Terms of use

THE TERMS OF USE COVERS THE FOLLOWING: •        CONTRACT
•        HOW DO I REGISTER TO BECOME A MEMBER OF THE SITE?
•        HOW THE SITE WORKS
•        PROFILE
•        CONDUCT
•        ENDORSMENTS/FEEDBACK
•        USER COMMENTS
•        RESTRICTIONS OF USE OF SITE
•        PAYMENT/REFUND POLICY
•        CANCELLATION/TERMINATION
•        RELEASE OF LIABILITY FOR USER CONDUCT AND DISPUTES
•        DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION
•        USER COMMENTS
•        LIMITATION OF LIABILITY
•        TRADE SECRETS
•        TRADEMARKS/COPYRIGHT


We have recently updated these terms and conditions (“Terms of Use”). Please review these Terms of Use carefully as they govern your use of the Mybabysitter.com.au website (the “Site”) and your use of our services.

In accordance with Anti-Spam legislation, by accepting our Terms of Use, you agree that Mybabysitter.com.au can stay in touch with you by way of email, and phone.

By accessing, browsing or using the Mybabysitter.com.au website, you are agreeing to be bound by these Terms of Use and all applicable laws and regulations (both national and international). IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE Mybabysitter.com.au WEBSITE AND MAY NOT USE THE SERVICES.


Mybabysitter.com.au may, in its sole discretion, modify or revise these Terms of Use from time to time without notice and you agree to be bound by such modification or revisions. You should visit this page periodically to review these Terms of Use. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

CONTRACT
Your use of our Site and our Services indicates that you have had sufficient opportunity to access the Terms and contact us, that you have read, accepted and will comply with the Terms, that you have legal capacity to enter into a legally binding contract, and that you are eighteen (18) years or older. If this is not correct, or if you do not agree to the Terms, you are not permitted to use our Services. For Junior Carers: Your use of our Site and our Services indicates that both you and your parent or guardian have had sufficient opportunity to access the Terms and contact us, that both you and your parent or guardian have read, accepted and will comply with the Terms, and that both you and your parent or guardian have legal capacity to enter into a legally binding contract. If you do not agree to the Terms, you are not permitted to use our Services.

HOW DO I REGISTER TO BECOME A MEMBER OF THE SITE?
In order to access certain services and functions on the site, you are required to register as a member of the site. Babysitters, nannies, tutors, pet sitters and carers must be aged 16 and over and legally able to work in Australia in order to register and advertise their availability on the site. Parents must pay the nominated fee to become a member of the site. Parents are not permitted to share accounts. Babysitters, nannies, tutors, pet sitters and carers are not permitted to create multiple profiles.


DUE TO LEGISLATIVE REQUIREMENTS IN TASMANIA, YOU ARE NOT PERMITTED TO REGISTER AS A CARER OR PARENT IF YOU ARE OFFERING OR SEEKING CHILD CARE SERVICES IN THAT JURISDICTION.

Basic information is required when registering on our Site as a Parent or Adult, Nannie, Babysitter, Tutor, Carer, Pet Handler or a Guardian, including name and email address. Junior Carers are also required to provide the name, phone number and email address of a parent or Guardian.

Junior Carers are required to have their Account approved by a parent or guardian (Guardian). Request for approval will be sent to the email address of the guardian provided when the Junior Carer registers on our Site. The Guardian will be required to click on the link provided in the email and confirm their approval of the Junior Carer Account, their registration as a Guardian member and their acceptance of these Terms Mybabysitter.com.au will not activate a Junior Carer’s Accounts without confirmation of approval.

The Guardian of a Junior Carer will be provided with their own log in details to access the Junior Carer’s Account. The Guardian’s access will be restricted to setting the maximum travel distance for Babysitting jobs, and editing the Junior Carer's base location. Otherwise, the Guardian will have read-only access to the whole of the Junior Carer's account, and will receive copies of message notification emails for any first contacts, or all messages if requested, from other parents on the site.

Each Junior Carer Account will change to a Carer Account when the Junior Carer reaches 18 years of age, upon confirmation by the Junior Carer.
Each Parent and Carer agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Mybabysitter.com.au reserves the right to suspend or terminate your Account and your access to the Site and Services if any information provided to us, including for the Site, proves to be false, untrue, inaccurate, not current or incomplete.

