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MARKETPLACE TERMS AND CONDITIONS

WENEEDANANNY.COM PTY LTD

Welcome to our website! The WeNeedaNanny platform is owned by WeNeedaNanny Pty Ltd ABN 781 223 262 83 (referred to as WNAN).

By accessing or using the WNAN platform, you agree to be bound by these Terms and Conditions (Terms).All We Need a Nanny nannies and customers tick a box agreeing to our Terms when they join or register. A link to the Terms is located on the homepage. If you object to anything in, or otherwise do not agree to, these Terms you are not authorised to use the WNAN platform.

Our services are available only to individuals and companies that can form legally binding contracts under applicable law. You are wholly responsible for your participation on the site and use the site at your own risk. You agree to indemnify WNAN for all and any liability to which WNAN may be exposed.

1. Introductory Service Only - Not an Employment Agency

(a) The WNAN platform (the Services) provides an introductory service, a searchable directory and online forum to enable parents (Care Seekers) and those seeking potential work opportunities (Carers) to connect.

(i) Carers are able to create a profile (Carer Profile) on the platform, to advertise the availability of the services they provide (Carer Services) and contact Care Seekers using the platform and
(ii) Care Seekers will be able to create a job advertisement on the platform to post information regarding the services for which they are seeking, view Carer Profiles, and contact Carers using the platform.

(b) The Services are available at http://weneedananny.com.au (the Site).

(c) The WNAN platform is not an employment agency. By accessing or using the Site, you acknowledge that Carers are not employees, contractors, partners or agents of WNAN.

(d) Each User understands and agrees that the Site is an online introductory platform only, and that WNAN's responsibilities are limited to facilitating the availability of the Services.

(e) WNAN is not a party to any agreement entered into between a Carer and a Care Seeker. WNAN is not a referrer or booking agent, and provides no such related services. WNAN has no control over the conduct of Carers, Care Seekers and any other Users of the Services. WNAN disclaims all liability in this regard, as set out in these Terms.

(f) Any arrangement between a Carer and a Care Seeker is solely between the Carer and Care Seeker. It is strictly and expressly not part of the User's agreement with WNAN.

(g) WNAN is not an employment agency and does not have the resources to check the correctness of the qualifications and experience professed to be possessed by Carers who have offered their services and consequently, WNAN accepts no responsibility for any loss, expense or damage to property or persons arising directly or indirectly from Carers sourced using this service.

(h) WNAN does not verify, review, evaluate, interview, screen, vet or perform background checks on Carers or Care Seekers nor do we verify any content posted to the Site by a Carer, Care Seeker or others.

(i) As the employer it is the Care Seeker's responsibility to do all checks including but not limited to Working with children check, police check, references, insurance and First aid certifications.

(j) There are risks, including but not limited to risk of physical harm, when you deal with someone you connect with through our Site. You assume all risks associated with dealing with other persons with whom you come in contact through the Site.

2. Refunds :

In no event except those at weneedananny.com.au/guarantee.html will you be entitled to any refund of payments for chargeable services or features. In particular, Parents are not entitled to any refund if they fail to find a Carer via the site. We do not make any representation or guarantee that a Parent will find a Carer via the site, nor do we make any representation or guarantee that Carer will be available for employment in any area. Nor are parents entitled to a refund of any "unused" portion of their subscription if they wish to cancel ( or no longer require ) their subscription for any reason.

 

3. Our Contract with you

(a) These Terms form a binding legal agreement between WNAN and each person, organisation or entity using the Services (referred to as User). By using Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, please contact WNAN using the contact details at the end of these Terms.

(b) The User's use of the Services indicates that:

i. the User has had sufficient opportunity to access the Terms and contact WNAN.
ii. the User has read, accepted and will comply with the Terms.
iii. the User has legal capacity to enter into a contract for sale. and
iv. the User is 18 years or older. 
If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.

(c) WNAN may amend these Terms from time to time. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. If a User has reasonable grounds to believe that the varied Terms will be detrimental to their rights, the User may terminate this agreement without penalty. WNAN recommends that each User check the current Terms, before continuing use of the Services. WNAN's agents, employees and third parties do not have authority to change the Terms.

(d) These Terms supplement and incorporate the WNAN policies and terms and conditions, including without limitation the Website Terms of Use and Privacy Policy posted on the Site;

(e) WNAN's Privacy Policy sets out how WNAN collects, uses and protects the personal information of its Users. WNAN's Website Terms of Use governs Users' use of the Site. These documents are available on the Site.

