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WeNeedaNanny – TERMS AND CONDITIONS OF USE

Community Guidelines

At We Need A Nanny (WNAN), we’re passionate about connecting caregivers (Carers) with parents (Care Seekers). As we continue to expand our services to benefit the needs of our site’s users (our Community), it’s important that everyone in the Community follow these guidelines that reflect our values and standards of behaviour. We strive to create a Community where everyone treats others with the respect and acts responsibly.

In the WNAN Community, our core values are:

1. Open and Honest Communication

You agree not to knowingly post content that is dishonest, misleading, or untrue.

2. Respect for Others

In all your dealings, treat others as would like them to treat you. The “Golden Rule” is the best course of action. You agree not to post any content that is discriminatory, bigoted or biased in respect of person or group on the basis of ethnic, national origin, race, religion, creed, gender, sexual orientation, or political affiliation.

3. Privacy Matters

You agree that you will not upload or share any personally identifiable information, including photos, about another person without that person’s express consent.

4. Be Informed about Internet Safety

WNAN values your privacy and on-line security. We conduct on-going monitoring of our Site towards providing a safe internet Community. However, internet safety requires a mutual effort to ensure your protection. Be aware of scams and protect yourself against potential fraud and scammers who may ask you to send money or financial information for a variety of reasons. Be suspicious about any request of this nature. Ask probing questions; get third-party referrals and recommendations that you can verify. Be alert to how scammers operate; you can avoid becoming a victim.

WNAN Service

The WNAN Services provides Carers and Care Seekers (our Users) with an “introduction” to each other. Together, our registered Users, connect with each other in the Site’s Community. Our Site provides a searchable data base of User profiles (Profiles) and advertisements for work opportunities (Job Postings), along with an online information forum.

How the WNAN Service Works

Carer Users may register on the Site free of charge and create a Carer Profile to advertise their availability and describe his or her skill set, training, qualifications, prior experience and type of employment opportunity she or he seeks. Carers may be charged a fee to access some premium Services.

Care Seeker Users may:

  • Create a Job Posting (fee charged per Job Posting);

  • View Carer Profiles, and

  • Contact Carers through our secure web-platform.

All registered Users (Carers and Care Seekers) must provide accurate, current and complete information during the registration process. It is important for Users to update, as relevant, their Carer Profile, Job Posting(s) and other information when their circumstances change.

Communication

WNAN requests Users limit their communication to topics which are relevant to WNAN's Services. Users must comply with our Community Guidelines and Terms of Use, including a strict prohibition on the use of foul or defamatory language, comments which incite fear, and/or any form of abuse, insults or personal attacks.

Each User acknowledges and agrees that any communications entered into with another User, and any provision of care services, is at his or her own risk. WNAN cannot guarantee that other Users have genuine intentions.

If you believe that another user has made an inappropriate communication with you, please contact info@weneedananny.com.au and WNAN will investigate your complaint.

SMS

Users may elect to add their Australian mobile number on their Profile. The User’s phone number will not be visible to the public on the Site. Users agree that by providing their mobile phone number, other Users (and Site Administrators) may send SMS messages to this phone number though our Site’s secure SMS service provider. Many Users benefit from our SMS service, however, there is no obligation for a User to provide their phone number on their User Profile.

User Responsibility

WNAN does not verify the qualifications and experience stated by Users in their Profile. Each User is responsible for checking references, and if desired, organising a police check, a working with Children Check and a review of work visa documents (if applicable).

You assume all risks associated with dealing with people you come into contact with through this Site, including but not limited to the risk of physical harm. When dealing with someone introduced to you online, including via this Site, WNAN recommends that you take reasonable precautions under the circumstances, such as meeting in a public place and verifying references

WNAN is not an Employment Agency. Other than to provide a forum to introduce Users to one another, WNAN does not participate in any contractual arrangement that may result from such introduction, nor does WNAN receive a payment when two Users agree to enter into such an arrangement.

Notice to Tasmanian & South Australian Residents: Legislation in Tasmania and South Australia prohibit you from registering as a Carer or Care Seeker in connection with job opportunities in those states.

Report Your Concerns

If you become aware of any who is not following our Community Guidelines, please contact us at info@weneedananny.com.au and we will investigate and address your concerns. WNAN reserves the right to restrict anyone from participating in our Community (including accessing our website, our Services, and contacting other members of the Community) at any time in the event WNAN determines that our Community Guidelines have been breached.

Terms & Conditions of Use

Last updated 15 December 2019.