Businesses and organisations, including child care centre operators, nanny or babysitting agencies and recruitment companies are not permitted to register as a Parent or Babysitters, Nannies, Tutors, Pet Sitters and Carers on the site. The site is for the personal use of individual members only. The site must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails without our express consent.

When registering as a member, you must provide us with true, accurate, complete and up-to-date information as requested. All personal information you provide to us will be treated in accordance with our Privacy Policy. Members are not permitted to publish personal contact details including email address, and phone numbers on their public profile statement, job description, or feedback ratings. By becoming a member, you acknowledge and agree that we may be compelled to disclose your personal details, including to any Government authority, such as the Australian Tax Office.

You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session. We may at any time request a form of identification to verify your identity and/or your compliance with these terms.

HOW THE SITE WORKS
Mybabysitter.com.au is a babysitters, nannies, tutors, pet sitters and carers job site. It is a place where babysitters, nannies, tutors, pet sitters and carers can advertise their care services and Parents can post child care job opportunities and make initial contact with babysitters, nannies, tutors, pet sitters and carers. It is NOT an employment agency and we are NOT involved in any employment or other relationship between Parents or Adults, Nannies, Babysitters, Tutors, Carer’s or a Pet Handler. We have not vetted, and we do not recommend, babysitters, nannies, tutors, pet sitters and carers listed on the site. Parents are wholly responsible for all aspects of contacting, screening, selecting and employing a babysitter, nannie, tutor, pet sitter and a carer. Members are wholly responsible for complying with all applicable laws in relation to their employment relationship. We are not responsible for the conduct of any member of the site, either online or offline.

PROFILE
Carers must be:
•        eighteen (18) years or older;
•        legally able to work in Australia; and
•        fit for work with or around children.
Junior Carers must be:
•        fifteen (15) to seventeen (17) years old;
•        legally able to work in Australia; and
•        fit for work with or around children.
Carers are able to:
•        create Profiles which can be viewed by all Users of the Site;
•        respond to Ads posted by Parents or Adults;
•        communicate with Parents through the internal messaging system  available on the Site; and
•        provide reviews on Parents and Ads.
Junior Carers are able to:
•        Create Profiles;
•        respond to Ads posted by Parents or Adults;
•        communicate with Parents or Adults through the internal messaging system available on the Site; and
•        provide reviews on Parents, Adults and Ads.
•        You agree to provide truthful, accurate, current and complete information during the registration process, and to update your information to keep it accurate, current and complete.
•        If a Parent requests a Nannie, Babysitter, Tutor, Carer or a Pet Handler Services, any agreement entered into is between the Parent, Adult and Nannie, Babysitter, Tutor, Carer or a Pet Handler. We are not a party to the agreement.
•        Each Nannie, Babysitter, Tutor, Carer or a Pet Handler represents and warrants that any content that they provide and any Profile that they post:
•        will not breach any agreements you have entered into with any third parties;
•        will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Nannie, Babysitter, Tutor, Carer or a Pet Handler in your local area and country; and
•        will not conflict with the rights of third parties.
•        Each Nannie, Babysitter, Tutor, Carer or a Pet Handler acknowledges and agrees that he or she is responsible for their Profile and that their Profiles can be viewed by the general public.
•        Each Junior Carer acknowledges and agrees that he or she is responsible for their Profile and that their Profiles can be viewed on the Site.
•        We assume no responsibility for a Nannie, Babysitter, Tutor, Carer or a Pet Handler compliance with any applicable laws, rules and regulations. Mybabysitter.com.au will endeavor to monitor any suspicious usage of the Site, by Parents, Adults, Nannie, Babysitter, Tutor, Carer or a Pet Handler, Junior Carers, Users and other third parties. This includes, but is not limited to, the following:
•        monitoring Parents who only contact Junior Carers for Services; and
•        monitoring Parents who attempt to contact Junior Carers outside of their locality.

Mybabysitter.com.au does not provide any form of insurance. Nannies, Babysitters, Tutors, Carer’s and Pet Handlers and Junior Carers are to make their own arrangements to ensure that adequate insurance coverage is affected and maintained in relation to the products and services that they provide via the Services.

