;

(b) emergency contact details;

(d) current immunisation records;

(e) any relevant court orders or parenting arrangements.

12.7 Communication and Cooperation - The Parent must:

(a) maintain clear communication with Carers;

(b) provide reasonable notice for bookings and cancellations;

(d) inform Carers of any changes to arrangements;

(e) share relevant information affecting childcare provision.

12.8 Health and Safety Obligations - The Parent shall:

(a) inform Carers of any medical conditions;

(b) provide necessary medications and instructions;

(d) maintain current health insurance coverage;

(e) provide written authorisation for medical treatment if required.

12.9 Financial Responsibilities - The Parent must:

(a) pay agreed fees on time (including any fees due to Carers);

(b) provide accurate billing information;

(d) maintain current payment methods;

(e) cover any additional agreed expenses.

12.10 Professional Conduct - The Parent shall:

(a) treat Carers with respect and courtesy;

(b) provide a safe working environment;

(d) maintain appropriate professional boundaries;

(e) follow Platform policies and procedures.

12.11 Platform Usage - The Parent must:

(a) use the Platform as intended;

(b) not circumvent the Platform's booking system;

(d) report any concerns promptly;

(e) maintain confidentiality of Carer information.

12.12 Parental Authority - The Parent shall:

(a) ensure they have legal authority to engage childcare services;

(b) provide evidence of parental responsibility if requested;

(d) comply with any relevant court orders or parenting plans.

13 OBLIGATIONS OF THE CHILDCARE CENTRE

13.1 If you are a Childcare Centre, or a representative of one, then unless we have agreed to separate terms and conditions ,then this section applies to you.

13.2 The Childcare Centre is fully responsible for their decision to hire a Carer through us and for assessing whether the Carer is suitable for the intended tasks.

13.3 The Childcare Centre is solely responsible for meeting any financial commitments related to the Carer.

13.4 The Childcare Centre is fully responsible for vetting and screening the Carer they choose. We act solely as a referral and matching service and does not guarantee the suitability or qualifications of any Carer.

13.5 When engaging Carers through the Platform, the Childcare Centre agrees to promptly pay the Carers the agrees fees.

13.6 Regulatory Compliance - The Childcare Centre must:

(a) maintain current licencing and accreditation;

(b) comply with National Quality Framework requirements;

(d) maintain required staff-to-child ratios;

(e) ensure all staff hold valid Working with Children Checks.

13.7 Professional Standards - The Childcare Centre shall:

(a) provide services with reasonable care and skill;

(b) maintain appropriate insurance coverage;

(d) ensure safe and hygienic premises;

(e) follow emergency and evacuation procedures.

13.8 Staff Management - The Childcare Centre must:

(a) employ qualified early childhood educators;

(b) verify staff credentials and qualifications;

(d) maintain current staff records;

(e) ensure staff compliance with Centre policies.

13.9 Communication Requirements - The Childcare Centre shall:

(a) maintain clear communication with Carers;

(b) provide accurate booking information;

(d) notify of any operational changes;

(e) document all incidents and concerns.

13.10 Documentation and Records - The Childcare Centre must maintain:

(a) current staff and child records;

(b) emergency contact information;

(d) attendance records;

(e) quality improvement plans.

13.11 Platform Usage - The Childcare Centre shall:

(a) provide accurate Centre information;

(b) update availability regularly;

(d) maintain confidentiality of Carer information;

(e) provide honest feedback and reviews.

13.12 Health and Safety - The Childcare Centre must:

(a) maintain safe working environments;

(b) implement infection control procedures;

(d) conduct regular safety assessments;

(e) maintain first aid equipment and supplies.

13.13 Financial Obligations - The Childcare Centre shall:

(a) maintain current payment information;

(b) honour agreed payment terms;

(d) maintain accurate financial records;

(e) comply with Platform fee structures.

14 SECURITY

We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the Services. You should take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

15 LIABILITY

(a) To the maximum extent permitted by applicable law, The Nannying Network limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Services to the total Fees paid by you to The Nannying Network up to the date of the event giving rise to liability, or if no fees have been paid, $100 (AUD) in aggregate. This includes the transmission of any computer virus.

(b) You agree to indemnify The Nannying Network and its employees, contractors and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the Services and/or breach of these Terms.

(c) All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded.

(d) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

(e) To the maximum extent permitted by law, under no circumstances will The Nannying Network be liable for any incidental, special or Consequential Loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, these Terms or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

16 CANCELLATION

16.1 Cancellation by you

You are responsible for the cancellation of your Account. You can cancel your Account at any time by contacting us at hello@thenannyingnetwork.com

16.2 Cancellation by us

(a) To the extent permitted by law, we reserve the right to terminate your access to any or all of the Services or any part of the Services at any time without notice, for any reason, provided that we refund to you any Fees for Services which you have paid for and not received.

(b) We may also terminate your access to any or all of the Services at any time without notice without issuing a refund if you breach any provision of these Terms.

(c) In the event that your access is terminated due to a serious breach of these Terms, we reserve the right to report your conduct to the Platform provider and other apps.

16.3 Effect of cancellation

Upon cancellation, termination or expiry of your Account, we will delete any Posted Materials associated with your Account. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Account.

16.4 Survival

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.

17 INTELLECTUAL PROPERTY

17.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the terms, any content on the platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

17.2 We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.

17.3 You must not, without our prior written consent:

(a) copy, in whole or in part, any of Our Intellectual Property;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another Platform; or creating derivative works from any of Our Intellectual Property.

17.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(a) you do not assert that you are the owner of Our Intellectual Property;

(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(d) you comply with all other terms of these Terms.

17.5 This clause will survive the termination or expiry of these Terms.

18 PRIVACY

You agree to be bound by the clauses outlined in our Privacy Policy.

19 LOCATION OF SERVICES

(a) The Nannying Network controls the operation of the Services from headquarters located in Australia.

(b) We make no representation or warranty that all of the features of the Services will be available to you outside of Australia or that they are permitted to be accessed outside Australia.

(c) You’re solely responsible for your decision to use the Services from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the Services.

20 WARRANTIES

20.1 You represent, warrant and agree that:

(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;

(b) there are no legal restrictions preventing you from entering into these Terms;

(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;

(d) Where you are registering an organisation or Company, that you have the required authorities to do so.

(e) That where you have contracted to pay a party, that you will promptly do so.

20.2 Parent warranties - the Parent warrants:

(a) That it has authority to post a job.

(b) that they will not seek any form of payment from us.

(d) That it will be solely responsible for payment of the Carers where relevant.

(e) That it acknowledges that we will not be held liable for any loss or misrepresentation by a Carer.

(f) That it will indemnify us from any claim by a Carer or Employer as a result of any acts or omissions of the Parent.

(g) It will comply with all employment laws in the placement of Carers with Employers.

(h) that they will not seek any form of payment from us.

20.3 Carer warranties

The Carer warrants:

(d) That they acknowledge that we will not be held liable for any loss or misrepresentation by a Parent.

(e) That they will indemnify us from any claim by a Parent as a result of any acts or omissions of the Carer.

21 TERMINATION

21.1 Your Account and these Terms may be terminated by you at any time, by contacting us at hello@thenannyingnetwork.com our cancellation will take effect upon our confirmation.

21.2 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(b) the Defaulting Party is unable to pay its debts as they fall due.

21.3 Upon expiry or termination of these Terms:

(a) we will remove your access to the Platform;

(b) we will immediately cease providing the Services;

(c) where we terminate the Terms as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.

21.4 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

21.5 This clause will survive the termination or expiry of these Terms.

22 NOTICES

(a) A notice or other communication to a party under this agreement must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.

23 GENERAL

23.1 Governing law and jurisdiction

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

23.2 Waiver

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

23.3 Severance

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

23.4 Joint and several liability

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

23.5 Assignment

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

23.6 Entire agreement

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

23.7 Dispute resolution

(a) Informal Resolution

If you have any concerns or disputes regarding the services provided by us you agree to first contact us at hello@thenannyingnetwork.com or via the contact us section of the Platform and provide a written description of the issue. We will make reasonable efforts to resolve the dispute informally within 30 days.

(b) Binding Arbitration

If we are unable to resolve the dispute informally, you agree to resolve any claim, dispute, or controversy arising from or relating to the Services through final and binding arbitration, except as otherwise provided below. Arbitration shall be conducted by an Arbitrator appointed by the Law Society of NSW. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction.

You agree that any dispute resolution will be conducted only on an individual basis and not as part of any class, consolidated, or representative action. Subject to any laws, by using the Services, you waive any right to participate in a class-action lawsuit or class-wide arbitration.

(d) Exceptions to Arbitration

Either party may seek relief in a small claims court for disputes within its jurisdiction or pursue injunctive relief in a court of competent jurisdiction for intellectual property violations or unauthorised access to the Services.

(e) Governing Law

This agreement shall be governed by and construed in accordance with the laws of New South Wales.

(f) Modifications

The Nannying Network reserves the right to modify this Dispute Resolution clause with notice. Continued use of the Services after such modifications constitutes acceptance of the updated terms.

23.8 Interpretation

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (currency) a reference to $; or “dollar” is to Australian currency;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

23.9 Promotion of Other Services

We may, from time to time, promote or recommend third-party services, products, or courses (for example, first aid courses) to Users of the Platform. We may receive payment, commission, or other benefits from such promotions. Any such promotion does not constitute an endorsement or guarantee of the service or product by us, and users should make their own inquiries and decisions regarding their use.

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