WNAN may change these Terms from time to time, so please check back periodically. Each time you access the WNAN website (Site) or use any information or services provided by WNAN (Services). You accept the Community Guidelines (above) and Terms & Conditions of Use (Terms) set out below. Please read these Terms carefully. If you have any questions, please contact us at info@weneedananny.com.au.

USER ACCESS

WNAN is an Australian company that provides Services to Users residing in Australia. Although our Site may be accessed from locations outside of Australia, WNAN makes no representation that the Site complies with the laws (including intellectual property laws) of any country other than Australia.

If you access the Site from outside Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you access the Site.

Your Content

Users may post, upload, publish, submit or transmit relevant information and content (User Content) on the Site.

You agree that any content or information you post to our Site (including your Profile), complies with our Community Guidelines, our Privacy Policy, and that you have the right to post such content. You are solely-responsible for the content you post to our Site. By choosing to post content on the Site, you:

  • Represent and warrant to WNAN that you have all necessary rights to post the content;

  • Grant WNAN a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that User Content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) by any means of the Site and Services and permit us to authorise any other person to do the same thing; and

  • Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

Users must not post to their public Profile or Job Posting:

  • Personal contact details including home address, email address, or phone numbers,

  • Links to social media website (eg, Facebook, Instagram, Twitter);

  • Any confidential information.

Any User Content that is published publicly on our Site may be viewed by members of the public and you agree that such content is not confidential and does not contain personally identifiable information. Each User is solely responsible for all activities undertaken through such User’s account. If you believe there is unauthorized use of your account, You must notify WNAN immediately at info@weneedananny.com.au.

WNAN may at its sole discretion remove any User Content that WNAN determines is offensive or in our opinion is in breach of the Community Guidelines or these Terms, or is inappropriate or otherwise has the potential to harm, endanger or violate the rights of any person.

Prohibited Content and Conduct:

You must not access or use the Site in connection with any activities, or post or transmit any content:

  • Unless you hold all necessary rights, licenses and consents to do so;

  • That infringes the intellectual property or other rights of any person;

  • That may be deemed to be a breach any law, regulation, rule, code or other legal obligation by yourself, or by us as a result of your posting such content;

  • That is or could reasonably be considered by a person to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or

  • That may be reasonably considered to bring WNAN, or the Site, into disrepute (as determined by WNAN, in our sole discretion).

You must not access or use the Site to:

  • In any way that interferes with or inhibits any other User from using the Site;

  • Send unsolicited email messages;

  • Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or

  • Facilitate or assist a third party to do any of the above acts.

Subscription Fees and Payment

Users may register and browse most of the Site’s Content for Free.

Users pay a Subscription Fee to access certain Services (eg, to read emails, send and receive text messages, and access other Site resources). You choose the Site access that fits your needs:

  • One-Time Payment, providing User access for a number of months; or

  • Subscription Period, with recurring payments.

Prices for Services are stated in Australian Dollars and may change from time to time, as posted on our Site. Goods and Services Tax (GST) will be charged where applicable.

Payments are accepted by credit card (Visa, Mastercard, and bank debit cards) and PayPal. When making a payment by credit card, the User warrants that the information provided to WNAN is true, accurate and complete, that the User is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the User will maintain sufficient funds in the account to cover the purchase price.

It is your responsibility to check your credit card or Paypal account for any monthly charges from WNAN. If you dispute a WNAN Subscription Fee, you must contact WNAN within 21 days of the date the charge posted to your account. Any disputed charge notified to WNAN more than 21 days after posting, will not be refunded, regardless of whether you have accessed our Site during that time period.

1-Month Trial Guarantee

Each Users receives a one-time 30-day trial period to try our Services. If you are dissatisfied, you must email info@weneedananny.com.au before the end of the 30th day from the date the first subscription payment is received by WNAN and we will refund your subscription payment in FULL.

NOTE: If you re-register using a different email address, you will not be entitled to a second 30-day trial period. All refunds will be provided in accordance with the Australian Consumer Protection laws

We will provide a full refund after the 30-day guarantee period if you experience a major problem with this service.

Subscription Cancellation – Account Cancellation

Users may cancel their Subscription and/or account at any time. The User will not receive a pro-rata refund of a Subscription Fee in respect of the Subscription’s unused Site access period.

When you choose a Subscription, on the date each recurring payment is due, WNAN will automatically charge your credit card until the User cancels their subscription on our Site.

The registered User may delete their account, Profile and/or Job Posting(s) at any time.

Arrangements between Users - WNAN is Not an Employment Agent

Any contractual (eg, employment) arrangement between two Users, and the terms of such arrangement, is strictly between the Users.