CONDUCT
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site and Services. In connection with your use of our Site and Services, you may not and you agree that you will not:
•        Use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
•        Register for more than one (1) Account as a Parent and one (1) Account as a Nannie, Babysitter, Tutor, Carer or a Pet Handler or register for an Account on behalf of an individual other than yourself;
•        Use the Services to find a Nannies, Babysitters, Tutors, Carer’s and Pet Handlers and then 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 Mybabysitter.com.au provision of the Services;
•        Submit any false or misleading information;
•        As a Nannie, Babysitter, Tutor, Carer or a Pet Handler, offer any Services that you do not intend to honor or cannot provide;
•        As a Parent or Adult, make any offers, through the Ads or other forms of communication, to a Nannie, Babysitter, Tutor, Carer or a Pet Handler that you do not intend to honour or cannot provide;
•        As a Parent or Adult, contact any Nannie, Babysitter, Tutor, Carer or a Pet Handler for any purpose that is not related to a Profile or their Service;
•        Violate any local, state, federal, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
•        Copy, store or otherwise access any information contained on the Site and Services or Content for purposes not expressly permitted by these Terms;
•        Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
•        Use or attempt to use any engines, software, tools, or other mechanisms (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the commonly recognized search engine and agents, and other than generally available third-party web browsers;
•        Attempt to decipher, decompile, disassemble or reverse engineer any of the code or software comprising in or in any way making up a part of the Site and/or Services;
•        Use our 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;
•        Use our Site or Services in connection with the distribution of unsolicited commercial email, i.e., spam or advertisements;
•        Perform any acts which will interfere with the proper working of the Site or Services;
•        Stalk or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Parent Adult or Nannie, Nannies, Babysitters, Tutors, Carer’s and Pet Handlers
•        Use, display, mirror or frame the Site, or any individual element within the Site, Services, Mybabysitter.com.au name, any MY BABY SITTER trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mybabysitter.com.au express written consent;
•        Collecting or attempting to collect the information of other Users of the Site including usernames and passwords;
•        Participating in a denial-of-service attack against this Site or Services;
•        Engaging in any screen scraping or data acquisition and consolidation; or
•        Advocate, encourage, or assist any third party in doing any of the foregoing.

ENDORSMENTS/FEEDBACK
•        After Services have been provided, Parents, Adults and Nannies, Babysitters, Tutors, Carer’s and Pet Handlers will be able to provide an endorsement of each other (Endorsement).
•        Endorsements can be checked by the recipient of the Endorsement (Recipient) in the Recipient’s Account. The Recipient can decide whether or not to publish the Endorsement on their Account. The Recipient may also delete any Endorsements.
•        Endorsements cannot be edited or deleted by the User who created the Endorsement (Endorser) after the Endorsement has been sent. To amend an Endorsement, the Endorsement needs to be deleted by the Recipient, and the Endorser can then create a new Endorsement.
•        Once an Endorsement is published, the Endorsement is viewable by the public and will remain viewable for as long as the Parent or Carer has an active Account and/or Profile.
•        You must provide true, fair and accurate information when you provide an Endorsement.
•        Mybabysitter.com.au can delete or amend an Endorsement at any time.
•        If you consider that an Endorsement about you is untrue, unfair or inaccurate, please contact us.
•        Mybabysitter.com.au does not undertake to review each Endorsement. Mybabysitter.com.au has no responsibility or liability for Endorsements, to the extent permissible by law.

USER COMMENTS
We appreciate hearing from our Users and we welcome comments regarding our Site and Services. Please be advised, however, that we will not accept or consider creative ideas, suggestions, inventions or material other than those that we have specifically requested.

If you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (referred to as your "Submission"), the Submission shall be the property of Mybabysitter.com.au.None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. Mybabysitter.com.au shall own exclusively all now known or later discovered rights to the submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.

RESTRICTIONS OF USE OF SITE
Except as otherwise set out herein, you agree not to use the Site for any commercial use, without the prior written authorization of Mybabysitter.com.au . Without limiting the generality of the forgoing, prohibited commercial uses include use of the Site and/or the Information for the primary purpose of gaining advertising or subscription revenue, the sale of advertising on any third-party website, and/or use of the Site by any job posting company, home childcare providers, nanny agencies, or baby-sitting companies without Mybabysitter.com.au express approval.
You agree that you will comply with any request by Mybabysitter.com.au  that you take down any Information or Designated Information you post on any website.
You acknowledge that if you are an employer, employee, agent or owner of a company or commercial enterprise that refers, brokers or introduces parents, caregivers or USERS to childcare providers, caregivers and/or Job Seekers and register as either a Parent or as a Job Seeker on the Site, your registration on the Site is contrary to these Terms of Use and may result in legal action.

