(Please read the following agreement carefully before accessing or using this service. If you do not agree with the terms and conditions please do not register.)
User Agreement
This agreement sets out the terms and conditions under which you may use the web site babysitterdirectory.com.au "Babysitterdirectory. This Agreement also sets out our privacy policy for Users. By accessing or using this service, you agree to be bound by the terms and conditions below. "Babysitterdirectory may revise these terms and conditions at any time by updating this information. You should visit this page regularily to review the terms and conditions as your continued use of this Web Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes and will be binding on you.
1.1 You agree to immediately notify Babysitterdirectory 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 activities that occur under your login name.
1.3 You agree that if you are registering as a babysitter or nanny that you are over 18 years of age.
1.4 Babysitterdirectory is a community service and it should not be used for promotion of business services. When you register as a user for example parent of babysitterdirectory 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@babysitterdirectory.com.auexpressing 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 Babysitterdirectory. “You” and “User” means...well you or any individual or entity accessing this site for any reason.
2. Venue Only
2.1 Babysitterdirectory 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. Babysitterdirectory assumes no responsibility, whether implied by law or otherwise, for the information provided and disclaims all liability with respect to such information. Babysitterdirectory is not liable under any circumstances for any injury loss or damage that might arise through use of this website.
Users acknowledge that Babysitterdirectory does not screen or censor the listings offered. Babysitterdirectory 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 Babysitterdirectory 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. This listing is an directory for our Users only and these Carers have not been screened or endorsed by Babysitterdirectory. You should use your own discretion before completing engaging the services of any of the Carers listed on the Website, as Babysitterdirectory 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 Babysitterdirectory.
3. Security
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 Babysitterdirectory.
While Babysitterdirectory takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Babysitterdirectory systems or on Babysitterdirectory Site. Babysitterdirectory disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
Users may make certain information or contents available on the website. The member is wholly responsible for all such information and contents, including any decision to disclose personal information including but not limited their ethnic origin, nationality and/or religion. By providing such data on the website, the user concerned demonstrates his/her explicit wish and, consequently, consent to the processing of this "sensitive" data by Babysitterdirectory and freely accepts exclusive responsibility for doing so.
4. Fees charged by carers
4.1 The Carers fee is determined by each individual Carer. Babysitterdirectory 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
Babysitterdirectory. You acknowledge that Babysitterdirectory 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 Parent member fees
5.1Registered parents will be invited to pay a membership fee to use this site using the PayPal provided online payment system. Babysitterdirectory does not keep parents credit card numbers.This membership fee is subject to change at our discretion. The pricing for use of any
chargeable service or feature on Babysitterdirectory will be stated GST
exclusive. Parents who do not pay this membership fee after this time will have their account lapse and become inactive.
You are not permitted to transfer any Babysitterdirectory services or features purchased by you to any other person.
In no event will you be entitled to any refund of payments for
chargeable services or features pre-paid by you. We will review
requests for
refunds at our sole discretion.
10. Renew of members fee for parents
6.1 At the end of your annual membership period you will receive an email requesting you to renew your membership. You must pay the parent membership fee using the
online payment system by the due date or your account will lapse and become inactive
meaning you will no longer be able to use the features on the website.
6.2 If you allow your account to lapse you can still pay the annual membership fee however it is at our discretion if this membership fee will have increased from the original offered membership fee offered to you.
7 No Representations Or Warranties
7.1 Babysitterdirectory does not provide any representations or warranties relating to the Carers or the service provided by the Carers. Babysitterdirectory 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.
7.2 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 Babysitterdirectory will not be responsible in any way for the availability of the website services and information.
8. Risk
8.1 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 Babysitterdirectory.
8.2 All Users including Parents and Carers do hereby expressly agree not to hold Babysitterdirectory (or its agents, assigns, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the website and releases Babysitterdirectory from liability for any damages, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.
9. Release From Liability
9.1 Users covenants and agrees to release Babysitterdirectory, 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 Babysitterdirectory 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.
9.2 You agree to indemnify, defend, and hold harmless Babysitterdirectory 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.
