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User Agreement : Terms and Conditions
1.1 You agree to immediately notify BabySittersGuide of any unauthorised use of your login name or any other breach of security known to you.
1.2 When you become a registered user, you are provided with a password and login name. You agree to be entirely responsible for any and all activitie that occur under your login name.
1.3 You agree that if you are registering as a babysitter or nanny that you are over 16 years of age.
1.4 BabySittersGuide is a community service. When you register as a user for example parent of BabySittersGuide you agree that you are searching for and contacting babysitters and/or nannies for your own personal use to care for your children. Proprietors of nanny or childcare agencies who register posing as parents in order to promote their business will have their account cancelled and will be banned from future use of this service. If you would like to promote your business or services to our members please email mailto:admin@BabySittersGuide.mobi expressing your interest.
1. Definitions And Interpretation
1.1 In this Agreement:
"Carers" includes babysitters, nannies, carers and au-pairs
"Parent" includes the legal guardian oif a child including a step-parent
"Site" means "website" and therefore BabySittersGuide.
"You" and "User" means...well you or any individual or entity accessing this site for any reason.
2. Venue Only
2.1 BabySittersGuide is intended as an information service only. It is a community service and online directory and acts as a communications vehicle between Parents (employers) and babysitters and nannies (candidates) .The listings and information contained in the website are intended for general use. No warranty is provided that the information is accurate or correct. BabySittersGuide assumes no responsibility, whether implied by law or otherwise, for the information provided and disclaims all liability with respect to such information. BabySittersGuide is not liable under any circumstances for any injury loss or damage that might arise through use of this website.
Users acknowledge that BabySittersGuide does not screen or censor the listings offered. BabySittersGuide is not involved in the actual transaction between Parents and Carers.
This means that all users including Parent, Carers and Advertisers do hereby understand and agree that BabySittersGuide does not have control over the quality, safety, legality, legitimacy or any other aspect whatsoever of the truth or accuracy of the information posted, the services actually delivered by the babysitters and nannies, nor the integrity, or responsibility for any of the actions whatsoever of the Parents.
2.2 This Website provides a listing of babysitters and nannies located throughout Australia, UK, NZ and USA. This listing is an directory for our Users only and these Carers have not been screened or endorsed by BabySittersGuide. You should use your own discretion before completing engaging the services of any of the Carers listed on the Website, as BabySittersGuide makes no representations about the accuracy of the information provided, their legality, safety or the quality or availability of the services they provide.
2.3 You acknowledge that there is no employee-employer relationship or independent contractor relationship between the Carers and BabySittersGuide.
You are entirely responsible for maintaining the confidentiality of your password and login. You may change your password at any time by following instructions published on BabySittersGuide.
4. Fees by carers
4.1 The Carers fee is determined by each individual Carer. BabySittersGuide is not involved in any way whatsoever.
4.3 If you have a concern or dispute regarding:
(a) the fees charged to you as a Parent
(b) the service provided by the Carer
(c) the fees paid to you as a Carer,
then you should direct those concerns to the relevant person or carer NOT to BabySittersGuide. You acknowledge that BabySittersGuide has no control or influence over this policy or its implementation and is unable to intervene in disputes on your behalf or accept any liability in respect of such policy.
5. No Representations Or Warranties
5.1 BabySittersGuide does not provide any representations or warranties relating to the Carers or the service provided by the Carers. BabySittersGuide provides a directory service only and background reference checks or investigations related to Carers or the service to be provided by the Carers are the sole responsibility of the Parent.
5.2 Any enquiries regarding to wages and conditions of Carers, or information regarding background reference check should be referred to the carer or if they are attached to an agency to the agency concerned.
5.3 BabySittersGuide will not be responsible in any way for the availability of the website services and information.
6.1 It is noted that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons, or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through BabySittersGuide.
6.2 All Users including Parents and Carers do hereby expressly agree not to hold BabySittersGuide (or its agents, assigns, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the website and releases BabySittersGuide from liability for any damages, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.
7. Release From Liability
7.1 Users covenants and agrees to release BabySittersGuide, its successors and assigns, as well as its officers and agents, from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which they may have, or but for this Agreement would or might at any time hereafter have or have had against BabySittersGuide in respect of, arising out of or resulting from the provision of any services by one User to another User or from any other cause relating thereto, including but not limited to, the negligent acts of a User.