PAYMENT/REFUND POLICY
Automatic Subscription, Renewal and Cancellation of Premium Memberships for Nannies, Babysitters, Tutors, Carers and Pet Handlers. Unless you explicitly decline automatic subscription renewals, your Premium Membership subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period as the subscription term you originally selected and at the subscription rate and frequency disclosed to you on the Site when you originally subscribed.


FREE TRIAL OFFERS
Mybabysitter.com.au may offer limited-time free trial Premium Membership subscriptions to Parents and Adults. If a Parent or Adult does not cancel their subscription prior to the end of the free trial period, the Parent or Adult will be charged the price then in effect for a monthly subscription to the Service, unless otherwise provided to him or her when he or she originally subscribed. To avoid being charged for Premium Membership services, a Parent or Adult with a free trial subscription must cancel their subscription prior to the end of the free trial period.

CANCELLATION/TERMINATION
You may cancel your subscription by emailing membership@mybabysitter.com.au or adjusting your account settings. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires; you will need to give 48 hours for the cancellation to take effect prior to your renewal date.
Accounts may be cancelled by a User by contacting us though the contact page on the site. Or go to My Account and
We may, in our sole discretion, immediately suspend or terminate your Account and access to our Site and Services if:
We are unable to verify or authenticate any information that you have submitted to the Site; or
•        There are allegations against a Parent or Carer, including, but not limited to, theft, property damage, inappropriate behaviour, negligence, or other acts or omissions which would bring the Site or Services into disrepute.

Once you cancel your account you agree it is your responsibility to check your credit card account for any $29 monthly charges from mybabysitter.com.au, and if you have a dispute to contact Mybabysitter.com.au within 21 days. You agree that the maximum refund will be $29 if you contact Mybabysitter.com.au within 21 days of the $29 being charged to you. You agree after 21 days of any $29 being charged to your account that there will be no refund whether you have used your account or not.

RELEASE OF LIABILITY FOR USER CONDUCT AND DISPUTES
We are not an employer of Nannies, Babysitters, Tutors, Carer’s and Pet Handlers nor are we an employment agency or a recruitment agency for any Parent or Adult. Nannies, Babysitters, Tutors, Carer’s and Pet Handlers may seek the services of a Parent or Adult through the use of the Site or Services, and Nannies, Babysitters, Tutors, Carer’s and Pet Handlers may post profiles and submit proposals to Parents or Adults regarding their services. However, any agreement between a Nannies, Babysitters, Tutors, Carer’s and Pet Handlers and a Parent or Adult regarding the provision of services is solely between the Nannies, Babysitters, Tutors, Carer’s and Pet Handlers and the Parent or Adult; Mybabysitter.com.au is not a party to any such agreement. Any issues concerning the conduct of a Nannies, Babysitters, Tutors, Carer’s and Pet Handlers or Parent or Adult including, without limitation, the services received by the Nannies, Babysitters, Tutors and Pet Handlers or payment due to the Parent or Adult, must be resolved directly by the Nannies, Babysitters, Tutors, Carer’s and Pet Handlers and the Parents and Adults. Mybabysitter.com.au will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to indemnify and hold Mybabysitter.com.au harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. You agree to take reasonable precautions in all interactions with other users of the Site or the Services, particularly if you decide to meet offline or in person. In addition, you agree to visit our Safety Centre prior to using the Service. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to Mybabysitter.com.au immediately by notifying Mybabysitter.com.au of the same via electronic correspondence.

DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION
No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Mybabysitter.com.au, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYBABYSITTER.COM.AU DOES NOT:
(1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS;
(2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN MYBABYSITTER.COM.AU;
(3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR
(4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS;
(5) WARRANT THE SUITABILITY OF ANY REGISTERED USER OF OUR SITE TO PROVIDE SERVICES AS A NANNIE, BABYSITTER, TUTOR, CARER AND PET HANDLER OR TO EMPLOY THE SERVICES OF A NANNIE, BABYSITTER, TUTOR, CARER AND PET HANDLER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYBABYSITTER.COM.AU EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES, AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

ASSUMPTION OF RISK
YOU ARE AWARE THAT THERE ARE MANY RISKS AND DANGERS IN MAKING EMPLOYMENT AND HIRING DECISIONS FOR NANNIES, BABYSITTERS, TUTORS, CARERS AND PET HANDLERS SERVICES. THESE RISKS AND DANGERS INCLUDE PHYSICAL AND MENTAL ABUSE, BODILY HARM, MENTAL DISTRESS AND THEFT, NEGLIGENCE OF OTHER USERS, AND THE FAILURE OF OTHERS TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT YOU FROM THE RISKS AND DANGERS.

YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS AND DANGERS WHEN USING THE SITE AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH REGISTERED USERS OF THE SITE OR THE SERVICES. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER SITE VISITORS OR REGISTERED USERS.

LIMITATION OF LIABILITY
NOTHING IN THESE TERMS PURPORTS TO MODIFY OR EXCLUDE ANY CONDITION, WARRANTY OR GUARANTEE THAT CAN NOT BE EXCLUDED UNDER AUSTRALIAN LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW. TO THE EXTENT THAT ANY CONDITION, WARRANTY OR GUARANTEE CAN NOT BE EXCLUDED UNDER AUSTRALIAN LAW, MYBABYSITTER.COM.AU’S LIABILITY FOR BREACH OF SUCH CONDITION, WARRANTY OR GUARANTEE IS LIMITED (AT MYBABYSITTER.COM.AU’S ELECTION) TO RE-SUPPLY OF THE RELEVANT SERVICES OR PAYMENT OF THE COST OF RE-SUPPLY OF THE RELEVANT SERVICES. INDIRECT LOSSES AND AGGREGATE LIABILITY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL MYBABYSITTER.COM.AU BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, EQUITY OR OTHERWISE, FOR ANY ”INDIRECT LOSSES” BEING LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF USE AND ANY DAMAGES, LOSSES OR EXPENSES THAT MAY NOT FAIRLY AND REASONABLY BE CONSIDERED TO ARISE DIRECTLY AND NATURALLY, THAT IS ACCORDING TO THE USUAL COURSE OF THINGS, FROM THE BREACH OR OTHER WRONGFUL ACT OR OMISSION RELATING TO THE SITE, SERVICES OR THESE TERMS GIVING RISE TO THE RELEVANT LIABILITY. WITHOUT LIMITING THE FOREGOING, MYBABYSITTER.COM.AU HAS NO LIABILITY FOR INDIRECT LOSSES ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION DAMAGES RELATED TO ANY INFORMATION RECEIVED FROM THE SITE OR SERVICES, REMOVAL OF CONTENT FROM THE SITE, INCLUDING PROFILE INFORMATION, ANY EMAIL DISTRIBUTED TO ANY USER OR ANY LINKED WEB SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY TERMINATION OF YOUR SUBSCRIPTION OR ABILITY TO ACCESS THE SITE OR SERVICES, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF MYBABYSITTER.COM.AU, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL MYBABYSITTER.COM.AU AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, EQUITY OR OTHERWISE, IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR USE OF THE SERVICES, OR, IF YOU HAVE NOT PAID MYBABYSITTER.COM.AU FOR THE USE OF ANY SERVICES, THE AMOUNT OF $29.00 OR ITS EQUIVALENT.

NO LIABILITY FOR NON- MYBABYSITTER.COM.AU ACTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Mybabysitter.com.au BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR, INDIRECT LOSSES ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENCES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.


JURISDICTION AND CHOICE OF LAW
Any dispute arising out of the Site and/or the Services or otherwise relating to these Terms shall be governed by and construed in accordance with the laws of QUEENSLAND, Australia without regard to its conflict of law provisions. You expressly agree and consent to the exclusive jurisdiction and venue of the courts of QUEENSLAND, Australia for the resolution of any such dispute.

USER COMMENTS
We appreciate hearing from our Users and we welcome comments regarding our Site and Services. Please be advised, however, that we will not accept or consider creative ideas, suggestions, inventions or material other than those that we have specifically requested.

If you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (referred to as your "Submission"), the Submission shall be the property of Mybabysitter.com.au. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. Mybabysitter.com.au shall own exclusively all now known or later discovered rights to the submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission

DISCLAIMERS
•        Mybabysitter.com.au does not guarantee that Carers and Carer Services will be requested by any Parents, nor do we guarantee that Parents will be able to find desirable Carers.
•        Mybabysitter.com.au does not endorse any Parent, Carer, Profile or Carer Services. We require Parents and Carers to confirm that they have provided accurate information. MYBABYSITTER does not perform any sort of background checks of Parents and Carers, and do not confirm, any Parent or Carer’s identity, Profile or Carer Services.
•        Mybabysitter.com.au cannot and does not control the content contained in any Profiles or the condition, legality or suitability of any Carer or Carer Services. Parents are responsible for determining the identity and suitability of Carers that they contact via the Site.
•        Mybabysitter.com.au accepts no responsibility for and makes no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.
•        Mybabysitter.com.au is not responsible whatsoever for any deletion, correction, destruction, damage or loss of files and data. All Users are expected to have their own backup of all files and data that are transferred or uploaded to our Site.
•        Mybabysitter.com.au disclaims any and all liability related to any and all Parents, Carers, Profiles and Carer Services. For the avoidance of doubt, Mybabysitter.com.au will not be responsible or liable for:
•        Any harm, loss or damage, directly or indirectly, caused to a Parent or Carer by another Parent, Carer or User of the Site, including any damage to property or reputation; and
•        Any misuse of information of a Parent or Carer by any User of the Site.
•        By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Parents or Carers or other third parties will be limited to a claim against the Parent or Carer or other third party who caused you harm. We encourage you to communicate directly with the relevant Parent or Carer on the Site and Services regarding any communications or arrangements made between you and to resolve any dispute between you. You acknowledge that Mybabysitter.com.au will play no role in the resolution of disputes between you and another Parent, Carer or other third party who caused you harm.
•        To the fullest extent allowable under applicable law, we disclaim 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.
•        For the avoidance of doubt, Mybabysitter.com.au is not responsible for any taxation, visa or immigration matters associated under these Terms. We advise that all Parents and Carers using our Site and Services to seek their own advice in relation to these matters.
•        Each Parent and Carer who uses the Site and the Services do so at their own risk.
•        We exclude all express and implied conditions and warranties, except for your Rights, to the fullest extent permitted by law, including but not limited to:
•        Mybabysitter.com.au expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
•        Mybabysitter.com.au does not warrant that the Site, the Services, content on the Site or Apps (including pictures, videos, sound clips, resumes, links etc.), or your 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 you are free of viruses or any other harmful components;
•        Mybabysitter.com.au takes no responsibility for, and will not be liable for, the Site, the Services, the Parents, the Carers and Carer Services being unavailable, failing to meet the Ad or Profile description, failing to meet your needs, or of being less than merchantable quality; and
•        Mybabysitter.com.au will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special , consequential and/or incidental, exemplary or consequential damages, 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 or bodily injury 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 your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, Services, Content, inability to access or use the Site, the Services, the Profile, the Ads, the Carer Services, or the Terms, even if MYBABYSITTER was expressly advised of the likelihood of such loss or damage.
•        You agree not to attempt to impose liability on, or seek any legal remedy from Mybabysitter.com.au with respect to such actions or omissions.

LIMITATION OF LIABILITY
Our total liability arising out of or in connection with the Site, the Apps, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between Mybabysitter.com.au and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

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 Mybabysitter.com.au.

TRADE SECRETS
Information collected through our Site is considered a trade secret of the Company. As the owner of such information, we may disclose such information as an asset of the company in conjunction with the sale to a third party of our company or a portion of our assets. Any Personal Information that is disclosed to such a third party will remain subject to the protections in the National Privacy Principle

TRADEMARKS/COPYRIGHT
All material provided about the Company is copyright to MY BABY SITTER PTY/LTD
and the various trusts it represents as Trustee and is to be used for personal reference only.
All right, title and interest in the Company trademarks is vested in the Company and the various trusts that it represents as a Trustee.

The site is protected by Australian and International copyright and other intellectual property laws. You may download material on this site for your personal, non-commercial use only. You must obtain our express written permission to reproduce any part of the site or other intellectual property owned by us or to create a link to the site.

Our Site contains material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Site (Collective Content). Mybabysitter.com.au and all material used in connection with the Site are unregistered or registered trademarks of MY BABY SITTER PTY LTD.

Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Mybabysitter.com.au (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business; trade, business company or organization names; internet domain names; and Site content, images and layout.

You agree that, as between you and us, we own all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the copyright which subsists in all creative and literary works displayed in the Site and Services. ThSite and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Mybabysitter.com.au or the owner of the content.
Other trademarks, service marks, graphics and logos used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
Our Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Mybabysitter.com.au or the applicable trademark holder.
Users of the Site do not obtain any interest or license in the Intellectual Property or Third Party Marks without the prior written permission of Mybabysitter.com.au or the applicable trademark holder. Parents and Adults and Nannies, Babysitters, Tutors, Carer’s and Pet Handlers may not do anything which interferes with or breaches the Intellectual Property rights.