1.1 This document sets out the terms and conditions (“Terms”) that govern Your access to and participation on the Perth Nannies platform (“Platform”), facilitated and run by Perth Nannies (ABN 49 943 638 635) trading as “Perth Nannies” (collectively and individually referred to as “Perth Nannies”, “We”, “Our”, or “Us”).
1.2 These Terms constitute a legal agreement between You (“You” or “Your”) and Us.
1.3 By registering via Our online application form, You agree to be bound by these Terms, so it is important that You read these Terms carefully before registering.
1.4 These Terms and Conditions set out provisions regarding the conduct of Clients (“Families” or “Family”) and Service Providers (“Nannies” or “Nanny”).
2. Platform Participation and Platform Fees
2.1 As a Family:
a. You may register as a Family by completing the registration form and paying the applicable Platform Fee based on the type of Service you require, on Our website www.perthnannies.com (“Website”).
b. You agree to provide accurate, current and complete information about Yourself as requested or directed on the Website, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate Your participation in
the Platform if We suspect that such information is inaccurate or incomplete.
2.2 As a Nanny:
a. You may apply to become a Nanny by completing the application form on our Website. You agree to provide accurate, current and complete information about Yourself as requested or directed on the Website, and to promptly update this information to
maintain its accuracy. We have the right to suspend or terminate Your participation in the Platform if We suspect that such information is inaccurate or incomplete.
2.3 These Terms will become binding when You agree to these Terms, including by clicking “I consent” or “I agree” or similar, or by purchasing and/ or commencing a listing on the Platform.
Listing and obligations
2.1 In order to qualify and remain listed on Our Platform, as a Family, You warrant that You: a. are at least 18 years old, or are able to provide consent from a parent or guardian for You to participate;
b. will not book any Nannies directly;
c. will not make any bookings privately and not through the Platform with Our Nannies;
d. will communicate any queries about Our company to the director of Nanny Share Perth;
e. will maintain accuracy of information provided to Us and to the users of the Platform;
f. will comply with the policies and procedures set out in the Family Handbook for the duration of Your time registered on our Platform;
g. will obey all applicable laws.
2.2 In order to qualify and remain listed on Our Platform, as a Nanny, You warrant that You:
a. are at least 18 years old, or are able to provide consent from a parent or guardian for You to participate;
b. will maintain accuracy of information provided to Us and to the users of the Platform;
c. will not be listed with another agency or platform;
d. will ensure Your profile details (including Your name, email address and where relevant Your address and bank account number) remain up to date;
e. will notify Our company if You are wanting to make changes to Your working term;
f. hold, and will maintain, a current Working with Children Check;
g. hold, and will maintain, current insurance where required;
h. will obey all applicable laws.
2.3 By entering into this agreement and accepting these Terms You acknowledge that You have read, understood and agree with the information provided, and agree that the rules contained therein apply to Your Platform listing together with these Terms.
2.4 We reserve the right to:
a. limit the number of Families and Nannies on Our Platform;
b. remove any information about Our Platform users;
c. suspend or terminate Your access to the Platform in accordance with clause 5 below.
Booking and Service Fees - Families
2.5 Your ability to book commences when Your application has been accepted by Us.
2.6 We may review and approve or deny Your application at Our sole discretion.
2.7 Your Platform participation continues until terminated in accordance with these Terms or You choose to no longer access the Platform.
2.8 Placements require a term for the booking of the Services to be stipulated. As a Family, You agree that:
a. the Placement Fee is a one-off payment;
b. all Placement Bookings must be done through Us;
c. Placement Fees must be paid before a Nanny commences with a Family;
d. You must enter into a private contract with the Nanny to organise payment independently.
2.9 If You wish to cancel Your Placement, the following applies:
a. the private payment contract entered into between the Family and the Nanny has a probation period of three weeks;
b. this probation period commences on the Nanny’s first day;
c. during the probation period, the Family or Nanny can express an intention to terminate the contract;
d. the Nanny will be replaced free of charge, but all Services provided prior to the cancellation will not be refunded; and
e. all cancellations must be made in writing and sent to Us via email.
2.10 You will pay Us the Placement Fees:
a. by electronic funds transfer to an account nominated by Us; and
b. following receipt of a Tax Invoice from Us per the terms of the Tax Invoice.
2.11 The Placement Fees, irrespective of which payment option is selected, are non-refundable except as required by law. We do not provide refunds simply because Your situation has changed or You have changed Your mind unless it is within the three-week probation period. In the interests of clarity, if you wish to cancel your participation before the completion of a payment period, you will not be refunded any prorated balance of the Platform Fee already paid by You.