WNAN has no employment, partnership, or agency affiliation with any User. WNAN is not a referrer or booking agent, or an employment agency. WNAN is not a party to any agreement or arrangement entered into between Users, and WNAN receives no compensation in connection with Users entering into a private arrangement, other than the WNAN subscription fee paid in respect of our Services.

Disputes

You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms or the Services provided by WNAN, prior to resorting to an external dispute resolution process. Please notify us in writing at info@weneedananny.com.au of any dispute and we will investigate it and promptly respond.

Dispute between Users

WNAN is not in any way responsible for a dispute between Users of this Site. WNAN will not mediate or become involved in disputes between Users or a User and a third-party. It is your responsibility to contact the relevant authorities or a legal advisor when you determine it is in your best interest to do so

You must not bring a claim against WNAN in connection with the acts or omissions of a User, or a third-party. As a User, you acknowledge and agree that any legal remedy or liability in connection with the acts or omissions of another User or a third-party, will be limited to a claim against such User or such third-party.

Revocable Licence to use the Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent.

Copyright and intellectual property rights

Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.

You agree that, as between you and us, we own all intellectual property rights in the Site (including intellectual property rights and moral rights you may have in any content you post to our Site), and that nothing in these Terms constitutes a transfer of any intellectual property rights.

You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:

  • Altering or modifying any of the code or the material on the Site;

  • Causing any of the material on the Site to be framed or embedded in another website;

  • Creating derivative works from the content of the Site; or

  • Using the Site for commercial purposes

Your use of the Site does not grant you a license to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner

Verification Checks

You acknowledge, authorize and consent to WNAN using personally identifiable information about you contained in your User Content (posted by you), to engaging a third-party (such as a government agency) to access public records for the purpose of:

  • Confirming your identity, and

  • Maintaining the integrity of the information, including User Content (such as content provided by you) on the Site; and

  • Evaluate your suitability for a WNAN membership.

You agree that WNAN has no obligation to perform a Verification Check on any User. If WNAN elects to undertake a Verification Check on any User, such Verification Checks are limited to publicly available information and may not be complete, accurate, up-to-date or conclusive in respect to the information provided.

Content of our Site

The content and information, including statements, opinions and documents (Content) contained on this Site is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice, and in particular, is not a substitute for professional legal, accounting or tax advice. Any reliance you place on the Content is at your own risk.

While we endeavour to keep the Site and its Content up-to-date and accurate, we make no representations, warranties or guarantee, express or implied, about the Information, including:

  • User Content: the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;

  • Third-Party Information: any resources, documents or other information provided by a third-party; or

  • Third-Party websites: any content, resources or information provided on a website controlled by a third-party.

Before acting on any information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice where desirable.

Access to our Site is conditional on and subject to the Terms of Use, including our Community Guidelines. Click to review the Community Guidelines.

Third-Party Information, links and websites

This Site may provide links to websites owned by third parties (Third-Party websites), including but not limited to user comments, guest articles, products or services advertised on such Third-Party websites (Third-Party Information). We do not control or have any responsibility for the content, access or conditions applicable to the access of Third-Party websites or Third-Party Information. You are solely responsible to make your own investigations and decisions with respect to the suitability of Third-Party websites and/or Third-Party Information for your individual circumstances.

Permitted Use and Prohibited Use

You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site, in compliance with Community Guidelines and these Terms (Permitted Use). Any use other than a Permitted Use, including without limitation, accessing or using WNAN Content in any way that competes with our business is prohibited (Prohibited Use). WNAN reserves the right to block any person from access to the Site and Content that, in our discretion, constitutes a Prohibited Use. WNAN may prosecute any User that violates this term for compensation for any loss that we may sustain (including consequential damages and lost profits) in connection with Prohibited Use.

Content Monitoring

WNAN as a publisher has no obligation to monitor content for any purpose and is not liable for the content posted by any User of the Site. All content provided by a User of this Site is the sole responsibility of that User.

However, WNAN may monitor Content uploaded or transmitted through the Site for the purpose of enforcing compliance with the Community Guidelines and these Terms. We reserve the right to amend or delete any and all of your Content, Third-Party Information and/or Third-Party webites (see below), and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.

Fraudulent Activity

In the event WNAN reasonably suspects the occurrence of fraudulent activities on the Site or impacting the Services (such as one User creating more than one Profile, or a User attempting to defraud other Users), WNAN reserves the right to:

  • Immediately terminate any User accounts WNAN determines, in its sole discretion, is connected with such activities;

  • Contact the relevant authorities and provide all necessary information and assistance in proceedings and investigations, and

notwithstanding our Privacy Policy, you agree that WNAN may provide any assistance, including access to your Profile and User Content, that WNAN, in its sole discretion, deems is required under the circumstances.