7.2 You agree to indemnify, defend, and hold harmless BabySittersGuide and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this agreement, the use of this site and the use or the inability of use of any information or data on the site your failure to abide by any restriction regarding the use of information on this site, including profiles and Job postings, or any claim by a third party.
7.3 You agree that BabySittersGuide shall not be liable to any User or to any other person, for incidental or consequential losses, damages, or expenses, directly or indirectly arising from any action or omission by either another User, an Agency or BabySittersGuide.
7.4 Your acknowledge that under no circumstances shall BabySittersGuide be liable for carer fees or any other fees.
7.5 BabySittersGuide shall not be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the website.
8.1.1 The Privacy Act 1988 protects personal information about individuals handled by organisations. Personal information is information or an opinion that identifies an individual or allows their identity to be readily worked out form the information. It includes information such as a person's name, address, financial information, marital status or billing details. Some personal information, including information about ethnicity, religion and health is considered to be sensitive.
8.1.2 You agree to allow BabySittersGuide to collect personal information about you, including information that is considered to be sensitive, and held for as long as deemed nescessary.
8.2 Collection of data
8.2.1 BabySittersGuide automatically gather's certain usage information like the numbers and frequency of visitors to our site. We only use such data in the aggregate. This collective data helps us to improve our service to you. We may also provide statistical (non-personal data) to our partners and advertisers about how visitors use this site.
8.2.2 We collect this automatic data as follows:
(i) BabySittersGuide uses your IP address to help diagnose problems with our server, and to administer our website. Your IP address is used to gather broad demographic information.
(ii) BabySittersGuide collects anonymous information through cookies. A cookie is a small piece of data containing a unique identification number that is sent to your browser from a web server, and is stored on your computer's hard drive. The unique ID number identifies your browser whenever you visit. Cookies do not enable anyone to access personally identifiable information that you have not already given us.
Cookies are used to connect members with account information stored on BabySittersGuide computers. This helps to deliver a better and more personalised service. Cookies are also estimate audience size for advertisers, and to track user preferences. Most browsers are initially set up to accept cookies. If you choose to not accept cookies, you cannot participate as a registered member and will not be able to access some areas of the site.
8.2.3 Site registration also requires Users to give us contact information (like their name, telephone, and email address). In the event that a ine User ( a parent) engages another User (a Carer) via BabySittersGuide then we will provide the user's contact information to the Parent user.
8.2.4 As a Carer you authorise us BabySittersGuide to pass on the personal information to Parents for contact purposes.
8.2.5 We may also use the information to send users information about our company and promotional material from some of our partners and/or advertisers. Users may opt-out of receiving future mailings.
8.4.4 BabySittersGuide exercises all due care to ensure that your information is secure on its system, however, the possibility exists that this information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored. BabySittersGuide accepts no liability that may arise should any other individuals obtain the information you submit to this site.
Other than as stated above, we do not use or disclose information about your individual use of this site or your contact information to any outside companies.
10.1 BabySittersGuide takes all reasonable steps to ensure the security of our systems. Any information which we hold for you is stored on secure servers that are protected in controlled facilities. In addition, our employees and the contractors who provide services relating to our information systems are obliged to respect the confidentiality of any personal information held. However, BabySittersGuide will not be held responsible for any loss that may arise from unauthorised access to your personal information.
10.3 This site also contains links to other sites and BabySittersGuide is not responsible for the privacy practices or the content of these sites.
11. Advertisers And Third Parties
Third Party services and products either:(i) linked to this website; and/or(ii) advertised on this website are the responsibility of the third party and their inclusion on this website does not imply endorsement by BabySittersGuide.9.2 BabySittersGuide is not responsible for the content of Third Party websites or advertisements and does not make any representations regarding the content or accuracy of materials on such Third Party websites or advertisements. BabySittersGuide will not be liable for any damages or loss arising in any way out of or in connection with any information or third party service provided.
The user must exercise all necessary caution and investigate fully for themselves any product or service listed or advertised.