9.3 You agree that Babysitterdirectory 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 Babysitterdirectory.
9.4 Your acknowledge that under no circumstances shall Babysitterdirectory be liable for carer fees or any other fees.
9.5 Babysitterdirectory 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.
10. Privacy
10.1.1 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.
10.1.2 You agree to allow Babysitterdirectory to collect personal information about you, including information that is considered to be sensitive.
10.2 Collection of data
10.2.1 Babysitterdirectory 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.
10.2.2 We collect this automatic data as follows:
(i) Babysitterdirectory 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) Babysitterdirectory 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 Babysitterdirectory 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.
10.2.3 Site registration also requires Users to give us contact information (like their name, address, telephone, and email address). In the event that a ine User ( a parent) engages another User (a Carer) via Babysitterdirectory then we will provide the user’s contact information to the Parent user.
10.2.4 As a Carer you authorise us Babysitterdirectroy to pass on the personal information to Parents for contact purposes.
10.2.5 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.
11. Disclosure
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. Security
11.1 Babysitterdirectory takes all reasonable steps to ensure the security of our systems. Any information which we hold for you is stored on secure servers. 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, Babysitterdirectory will not be held responsible for any loss that may arise from unauthorised access to your personal information.
11.2 Advertisers have been asked to comply with Australian privacy policy with regard to their information handling practices. However, the use of any information given to advertisers is not within the control of Babysitterdirectory and we cannot accept responsibility for the conduct of these Advertiser’s.
11.3 This site also contains links to other sites and Babysitterdirectory is not responsible for the privacy practices or the content of these sites.
11. 4 Babysitterdirectory 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. Babysitterdirectory accepts no liability that may arise should any other individuals obtain the information you submit to this site.
12. 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 Babysitterdirectory.9.2 Babysitterdirectory 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. Babysitterdirectory 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.
13. Copyright
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 Babysitterdirectory. 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.
14. No Guarantees
Babysitterdirectory 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. Babysitterdirectory 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
15.1 Users are prohibited from violating or attempting to violate the security of the Web site, including, without limitation:
accessing data not intended for such User;
logging into a server or account which the User is unauthorised to access;
attempting to test the vulnerability of a system or network or to breach authentication processes;
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;
Sending unsolicited e-mail, including advertising or promotional material; or
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:
in violation of any applicable law or regulation;
in a manner which will infringe the copyright, trademark or other intellectual property rights of others;
which violates the privacy, publicity or other personal rights of others;
that is defamatory, obscene, threatening, abusive, hateful or embarrassing to another User or any other person or entity;
which comprises a chain letter or pyramid scheme; or
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.
In case of infringement by a member of one or more of these rules, Babysitterdirectory reserves the right to terminate the account without prior notification, to block the account(s) of the members in question, to automatically delete litigious messages, to prevent the posting of all or part of a member's profile, and/or to block his/her access to all or part of the services, on a temporary or permanent basis, without any compensation.
16. You agree that:
(a) The testimonials are a means of public and not private communication;
(b) Babysitterdirectory 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) Babysitterdirectory can reproduce, 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 public areas of the site or by email.
12.Babysitterdirectory 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 Victoria, Australia and the parties submit to the jurisdiction of the Courts within that State.
18. Termination of membership
Babysitterdirectory may terminate your membership at any time during the term in
its absolute discretion by giving written notice of termination to you. At our discretion parent members may receive a pro-rata refund of their paid membership fee.
19. Forum
Babysitterdirectory Forum is a place for people to discuss childcare,babysitting, nannying and related issues.We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of Babysitterdirectory.
We retain the right to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary.
You agree, through your use of this service, that you will not use this forum to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any law. We reserve the right to terminate the membership of any person who abuses the facility in this way.
You agree not to post any copyrighted material unless the copyright is owned by you. You agree not to use the forum for commercial purposes or for promoting other web sites. The complete Forum Rules and Terms of Use can be viewed at the forum.Please make yourself familar with them before using the forum.
20. Newsletters
By registering your email address with Babysitterdirectory
you agree to receive regular Newsletters providing updates on new
content or offers that we think maybe of interest to you.You may opt
out of this service at any time by clicking on the unsubscribe link in
the Newsletter.