2.12 If You do not pay Us any portion of the Platform Fees when due, Your Platform participation may be cancelled, suspended, or You may be refused Platform entitlements and benefits until all outstanding amounts are paid.
3. Complaints Procedure
3.1 We are committed to providing a high standard of service. If You have any concerns or are dissatisfied with the service You have received and wish to raise a complaint, then please submit Your complaint through Our Contact Us Form, available on our Website.
3.2 Any complaint submitted in accordance with clause 3.1 above must include the following information at a minimum:
a. Your name;
b. the email address You used to register with the Platform;
c. details of Your concern or complaint;
d. details of what You would like Us to do to resolve the matter; and
e. copies of any relevant correspondence
3.3 We will provide You with an acknowledgement of Your complaint within 3 business days of receipt. We will aim to resolve Your complaint within 14 business days of receipt. If We are unable to address the complaint within 14 business days, then We will write to You to explain what is happening with Your complaint.
4. Intellectual Property Rights
4.1 In relation to the Platform Materials:
a. We retain ownership of all Intellectual Property Rights (including Moral Rights) in Platform Materials;
b. You are granted, subject to You paying the Platform Fees, a single use, limited right to use Platform Materials, and:
i. it may only be used for the purposes set out in the Terms, as part of Your Platform participation;
ii. You will not modify the Platform Materials; and
iii. You will not sub-licence, publish, sell, or otherwise provide it or allow it to be used by third parties;
c. where You have provided testimonials (in any format), We may use those testimonials to refer to You in Our websites, and other media (including social media channels) for the sole purpose of promoting Our Platform; and
d. Your use of the Platform Materials may also be subject to our Website Terms and Conditions.
4.2 For the purposes of this clause and the Terms, “Platform Materials” means all tools developed and/or utilised by Us in performing the Platform Services, including, without limitation, packaging, advertising materials, digital products (including eBooks), Family Handbook, webinars and videos.
4.3 For the purposes of this clause and the Terms, “Family Handbook” means the policies and procedures that apply to Your listing on the Platform. Intellectual Property Right Consent and Indemnity
4.4 You represent and warrant that You are the owner of the intellectual property You provide to Nanny Share Perth, or that You have a license to use and distribute it. You will indemnify Us against any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of any breach of intellectual property rights (including third party intellectual property rights) from Our use of the intellectual property You provide.
5.1 We may terminate the Terms with immediate effect, by giving You written notice, if:
a. You fail to comply with any of the provisions of these Terms or otherwise breach any undertaking, warranty or obligation under this agreement;
b. You engage in conduct injurious or potentially harmful to Our reputation;
c. You disclose Confidential Information without consent;
d. You fail to abide by Our applicable rules, policies or procedures as contained in the Family Handbook;
e. Your actions are contrary to Our interests; or
f. We consider that mutual trust and/or confidence no longer exists
5.2 We may terminate the Terms with immediate effect, if You, as a Family:
a. do not pay the Placement fees when due;
b. contact Nannies directly before the placement fee is paid and not through our Platform;
5.3 We may terminate the Terms with immediate effect, if You, as a Nanny:
a. promote Your Services on any Platform other than Our Platform;
b. accept Services from another Platform while listed on Our Platform; or
c. privately organise Services with a Family instead of going through Our Platform.
5.4 As a Family, You may terminate a private contract that You have made through a Placement Booking as long as it is within the three-week probationary period.
5.5 If We terminate Your Platform participation, We may, but are not obliged to, refund any prorated balance of the Platform Fee already paid by You and your listing will be removed immediately. Any service requests that remain in the system at this time will be managed in accordance with the guidelines set out in the Family Handbook.
5.6 You may exit the Platform at any time upon written notice to terminate Your registration.
5.7 Upon Your termination of this agreement, Your listing on the Platform will be removed within 48 hours.
6. Disclaimers, Warranties and Indemnities
6.1 By referencing any products or Services throughout the Platform, including any processes or other information, this does not constitute or imply Our endorsement, sponsorship or recommendation of such products or Services.