All material on this site and that includes text, graphics, images, html codes and other material are protected by Australian and international copyright laws and remain the property of the site owned and operated by BabySittersGuide. You may not sell or modify the Material or copy, reproduce, display, upload, distribute or otherwise use this data in any way for any public or commercial purpose. You may download material from this site for your personal, non-commercial use provided you keep in tact all copyright and other proprietary notices.
13. Billing and Payment Policy
Parent members must pay a contact fee for contacting prospective babysitters using the online payment system PAYPAL. The price structure may change from time to time. BaySittersGuide does not handle credit card information and we expressly disclaim any liability for any damage that may result should any information be released to any third parties from you using PAYPAL. The user does hereby agree to hold BaySittersGuide harmless from any damages that may result from using PAYPAL.
14. No Guarantees
BabySittersGuide does not warrant that the web site will operate error-free or that the web site and its server are free of computer viruses or other harmful mechanisms.
The website and the information on the website are provided "as is". We offer no warranty, explicit or implied, regarding any information, the website, the accuracy of any information, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. BabySittersGuide does not represent or warrant that the website or the information including carer profiles and job postings will meet your requirements or that their use will be uninterrupted or error free.
15. Usage of site and Member Termination
15.1 Users are prohibited from violating or attempting to violate the security of the Web site, including, without limitation:
1. accessing data not intended for such User;
2. logging into a server or account which the User is unauthorised to access;
3. attempting to test the vulnerability of a system or network or to breach authentication processes;
4. attempting to interfere with a service to any user, host or network by submitting a virus to the Website, "spamming" overloading, "crashing" or otherwise engage in conduct which causes a threatened or actual nuisance to Users or to the Website;
5. Sending unsolicited e-mail, including advertising or promotional material; or
6. Forging any TCP/IP packet header or any part of the header information in any e-mail or testimonial posting.
15.2 Users may not use the Website in order to post, transmit, distribute, store or destroy material:
1. in violation of any applicable law or regulation;
2. in a manner which will infringe the copyright, trademark or other intellectual property rights of others;
3. which violates the privacy, publicity or other personal rights of others;
4. that is defamatory, obscene, threatening, abusive, hateful or embarrassing to another User or any other person or entity;
5. which comprises a chain letter or pyramid scheme; or
6. which misleads or may mislead other Users of the Website or any other person or entity as to the true identity of the User posting, transmitting, distributing, storing or destroying the relevant material.
15.3 We may terminate your membership at any time for any reason. In no event will you be entitled to any refund of payments for chargeable services or features. We will review requests for refunds at our sole discretion.
We may terminate your membership if you are in breach of these terms or if we otherwise believe (acting reasonably) that you are unfit to be a member of the site.
We also reserve the right to, without limitation, do any or all of the following in relation to your membership:
suspend your membership;
permanently or temporarily hide all or part of your member profile;
modify your member profile;
deactivate your membership if you have not used the site for a period of 6 months or more (from the date of last use); and/or
permanently or temporarily block your access to all or part of the site.
You can terminate your membership at any time by selecting "deactivate account" in your account settings or by emailing us.
16. You agree that:
(a) The testimonials are a means of public and not private communication;
(b) BabySittersGuide can, in its absolute discretion edit, refuse to post, or to remove testimonials from the site it deems inappropriate, objectionable or otherwise in breach of clause 12.1 or 12.2 of this agreement; and
(c) BabySittersGuide can reproduce, edit, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any areas of the site or by email.
(d).BabySittersGuide does not represent or guarantee the truthfulness, accuracy, or reliability of communications or testimonials posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other users will be at your own risk.
17. General Provisions
17.1 It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressed in it. Furthermore, it is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt with in it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument.
17.2 The invalidity or unenforceability of any provision of this Agreement shall not invalidate or render unenforceable the remaining provisions of this Agreement, but rather the void, illegal or invalid provision or provisions shall to the extent possible be severed from this Agreement and the remaining provisions shall continue in full force and effect, provided that the basic and underlying nature, purpose and intent of this Agreement is not materially altered.
17.3 The rights and obligations of the parties hereto shall not merge upon completion of any transaction contemplated by this Agreement but shall survive the execution and delivery of any instrument entered into for the purpose of completion.
17.4 This Agreement shall be governed by the laws of the state of NSW, Australia and the parties submit to the jurisdiction of the Courts within that State.