Delays and outages

We will use our best commercial endeavours to maintain the functionality of the Site and its components. However, WNAN does not promise that your access to the Site will be error free, that all defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any particular time.

We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions.

We do not warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.

User Account Termination

WNAN reserves the right to deny access to the Site and remove the accounts of offending Users without notice and without refund, if WNAN determines, at its sole discretion, that a User has violated any of the Community Guidelines or Terms or a User has committed an breach of the law via our Site or via our Services, including:

  • Remove or edit such User Content on the Site;

  • Deactivate the User Account, disable the user login and password; and /or

  • Block the User from accessing the Site, Profile, Content, and the Services

Non-Activity - Account Deactivation Policy

WNAN may deactivate and cancel your account based on non-use, eg:

  • If you do not access the Site for more than 6-months, your Profile may be shown as “inactive”, which means that your Profile will not appear in any search results.

  • Prior to deactivation, you will be notified by email via your registered email address that your Profile will be labeled “inactive” unless you access the Site.

  • Unless you notify us to delete your Profile, Inactive Profiles will be stored on WNAN database and may be reactivated by you for so long as it exists in our system.

NO ENDORSEMENT OF USER CONTENT

You, the user acknowledge and agree that you are the information content provider of your own content and that WNAN does not provide, edit or endorse the content of any member and is not responsible or liable for any content, even though it may be unlawful, harassing, defamatory, libelous, privacy invading, abusive, threatening, discriminatory, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that WNAN does not pre-screen all content, but that WNAN and its designees will have the right (but not the obligation) in their sole discretion to refuse, suspend, move or remove any content that is publicly available via the service.

CONSUMER GUARANTEES UNDER AUSTRALIAN CONSUMER LAW

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer the User with rights, warranties, guarantees and remedies relating to the provision of Services by WNAN to the User which cannot be excluded, restricted or modified (Statutory Rights). Nothing in these Terms excludes a User's Statutory Rights as a consumer under the ACL. The User agrees that WNAN's liability for Services provided to Users who are defined as consumers is governed solely by the ACL and these Terms.

If the User is a “consumer” as defined in the ACL, the following notice applies to the User from WNAN:

“WNAN guarantees that the Services supplied to the User are rendered with due care and skill; fit for the purpose that WNAN advertises, or that the User has told WNAN he, she or it is acquiring the Services for or for a result which the User has told WNAN he, she or it wishes the Services to achieve, unless WNAN considers and discloses that this purpose is not achievable; and will be supplied within a reasonable time. To the extent WNAN is unable to exclude liability; WNAN's total liability for loss or damage suffered or incurred by the User from the Services is limited to WNAN re-supplying the Services to the User, or, at WNAN's option, WNAN refunding to the User the amount he, she or it has paid WNAN for the Services to which his, her or its claim relates."

DISCLAIMER OF WARRANTY

WNAN and all products and services provided through its Sites (the “Service”) are provided "as is". WNAN excludes all conditions and warranties express or implied by custom, law or statute including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed, except for the User's Statutory Rights.

WNAN cannot in any way be held responsible for the accuracy or truthfulness of any of the information provided in any profile, complaint, or other user-generated content accessed through the Service.

Any arrangements made between you and other users of the Service are made solely at your discretion, expense and risk. To the fullest extent permitted by law, WNAN disclaims any warranties for the security, reliability, timeliness, content, results, and performance of the Service.

LIMITATION OF LIABILITY

You, the user, acknowledge and agree that WNAN will not be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WNAN has been advised of the possibility of such damages), resulting from:

1. The use of the Service or the inability to use the Service;

2. The cost of getting substitute services resulting from any products, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service;

3. The download or upload of any material through the Service;

4. Unauthorized access to or alteration of your data or transmissions;

5. The statements or conduct of anyone using or accessing the Service; or

6. Any other matter relating to the Service, including but not limited to any arrangements made between you and other users of the Service.

The disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

INDEMNIFICATION

You agree to protect, defend, and fully compensate WNAN, its affiliates, directors, owners, and service providers from and against any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from or related in any way to your use of the Service, your violation of the terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

Governing Law and Jurisdiction

All legal issues arising from or related to the use of this Service or WNAN's website shall be construed in accordance with the laws of New South Wales, Australia without regard to conflicts of law principles. Exclusive jurisdiction for any claim or dispute against WNAN resides in the courts of New South Wales, Australia.

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