4. Subscription and Payment

(a) Initial Payment: If you request a subscription, Care Seekers are required to pay the fee set out on our Site for Parents, and Carers (Initial Payment) (Fees).

(b) Monthly Subscription: Following the Initial Payment, Care Seekers will be charged the monthly subscription fee set out on our Site. Care Seekers may cancel their subscription at any time, on the Site. Carers are not required to pay any fees for their registration on our Site but may be required to pay Fees for any other Services that they request which are available on our Site. Please note there is no one month subscription option. It is a monthly subscription option which automatically renews at $20 a month (or as set out on our Site) until cancelled.You agree it is your responsibility to check your credit card or Paypal account for any monthly charges from WNAN and if you have a dispute to contact WNAN within 21 days. You agree that the maximum refund will be $20 if you contact WNAN within 21 days of the $20 being charged to you. You agree after 21 days of any $20 being charged to your account that there will be no refund whether you have used your account or not.

(c) Each Care Seeker subscription purchased allows one job ad to be posted on our site while the subscription is active, there will be a charge for extra job ads posted.

(d) Process: The User may pay for the Services by PayPal or credit card. The payment will be processed upon receipt of the request for a subscription. The User must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means. If a User's payment is not able to be successfully processed then the request for a subscription may be cancelled. In the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel its purchase for any reason and further each User agrees to satisfy all such payments made.

(e) Credit card: If the User makes 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.

(f) Amendments: WNAN's pricing structure or payment methods may be amended from time to time at its sole discretion. After a pricing change, each User has the choice to continue using the Site, or to cease to use the Site without penalty.

(g) GST: Goods and Services Tax (GST) will be charged where applicable.

5. Connecting Care Seekers and Carers to provide Care Services

(a) Overview: WNAN does not introduce or supply Carers to Care Seekers, nor do we select or propose specific Carers to Care Seekers or Care Seekers to Carers. Instead, we offer an online platform that enables Carers to post Profiles and interact with Care Seekers for potential work opportunities. Through our Site, Care Seekers may post information describing the services for which they are seeking care, the terms of such services and related information, and Carers may post profiles describing the services they provide as well as their experience, training, qualifications and related information.

(b) SMS: The Site allows Carers to put a 10 digit Australian mobile number on their Caregiver Profile. Care Seekers may use this number to send an SMS through the Site. The Carer will be able to see the mobile number belonging to a Care Seeker if and when the Care Seeker replies to an SMS sent from the Carer. If a Carer does not wish to receive SMS's through the Site then they should not provide their mobile number on their Profile. Care Seekers are allowed to send a maximum of 25 emails/SMSs in a 24 hour period.

(c) Communications: WNAN asks Users to limit their communication to topics which are relevant to WNAN's Site and Services. Users acknowledge and agree that when connecting with other Users, they are not permitted to use any foul or defamatory language, comments which incite fear, and/or any form of abuse, insults or personal attacks.

(d) WNAN not a party: If a Care Seeker contacts a Carer and requests Carer Services, any agreement entered into is between the Care Seeker and Carer, WNAN is not a party to the agreement.

(e) Manner and conduct: Care Seekers and Carers agree to act in a professional and responsible manner regarding provision of care services. Care Seekers and Carers agree to have prompt polite contact with each other, to make appropriate and safe arrangements regarding meeting, transport, the provision of care services, and to resolve any issues. Care Seekers agree to provide a safe working environment for the Carer.

(f) Scams: We urge you to be cautious when interacting with other Users. We take your online and offline security very seriously so have prepared a number of resources for Care Seekers and Carers to assist you when interacting with other Users, which can be accessed by Users when they login to their account. By registering with WNAN you agree you have read the information at weneedananny.com.au/scams.html and indemnify WNAN against any loss that occurs to you from a scam.

(g) Risk: 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. WNAN accepts no responsibility for the conduct of Users, nor does WNAN warrant that the information provided by Users is true or correct. WNAN does not verify, review or evaluate the Profiles created by Users.

(h) Payment from Care Seeker to Carer: Users are wholly responsible for understanding and complying with all applicable laws in relation to their hiring relationship. If the hiring relationship is deemed to be employment, then Care Seekers must pay at least the minimum payment required in any relevant award, or the minimum award rate, as outlined at www.fairwork.gov.au. If the hiring relationship is deemed to be contracting, then the Care Seeker and Carer need to make appropriate arrangements.
Care Seekers hire Carers directly: We are not a party to any agreement between a Carer and a Care Seeker. Care Seekers are the potential employers of Carers and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable employment standards legislation (including minimum wage laws), occupational health and safety legislation, and worker's compensation insurance or benefit programs).
It is the Carer's responsibility to have references, a police check, a working with Children Check and all work visa documents ( if applicable ) available for registered users to inspect. All registered users and Carers must update any information given to WNAN as and when their respective circumstances change. You must be currently living in Australia and have an Australian address as well as a current Australian working visa to register as a Carer on our site.

6. Online Registration, Your Account and Profiles

(a) Care Seekers, Carers and any other entity accessing the Site are together referred to as "Users".

(b) Users can browse and view some information from Carer and Care Seeker Profiles as an unregistered user of the Site. Users must register on the Site and create an account (Account) to access the Services on the Site, including creating a Profile and connecting with Care Seekers or Carers.

(c) Each User may only have one (1) Account on the Site including a Profile.

(d) Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, and location and select a username and password.

(e) Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. WNAN reserves the right to suspend or terminate any User's Account and his/her access to the Site and Services if any information provided to WNAN proves to be inaccurate, not current or incomplete.

(f) Users are not permitted to publish personal contact details including email address and phone numbers or any confidential information on their public profile or job posting. Please note this information is available to be seen by the public and you give us permission to publish it on our partner sites. By becoming a member you acknowledge that we may be compelled to disclose your personal details to any Government authority including the Australian Tax Office.

(g) Any content that you transmit or post on the site, or otherwise transmit to any other member of the site by any other means, will be considered non-confidential. For security reasons, you will not be permitted to post any personal contact details or confidential details on your profile or job posting including links to Facebook (or other third party website). We reserve the right, but have no obligation, to review any member's use of the site or to review any content transmitted or posted on the site or (where possible) transmitted to any member of the site by any other means.
Without limiting your responsibilities under these terms, we reserve the right to modify and/or remove any content that, in our opinion, violates these terms, is inappropriate or otherwise has the potential to harm, endanger or violate the rights of any person.

(h) To keep information secure and confidential, WNAN uses security measures including but not limited to SSL Certificates. Further information on the storage and security of personal information can be found in our Privacy Policy and Website Terms of Use, both on our Site.

(i) It is the User's responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.

(j) The User will immediately notify WNAN of any unauthorised use of its Account.

(k) Users who have created an Account are permitted to create Profiles. The User's Profile for its use of the Site is created from the information it provides to WNAN.

(l) Each User acknowledges and agrees that it is responsible for its own Profile.

(m) Users can access the Site to communicate with other Users and obtain or provide Carer Services.

(n) Each User should report to WNAN any activities or requests of Users which are, or which the User reasonably believes to be suspicious, inconsistent, illegal or likely to have a negative effect on the reputation of WNAN, the Site, the Services and/or a User.

(o) Each User acknowledges and agrees that while the Site enables Users to connect with each other, Users are not permitted to share the contact information of other Users.

(p) Each User represents and warrants that any information that it provides on its Profile:
i. will not breach any agreements it has entered into with any third parties;
ii. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and
iii. will not conflict with the rights of third parties.

(q) WNAN reserves the right, at any time and without prior notice, to remove or disable access to any Account for any reason, including Accounts that WNAN, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services. WNAN has no obligation to notify you of the reason for which your account was disabled or removed. You agree that if we receive a complaint about you that your account with us will be deleted from the site. You agree we do not have to contact you about these matters. Following any termination of any individual's use of the Site or the Services, we reserve the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual's registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's character, general reputation, personal characteristics, or mode of living. 

7. Tasmanian and South Australian Users

(a) Due to legislative requirements, you are not permitted to register as a Carer or Care Seeker if you are offering or seeking Carer or Care Seeker Services in Tasmania or South Australia.

8. Cancellation of Registration

(a) If a User wishes to cancel its subscription they can do so by logging in at anytime and clicking on "Cancel my subscription" or by writing an email via weneedananny.com.au/contact.html.

(b) No refunds will be made upon cancellation.

9. 7 day Free Trial Parent Subscription

(a) The 7 day free trial parent subscription allows a parent to join and post a job ad on our site. They will be able to see the response rate, view the profiles of nannies who have sent them messages but will not be able to read the content of the message or contact nannies until they pay by upgrading their subscription package.

10. Consumer Guarantees

(a) 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).

(b) 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."

(c) 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.

(d) WNAN excludes all conditions and warranties implied by custom, law or statute except for the User's Statutory Rights. Except for the User's Statutory Rights, all material and work is provided to the User without warranties of any kind, either express or implied, and WNAN expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

11. WNAN Intellectual Property

(a) All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site, and Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to WNAN (or its affiliates and/or third party licensors as applicable).

(b) The User agrees that, as between the User and WNAN, WNAN owns or holds the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by WNAN or the owner of the content.

(c) Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).

(d) WNAN's Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of WNAN or the applicable trademark holder or Intellectual Property owner.

(e) Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of WNAN or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.

12. Your User Licence

(a) Subject to these Terms, WNAN grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without WNAN's prior written consent.

(b) The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms.

(c) This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

13. Permitted and Prohibited Conduct

(a) The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property.

(b) The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services.

(c) The User must not post, upload, publish, submit or transmit any content that:

i. infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
ii. is fraudulent, false, misleading or deceptive;
iii. denigrates WNAN, the Site, Services, Carers and Care Seekers;
iv. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
v. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
vi. is violent or threatening or promotes violence or actions that are threatening to any other person; or
vii. promotes illegal or harmful activities or substances.

(d) In connection with the User's use of the Site and Services, the User may not and agrees that it will not:
i. use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;

ii. register for more than one Account or register for an Account on behalf of another individual and/or entity;

iii. use the Services to find a Carer and then complete, or assist another individual to complete, a Booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to WNAN's provision of the Services;

iv. Upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User or Profile;

v. submit any false or misleading information;

vi. as a Carer, offer any Carer Services that it does not intend to honour or cannot provide;

vii. as a Care Seeker, make any offers of employment to Carers that it does not intend to honour;

viii. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;

ix. copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;

x. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

xi. use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

xii. use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
xiii. stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;

xiv. use, display, mirror or frame the Site, or any individual element within the Site or Services, WNAN's name, any WNAN trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without WNAN's express written consent; or

xv. advocate, encourage, or assist any third party in doing any of the foregoing.

14. Your User Content

(a) Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to WNAN a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site and Services.

(b) The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site and Services. The User represents and warrants that:
i. it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to WNAN the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
ii. neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or WNAN's use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(c) WNAN may at its sole discretion remove any User Content that is offensive or in breach of these Terms.

15. Disclaimers

(a) WNAN does not guarantee that Carer Services will be requested by any Care Seekers nor does WNAN guarantee that Carers will be able to find suitable or desirable Carers, and/or Carer Services.

(b) WNAN does not endorse any Carer, Care Seeker, Profile, or Carer Services. WNAN does not perform any sort of background checks of Carers and Care Seekers, and does not confirm, any Carers or Care Seeker's identity, Profile or Carer Services.

(c) WNAN cannot and does not control the content contained in any Profiles or the condition, legality or suitability of any Care Seeker or Carer Services. Care Seekers are responsible for determining the identity and suitability of Carers that they contact via the Services and the Carer Services.

(d) WNAN accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. WNAN disclaims any and all liability related to any and all Carers, Care Seekers or Carer Services.

(e) WNAN recommends all Care Seekers check the identification of the Carers prior to the provision of the Carer Services. WNAN also recommends all Care Seekers exercise due skill and care in verifying the identity of any Carer prior to the provision of the Carer Services.

(f) By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Carers or Care Seekers or other third parties will be limited to a claim against the Carer or Care Seeker or other third party who caused it harm. WNAN encourages the User to communicate directly with the relevant User on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them. To use this site you agree that WNAN does not mediate disputes.

(g) To the fullest extent allowable under applicable law, WNAN disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.

(h) For the avoidance of doubt, WNAN is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. WNAN advises that all Users using the Site and Services should seek advice in relation to these matters.

(i) Each Carer and Care Seeker who uses the Site and the Services does so at their own risk.