6.2 You and We agree that:
a. We and Our directors, agents or associates shall not be responsible or liable for any loss or damage resulting from Your Platform participation, except as expressly permitted by law and as set out in these Terms;
b. the Platform is provided on an “as is” basis without representation, warranty or condition of any kind (either express or implied);
c. all express or implied warranties, representations, statements, terms and conditions relating to the Terms or its subject matter which are not contained in the Terms, are excluded from the Terms to the maximum extent permitted by law;
d. if Our Services or the Platform are confirmed to have a major problem, i.e. not delivered to You or not provided as stated, We will resupply the Services or refund all or part of the Platform Fees (as applicable) to Your original payment method. The applicable
refund amount will be determined at Our sole discretion by the nature of the problem and the degree to which You may have been partially responsible for the problem;
e. We do not offer refunds where You have insisted on having the Platform Services provided in a way that is contrary to Our advice, failed to clearly explain Your needs to Us or simply changed Your mind;
f. You are responsible for any tax obligations relating to Your use of the Platform;
g. We are not responsible for the relationship between You and the other party (whether it is a Nanny or a Family);
h. We cannot guarantee and do not promise any specific results from the Platform;
i. You will indemnify Us against all loss, cost, damage or expense (including Our legal costs and associated costs of investigations and enforcement) directly or indirectly related to Your breach of these Terms.
6.3 Without limiting this clause 6, We will not be liable to You for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) from:
a. the use of or inability to use the Platform;
b. the Services provided;
c. any loss or injury to You or any other party that may result from the Services;
d. statements or conduct of any third party or other partner; or
e. Your reliance on the recommendations and suggestions of any other partner.
6.4 As a Nanny, You acknowledge and agree that Your contract with the Family is independent of the agreement You have with Us. We facilitate the ability for the Family to select Your Services. We are not and will not be a party to any contract or the management, execution and any subsequent actions arising out of the contract You have with the Family. You will be solely responsible for providing the Services to the Family, and maintaining Your own insurance cover, Working with Children Check, and any other requirements.
7. Confidentiality and Privacy
7.1 Each party agrees that, unless it has the prior written consent of the other party, it will:
a. keep confidential at all times, the Confidential Information of the other party; and
b. ensure that any personnel, advisors, employees or contractors to whom Confidential Information is disclosed, is aware of and complies with this clause;
7.2 However, the obligations of confidentiality outlined in clause 7.1 do not apply to any disclosure that:
a. is for the purpose of performing the Terms or exercising a party’s right under the Terms;
b. is required by Applicable Law; or
c. relates to Confidential Information which is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction and without breach of any obligation of confidence.
7.3 For the purposes of clause 7.1, confidential information in relation to a party means information of a confidential nature including information about its business, financial information, operations, marketing strategy, administration, technology, clients, customers,
employees, contractors or Vendors, this may also include: pricing lists or methods, customer or information, financial performance or plans, Platform Materials, Family Handbook, Platform passwords, eBooks, any content provided by Us, information relating to concepts, trade secrets, know-how, systems and processes (“Confidential Information”).
8.1 As a Nanny, You and We agree that the relationship between You and Us does not constitute a partnership, joint venture, agency or the relationship of employer and employee. You must not hold Yourself out as being entitled to contract, make any representations or otherwise bind Us.
8.2 We will make reasonable commercial efforts to ensure that the Platform is available to the public. However, in the unlikely event that We are unable to provide the Platform, for any reason including, but not limited to, illness, injury, emergency, or Act of God, sudden event or other circumstances beyond our control (Force Majeure Event), then we will provide new dates that the Platform will be accessible. We assume no liability if the Platform or any part of it is unavailable for any period of time.
8.3 You acknowledge and agree that You are responsible for use of and access to the internet to connect to the Platform and that we are not responsible for any fees, technical problems, security breaches or system failures due to the hardware or software that You use to access the Platform.
8.5 The formation, construction, performance and enforcement of the Terms will be in accordance with the laws in force in Western Australia, Australia. You and We submit to the exclusive jurisdiction of the courts of that jurisdiction.
8.6 We have the right to cease Our Website and/or the Platform. If We do this, it can be at any time and may be without notice to You. We will not be responsible for any liability in connection with any such discontinuance or exclusion.
8.7 We reserve the right to change or modify these Terms, Platform Fees and any entitlements or benefits at any time consistent with applicable laws and principles, without notice to You. These changes will be effective as of the date we post the revised version on this Website. It is Your responsibility to review these Terms prior to use and periodically throughout Your use of our Website and the Platform. If at any time You choose not to accept these Terms, You can on written notice, terminate Your Platform listing and should
cease using this Website and the Platform.
8.8 Your continued use of this Website and the Platform is deemed acceptance of any modifications or amendment of these Terms.
8.9 Whenever possible, each provision of the Terms will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the Terms is held invalid or unenforceable, the remainder of the Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
8.10 You cannot assign the Terms or otherwise deal with the benefit of it or a right under it without Our prior written consent. We may assign or novate the Terms or otherwise deal with the benefit of it or right under it without Your consent.