T&C's

PLEASE READ THESE TERMS AND CONDITIONS ('TERMS') CAREFULLY BEFORE USING THIS SITE

1. Who we are and how to contact us

   1. www.perth-nannies.com.au is a website (‘Website’) operated by International Nanny Agency Pty Ltd ABN 97 663 441 610 (‘INA, we, us and our’) trading as Perth Nannies.

   2. To contact us, please email jess@perthnannies.com or call us on +61478122816.

   3. We connect nannies and families for full and part time nanny positions via the Website. In particular we have a nanny portal where nannies can register their interest in employment and upload relevant documentation (‘Portal’). Reference to the Website, includes the Portal.

2. By using our Website you accept these Terms

   1. By using our Website and Portal, you confirm that you accept these Terms of use and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website. You agree you are at least 18 years old to make any purchases on our Website.

   2. We are the owner or the licensee of all intellectual property rights in our Portal, Website, and in the material published on it. Nothing in these Terms transfers any rights to you. All such rights are reserved.

3. We may make changes to these Terms

   1. We amend these Terms from time to time. Every time you wish to use our Website, please check these Terms to ensure you understand the Terms that apply at that time.

   2. These Terms were most recently updated on 21st February 2023.

4. We may make changes to our Website

   1. We may update and change our Website from time to time to reflect changes to our Portal,  Portal, our users' needs, changes in law and our business priorities.

5. We may suspend or withdraw our Website

   1. We do not guarantee that the Portal, the Materials, our Website, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Website or products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

   2. This Website is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Website or Portal.

6. Our Portal

   1. INA may grant access to the Portal for the purpose of finding a family who will engage you as a nanny (“Services”).

   2. We will perform the Services with reasonable skill and care and in accordance with these Terms and all relevant laws.

   3. We make no representations that we will find you employment and we will have no liability to you for failing to secure you employment. You acknowledge and agree that any dates for placement notified by us are estimates only.  

   4. Nothing in this Agreement creates or constitutes a relationship of employer and employee, principal and agent, trustee and beneficiary or of partnership or joint venture between us.

7. Registration to use the Portal

   1. In order to access the Portal, you must first register through the Website.

   2. As part of the registration process, or as part of your continued use of the Portal, you will be required to provide personal information about yourself (such as employment history, identification or contact details), including; email address, mailing address, drivers licence telephone number, password, and residential address.

   3. You agree to provide a working with children’s check, first aid certificate and national police clearance and two contactable child related references so that we can put you forward for employment with our clients.

   4. You consent to us providing your personal information to any potential employer as part of the Service to you. Please see our Privacy Policy for how we handle your personal information.

   5. You warrant that any information you give to INA in the Portal of completing the registration process will always be accurate, correct and up to date. You will reimburse us any costs we incur as a result of you uploading inaccurate information.

   6. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.

   7. When you subscribe as a Member you enter into an agreement to receive the Services and be a member of the Portal on an ongoing basis. There is no minimum term and you may cancel your membership at any time by emailing us at jess@perthnannies.com.

8. Your obligations as a Member

   1. As a Member, you agree to comply with the following:

      1. you will use the Portal only for purposes that are permitted by:

         1. the Terms; and

         2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

 

1. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Portal. You must immediately notify us of any breach of your user details;

 

 

1. you will not use the Portal, Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of INA;

 

1. you will not use the Portal, Services or Website for any illegal and/or unauthorised use which includes collecting other Members’ data and sending unsolicited emails;

 

1. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Portal. Appropriate legal action will be taken by INA for any illegal or unauthorised use of the Website; and

 

1. you acknowledge and agree that any automated use of the Website or its Portal is prohibited.

1. Intellectual Property

   1. We own the intellectual property rights in the Portal, Website and Services and you will have a non-exclusive, non-transferable licence to use the Portal for your own personal purposes.

2. Content Standards

   1. You warrant that your use of the Website and any documentation or content you upload to the Website will not:

      1. Contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

      2. Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

      3. Infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person.

      4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms and our privacy policy https://www.perth-nannies.com.au/copy-of-what-we-do

      5. Be likely to deceive any person.

      6. Promote any illegal activity, or advocate, promote or assist any unlawful act.

      7. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

      8. Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us.

      9. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

      10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

3. Privacy

   1. INA takes your privacy seriously and any information provided through your use of the Website and/or Portal are subject to INA's Privacy Policy, which is available on the Website.

4. General Disclaimer

   1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

   2. Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.

   3. By using our Services, you agree that INA is not to be held liable for any decisions you make based on any of the Portal, Services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold INA liable for any actions you take nor can you hold us liable for any loss or costs incurred by you as a result of any guidance or advice used or provided by INA.

5. Limitation of liability

   1. INA's total liability arising out of or in connection with the Portal or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Portal to you, or $100.

   2. You agree that we will not be liable for (i) loss or corruption of data, (ii) loss of profit, goodwill, business opportunity, anticipated savings or benefits or (iii) indirect or consequential loss.

   3. Nothing in these Terms will limit a person’s liability for: a) death or personal injury caused by that person’s negligence; b) that person’s fraud; or c) anything else that cannot be limited by law

6. Termination/Cancellation

   1. The Terms will continue to apply until terminated by either you or by INA as set out below.

   2. If you want to terminate the Terms, you may do so by:

 

1. providing INA with 7 days' notice of your intention to terminate; and

 

1. closing your accounts for all of the services which you use, where INA has made this option available to you.

 

Your notice should be sent, in writing, to INA via the 'Contact Us' link on our homepage.

1. INA may at any time, terminate the Terms with you if:

 

1. you have breached any provision of the Terms or intend to breach any provision;

 

1. INA is required to do so by law;

2. if your conduct impacts INA's name or reputation or violates the rights of those of another party;

3. the provision of the Services to you by INA is, in the opinion of INA, no longer commercially viable.

1.  Indemnity

   1. You agree to indemnify INA, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

 

1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

 

1. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

 

1. any breach of the Terms.

 

1. Confidentiality

   1. We and you agree to use each other’s confidential information only in relation to the Portal, and not to disclose it without prior written consent, except where required by law or regulation.

   2. However, we may give confidential information to relevant subcontractors or service providers as long as they are bound by confidentiality obligations, and to your advisers who are involved in the relevant matter. The obligations to keep the information received in connection with the Terms confidential shall remain in legal effect for three years after receipt of such information.

   3. The above will not apply to information which (i) is publicly available, or (ii) has been received from someone else who owes no duty of confidence in relation to it, or (iii) was already known by the receiving party.

2. We are not responsible for viruses

   1. We do not guarantee that our Website will be secure or free from bugs or viruses or any other type of malicious code or software.

   2. You are responsible for configuring your technology to access our Website. You should use your own antivirus software.

3. We are not responsible for Websites we link to

   1. Where our Website contains links to other Websites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party Websites subject to the terms and conditions for those Websites.

4. Dispute Resolution

   1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless both parties have attempted to resolve the dispute through mediation.

5. Governing Law and Jurisdiction

   1. The Portal offered by INA is intended to be viewed by residents of Australia. The Terms are governed by the laws of Western Australia, Australia. In the event of any dispute arising out of or in relation to the Website or Portal, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia.