Terms & Conditions of Use
We Need a Nanny – Community Guidelines
Last Updated 31 December 2021
To ensure the Site is a safe place for all users, we have some Community Guidelines which you (and your Content) must comply with when using the Site.
Things you MUST do
- Respect others: Do not send unsolicited messages to other users or use the Site in any way that interferes with or inhibits any other user.
- Be honest: You warrant that all information you share, including on your Profile or your Job Listing is truthful and accurate.
- Respect the purpose of the Site: Only post information that is relevant to Care Services that you are seeking or offering.
- Respect intellectual property: Only post content that you have personally created or have permission to use and have properly attributed to the content creator.
- Be careful in your dealings with others: You are responsible for your online and personal safety. Be mindful of the personal information you choose to share, and do all you can to protect yourself and those close to you when engaging directly with others.
Things you MUST NOT do
You must not
- Post any defamatory, abusive, profane, threatening, offensive, or illegal material. Do not post anything that you would not want the world to see or that you would not want anyone to know came from you.
- Publish your personal contact information on your Profile or Job Listing, including your home address, email address, or phone number.
- Use the Site to post any advertisements for any products or services, other than Job Listings.
- Use the Site in any manner or for any purpose which is illegal or prohibited by law.
- Use the Site in a manner that is or could be taken by any others as being harmful, threatening, abusive, harassing, vulgar, obscene, invasive of privacy, immoral or otherwise offensive or illegal or prohibited by any law.
- Disclose or make available another person’s sensitive or confidential information without their consent.
- Use the Site in a manner that infringes (or could infringe) any person’s or entity’s intellectual property rights or any other proprietary rights.
- Use the Site in a manner that could interfere with, disable, disrupt, overburden or otherwise impair the Site.
- Gain (or attempt to gain) access to another user’s Account or any non-public portions of the Site.
- Upload, transmit, or distribute to or through the Site any viruses, worms, malicious code, or other software intended to interfere with the Site, including its security.
- Access, search, or collect data from the Site by any means except as permitted by these Terms.
- Use the Site in any manner that we reasonably believe to be unreasonable, inappropriate or an abuse of or fraud on us or another user.
- Use the Site in any manner that we believe to bring the Site or WNAN into disrepute.
We Need a Nanny - Terms and Conditions of Use
Last Updated 31 December 2021
“We Need A Nanny” is operated by Ceruleum Pty Ltd ACN 630 394 419 (WNAN, we, us, our). We provide an online job notice board for Carers and Care Seekers with a searchable database of Carer Profiles and advertisements for work opportunities, along with an online information forum (Services). These Terms and Conditions of Use (the Terms and Conditions) apply to your use of the Services located at https://www.weneedananny.com.au/ (Site).
You accept these Terms and Conditions when you use the Site, so please read them carefully. If you don’t agree with them, please don’t use our Site.
We will make changes to these Terms and Conditions from time to time. Those changes apply from the date we publish an updated version of the Terms and Conditions on the Site.
1. Using our Site
1.1 How you can use the site
You must be 18 years of age or older to use the Site and you must live in an Australian state or territory (other than South Australia or Tasmania).
Carers may create a Profile for Carer Services, describe their skill set, training, qualifications, prior experience and type of employment opportunity they are seeking and contact Care Seekers through the Site.
Care Seekers may create a Job Listing, view Carer Profiles, and contact Carers through the Site.
WNAN is not a referrer or booking agent, or an employment agency and does not have any employment, partnership, or agency affiliation with any user. WNAN is not involved in or a party to any arrangement, including a contractual or employment arrangement, entered into between two users. 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.
To become a Carer or Care Seeker, you must become a Registered User by making an account.
1.2 Making an account
You can register for an account and create a user name and password (Account). You must keep your username and/or password for that account confidential and secure.
You agree to provide us with accurate, complete, and current registration information. Accounts must be held by individuals and you must participate under your own name.
You are responsible for all activity on your Account. We rely on you to notify us if you become aware of any unauthorised use of or access to your Account. If you lose access to your Account or request information about your Account, we may ask you to provide information to help us verify your identity.
You can browse most of the Site for free. For example:
- Care Seekers can browse Carer Profiles, post Job Listings and receive applications from Carers.
- Carers can upload their Profile, browse Job Listings and read and send messages.
However, to access some other Site features, you must either make a one-time payment or upgrade to a WNAN subscription by making a recurring monthly payment (Subscription Fee).
- Care Seekers must subscribe to read messages and contact Carers directly using the Message Centre
- Carers can make an optional payment to achieve “Featured” status which allows their profile to be displayed at the top of search results and on Care Seekers’ dashboards
- Users can purchase SMS credits to send a message to a user’s mobile phone.
Payments are accepted by credit card and using the payment portal eWay. 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.
If you choose to upgrade to a subscription, WNAN will automatically charge the Subscription Fee using your nominated payment method each month. It is your responsibility to check your credit card for any monthly charges from WNAN. You can cancel a subscription at any time but you will not receive a pro-rata refund of a Subscription Fee in respect of the subscription’s unused Site access period.
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.
30-Day Money Back Guarantee
Each User is entitled to a one-time 30-day money back guarantee. If you are dissatisfied with the Services and wish to receive your money back, you must email firstname.lastname@example.org 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.
We will provide a full refund after the 30-day guarantee period if you experience a major problem with this service.
1.4 Site outages
We cannot promise that the Site and its functionality will always be available or error free. From time to time, we may experience site outages or be required to perform maintenance operations without notice to you, which may affect the continuous operation or functioning of the Site. We may at any time and without notice to you, discontinue the Site in whole or in part.
We do not accept any liability for damage or loss associated with the Site being unavailable.
2. Your content
2.1 What is Your Content?
You can use the Site to upload and publish materials including text, images, information, a Profile, a Job Listing and other data to or through the Site (Content). You retain ownership of any Content you upload and publish (Your Content). Other users retain ownership of any Content they upload and publish (User Content).We may use Your content as set out in clause 2.6 and as otherwise set out in these Terms
2.2 Acceptable use of the Site
Your Content and your use of the Site must comply with the Community Guidelines and these Terms and Conditions.
2.3 What happens if you don’t follow these Community Guidelines or the Terms?
If we think you haven’t followed the Community Guidelines or the Terms and Conditions generally, we may in our discretion:
- Ask you to stop it or fix it
- Remove or moderate Your Content
- Temporarily or permanently suspend your Account
- Remove privileges from your Account or add restrictions to your Account
- Terminate your account
2.4 Carer Profiles
If you are posting content to advertise your Carer Services through our Site, you represent and warrant to WNAN that you are lawfully able to provide the services advertised in the relevant State or Territory in which the services are advertised, and that you have all relevant approvals, licences, permits and checks (or similar) required to provide the services.
If you are posting content to advertise your Carer Services through our Site, you represent and warrant to WNAN that the advertisement will be accurate and will not be misleading or deceptive in any respect, or otherwise in breach of any law or regulation.
2.5 You are responsible for Your Content
You acknowledge and agree that you create and provide us with Your Content at your own risk. By submitting Your Content, you warrant that you have all necessary rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. You are personally responsible and liable for your Account and Your Content. We are not obliged to use, maintain or display Your Content on the Site, but we may use Your Content to publicise and promote us, our services and the Site. You are not entitled to any payment from us in respect of Your Content or our use of it. You warrant that Your Content does not contain any information that is confidential, defamatory, which may breach a third party’s intellectual property rights. You acknowledge that Your Content may be seen by all others on the Site (except where you modify your Account settings otherwise).
2.6 How we use Your Content
When you post Your Content on the Site, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable licence to use, reproduce, modify, distribute, broadcast and/or otherwise exploit part or all of Your Content in any medium (including but not limited to the Site), by any means and for any purpose (including commercial purposes), and to authorise others to do so. You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
This means that we can, for example, post your Job Listing or Profile on another platform providing equivalent or Services.
3. How we monitor, change and remove Content
We do not verify, approve, endorse, sanction, encourage, support or agree with Your Content or User Content uploaded or otherwise posted on the Site. Other users may post content which breaches our Terms. You should be careful when communicating with and interacting with other users of the Site.
We may at our discretion amend, supplement, delete or update Our Content, Your Content or User Content, without notice to you and at our sole discretion for any reason. Particularly, if we become aware of any defamatory, misleading, false, offensive or otherwise illegal material, we may remove such material without notice to you.
4. Verification checks
Except as required by law, we do not warrant that we will undertake a Verification Check on any user. However, we may, in our absolute discretion, elect to undertake a Verification Check on a user, in which case such Verification Check will be limited to publicly available information and may not be complete, accurate, up-to-date or conclusive in respect to the information provided.
You agree that we may use Your Content, including your personal information, to engage a third party (such as a government agency) to:
- Confirm your identity
- Maintain the integrity of the information on the Site; or
- Evaluate your suitability as a user, (a Verification Check)
5. Our content
The Site and all materials on the Site (except for Your Content and User Content) are owned by us (Our Content) or our third party licensors, which includes materials protected by copyright, trade mark and other intellectual property rights. You acknowledge and agree that you do not acquire any ownership rights whatsoever in Our Content by using the Site. All rights not expressly granted in these Terms are reserved.
Subject to your ongoing compliance with these Terms, we grant you a personal, non-transferable, non-exclusive, revocable, limited license to access and use the Site.
The materials and content we post on the Site, including but not limited to any “Resources”, are not comprehensive. They are intended to help inform users generally of common industry issues and concepts. We have not created Our Content with your specific needs, objectives or circumstances in mind and it should not be considered advice. We use reasonable efforts to ensure that Our Content is accurate, but to the extent permitted by law, we do not warrant, represent or guarantee the accuracy, currency or completeness of Our Content or the information available on the Site.
Third party websites may post statements, information, features, content, products or other materials on the Site from time to time (Third Party Posted Material).
You must not, except as permitted by law or with our permission:
- copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from, sell, re-sell or otherwise exploit any information or material on the Site, including Our Content, Third Party Posted Material and any other content or material owned by Linked Sites;
- alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from the Site which can be accessed through the Site, including Our Content, Third Party Posted Material and any other content or material owned by Linked Sites; or
- use or apply for commercial purposes any material or information on the Site, including Our Content, Third Party Posted Material and any other content or material owned by Linked Sites,
6. Third party information
The Site may contain links to third party websites, including social media sites, which in turn may contain hyperlinks to further third party websites (collectively, Linked Sites). These hyperlinks are provided for convenience only and you are responsible for evaluating whether you want to use a Linked Site.
You acknowledge that:
- when accessing and using any Linked Sites, you will be subject to their terms and conditions of use;
- we do not control or endorse and we are not responsible for any features, content, products or other materials on or available from a Linked Site;
- we are not a party to your relationship with the owners or operators of a Linked Site;
- any rights, claims or actions you may have in respect of a Linked Site may only be brought directly against the owners or operators of the Linked Site; and
- we may receive payments and/or commissions from owners or operators of Linked Sites and you will not have any claims, benefits or rights on these payments.
7. Liability and indemnity
To the extent permitted by law, neither we, nor our directors, officers, agents, employees or contractors are liable to you for any claims, loss, damage or costs suffered or incurred by you in connection with the Site, including your use of the Services, the availability of the Site and Services, the download or upload of any material through the Site, unauthorised access to or alteration of your data or transmissions or the security, reliability, timeliness, content, results and performance of the Service. We exclude and will not be liable for any special, consequential or indirect loss or damage in connection with the Site. Our maximum aggregate liability to you in connection with the Site must not exceed A$100.
You indemnify and hold harmless us, our directors, officers, agents, employees and contractors in respect of any and all claims, loss, damage or costs (including legal costs on a full indemnity basis) suffered or incurred by us, however arising (whether in negligence or otherwise), in connection with: (a) your use or misuse of or reliance on the Site, Our Content, User Content and any content accessed through the Site; (b) your failure to comply with these Terms; (c) Your Content; or (d) your breach of law or any third party’s intellectual property rights.
7.2 Your dealings with other users
We display User Content such as Profiles and Job Listings posted by Carers and Care Seekers on the Site. Displaying a Profile or Job Listing does not mean that we recommend or endorse the user and each user is solely responsible for the content of their Profile or Job Listing (including hyperlinks to Linked Sites and any representations made in connection with the Profile or Job Listing).
Notwithstanding clause 4, we do not warrant that we have verified the qualifications and experience of any Carer as stated in their Profile or Job Listing or confirm the accuracy of any User Content. Care Seekers are responsible for checking references, qualifications and suitability of Carers and conducting other checks such as police, visa and Working with Children checks.
Without limiting clause 7.1 or the preceding paragraphs, you acknowledge that:
- we are not liable to you in relation to the statements or conduct of any user, including the accuracy of such statements or conduct, or any arrangements you enter into with another user or the cost of obtaining substitute Care Services;
- You assume all risks associated with dealing with other users on or from this Site. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of a Profile or Job Listing on the Site.
- We are not liable for the breach of these terms and conditions by any other user.
7.3 Australian Consumer Law
Consumers have certain rights under the Australian Consumer Law and similar state and territory legislation (ACL). If you have rights under the ACL in respect of the Site, including rights arising from any statutory guarantee, nothing in these Terms operates to exclude them. Subject to the preceding sentence, you acknowledge that the Site is provided “as is” and your use of the Site, Our Content, Your Content, User Content, Linked Sites and Third Party Posted Material, is entirely at your own risk and are provided without warranty, either express or implied including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed.
7.4 Disputes between users
You release WNAN from all liability in connection with the acts or omissions of a user or a third party and acknowledge that WNAN is not responsible for the acts or omissions of a user and will not mediate or become involved in any disputes between users or with third parties.
Any commercial or contractual arrangement between two users is strictly between those users and does not concern WNAN.
9. Complying with the law
The laws of New South Wales and Australia govern our terms and policies. If any part of them is found to be invalid or unenforceable, it will be removed without affecting the rest.
10. Reporting users and giving feedback
If you have reasonable grounds to suspect that another user has breached these terms or would like to give feedback or make a complaint, please contact email@example.com.
As a job-posting forum, we are not able to take any action on your behalf against another user except as set out in these Terms and Conditions, for example terminate a user’s account or removing their Content.
Account means the registered account created by a user.
Carer means a user with a registered Account who creates a Profile or browses and/or responds to Job Listings.
Carer Seeker means a user with a registered Account, who posts a Job Listing or browses and/or responds to Carer Profiles.
Carer Services means childcare and associated services provided by a Carer to a Care Seeker.
Job means an engagement to provide Carer Services.
Job Listing means an advertisement published by a Care Seeker, in relation to their available Job.
Profile means an online identity created by a Carer to advertise their available Carer Services on the Site.
Services means the publication of Profiles and Job Listings created by Carers and Care Seekers, the facilitation of communication between users and the publication of resources.