(j) WNAN excludes all express and implied conditions and warranties, except for the User's Statutory Rights, to the fullest extent permitted by law, including but not limited to:
i. WNAN expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;

ii. WNAN does not warrant that the Site, the Services or any content on the Site, or the User's access to the Site or the Services will be error free, that any defects will be corrected or that the Site, or the server which stores and transmits material to the User is free of viruses or any other harmful components;

iii. WNAN takes no responsibility for, and will not be liable for, the Site, the Services, the Carers, the Care Seekers or Carer Services being unavailable, of a particular standard of workmanship, failing to meet the Profile description, , failing to meet the User's needs, or being of less than merchantable quality; and

iv. WNAN will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User's information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, content on the Site, inability to access or use the Site, the Services, any Profile, the Carer Services or the Terms, even if WNAN was expressly advised of the likelihood of such loss or damage.

v. WNAN does not warrant that the site is free from viruses, worms, trojan horses or other harmful components. WNAN takes reasonable measures to ensure that the information provided by users is disclosed only to those persons specified by users. WNAN cannot and does not, however, guarantee that the personal information entered by users will not be misappropriated, intercepted, deleted, destroyed or used by others. Users agree not to hold WNAN liable for any loss or damage of any sort incurred as a result of any such misappropriation, interception, deletion, destruction or use of information provided by users through the site. WNAN shall not be liable for any claim, injury or damage arising from the use or inability to use the site.

vi. While we use reasonable endeavours to ensure that the site is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the site may be suspended temporarily without notice in the case of system failure, maintenance or any reason beyond our control.

vii. The Site uses reasonable security measures in an attempt to keep User Information secure, including without limitation Secure Socket Layer (SSL) technology for sensitive User Information. However, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, WNAN does not represent or warrant that User Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. Any User Information is provided at User's own risk. WNAN expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any User Information, including without limitation to any acts by other Users or third parties with respect to such User Information.

(k) The User agrees not to attempt to impose liability on, or seek any legal remedy from WNAN with respect to such actions or omissions.

(l) Any advice that may be posted on the site or emailed to members is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal or other advice. WNAN makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

16. Limitation of Liability

(a) To the extent permitted by law, WNAN's total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to WNAN re-supplying the Services to the User, or, at WNAN's option, WNAN refunding to the User the amount it paid for the Services to which its claim relates. WNAN's total liability to the User for all damages in connection with the Services will not exceed the price paid by the User under these Terms for the 12 months period prior to the act which gave rise to the liability, or twenty five dollars (AUD$25) if no such payments have been made.

(b) The limitations of damages set forth above are fundamental elements of the basis of the bargain between WNAN and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.

(c) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of WNAN.

17. Indemnity

(a) Each User agrees to defend and indemnify and hold WNAN (and WNAN's officers, directors, investors, affiliates, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User's use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.

(b) WNAN reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.

(c) This defence and indemnification obligation will survive these Terms and the User's use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by WNAN without restriction.

18. Dispute Resolution

(a) By using our Site and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Carer, Care Seeker or other third party, will be limited to a claim against the Carer, Care Seeker or other third party, who caused harm to him or her.

(b) WNAN does not mediate disputes, registered users and Users should resolve disagreements between each other and it is their responsibility to contact the necessary authorities when required.

(c) WNAN welcomes feedback from its Users. WNAN seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff.

19. General

(a) Accuracy: While WNAN will endeavour to keep the information up to date and correct, WNAN makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and WNAN expressly excludes any liability for such to the fullest extent permissible by law.

(b) Termination: WNAN reserves the right to refuse supply of the Services required by any User, terminate any User's Account, terminate its contract with any User, and remove or edit content on the Site if the User commits a non-remediable breach or a remediable breach that is not remedied within 5 days, in its sole discretion. If WNAN decides to terminate a User's Account any of the following may occur, with or without notice to the User:
(a) the User's Account will be deactivated, its password will be disabled and it will not be able to access the Site, Service or its Account.

(c) Fraudulent Activities: Each User acknowledges and agrees that, in the event WNAN reasonably suspects that there are fraudulent activities occurring within the Site and Services, WNAN reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.

(d) Force Majeure: WNAN will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.

(e) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.

(f) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by WNAN of any of the Terms shall be effective unless WNAN expressly states that it is a waiver and WNAN communicates it to the User in writing.

(g) Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without WNAN's prior written consent.

(h) Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

(i) Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User's use of the Site or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts. The Site may be accessed throughout Australia excluding Tasmania. WNAN makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia.

(j) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between WNAN and each User, and supersede any prior agreement, understanding or arrangement between WNAN and each User, whether oral or in writing.

This website is not to be used for commercial purposes without
emailing info@weneedananny.com.au

For questions and notices, please contact:

WeNeedaNanny.com Pty Ltd ABN 78 122 326 283
info@weneedananny.com.au or through our online contact form

Last update: 28 August 2017

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