Your Babysitter

Terms of Use

 

Your Babysitter Pty Ltd offers the following Terms and Conditions to all persons accessing this site for their personal use.

Acceptance of the Terms and Conditions is deemed by “any use or access”

This agreement contains the terms and conditions between Your Babysitter Pty Ltd (yourbabysitter.com.au) and you – Parents, Babysitters and/or Nannies OR all other persons ("the users") and includes the access and use of the services offered on the Yourbabysitter.com.au web site. You must read, agree with and accept all of the terms and conditions contained in this Terms and Conditions Agreement and the Privacy Policy also included on this site, which include those terms and conditions published, before you may become a member of Yourbabysitter.com.au. Use and access of this site constitutes an agreement to these Terms and by using this site, all Users do hereby represent, warrant, understand, agree to and accept all terms and conditions. We reserve the right, at our discretion, to update or revise these Terms. Your continued use of this site following the posting of any changes to the Terms constitutes acceptance of those changes. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the site or its services.

The Use of the Services and Information

Yourbabysitter.com.au is a database resource service enabling the introduction between Parents seeking babysitters and Babysitters or Nannies seeking to provide child minding and care services. The Babysitters listed on the Site are listings only and are not recommendations or referrals. The information provided by Yourbabysitter.com.au is believed to have come from reliable sources, including the individuals and facilities themselves or those sources open to the public. Users do hereby represent, understand and expressly agree that Yourbabysitter.com.au does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Babysitters, nor of the integrity, responsibility or any of the actions whatsoever of the Parents, Babysitters or Nannies and any other user of this site. All users, including both “the users” do hereby expressly agree not to hold Yourbabysitter.com.au, its officers, directors, employees, agents and third parties liable for any instruction, advice or services delivered which originated through this site and Yourbabysitter.com.au expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.

Payments and Transactions

Parents may seek the services of a Babysitter through the use of this site and Babysitters may submit information about their services to list on the site. ‘The users” must deal directly with each other to resolve any disputes. Yourbabysitter.com.au will not be held responsible and expressly disclaims any liability whatsoever for any claims and controversies that may arise for any disputes between any users. By using this site, you do hereby represent, understand, and expressly agree to hold Yourbabysitter.com.au harmless for any claim or controversy that may arise from any disputes between users of this site.

Yourbabysitter.com.au is ONLY an Information Resource

Yourbabysitter.com.au is a database resource service providing an introduction platform between “the users”. Yourbabysitter.com.au does not take part in the interaction between ‘the users” except to collect payments directly from them for venue services offered on this site. Yourbabysitter.com.au does not have control over the quality, timing or legality of services actually delivered by its “the users”. Yourbabysitter.com.au makes no representations about the suitability, reliability, timeliness, and accuracy of the childcare provided by “the users” through this site whether in public, private or offline interactions. Due to the nature of the Internet, Yourbabysitter.com.au cannot confirm that each “the users” is who they claim to be. Yourbabysitter.com.au does not assume any responsibility for the accuracy or reliability of this information or any information on this site. Yourbabysitter.com.au does not assume and expressly disclaims any liability that may result from the use of this information.
If you are a Babysitter or Nanny, you must identify your age during the registration process. Your Babysitter does not assume any responsibility for any misrepresentations regarding a Babysitter's age or parental consent when using this Site and should it be determined that a Babysitter or Nanny provided any false information to us when using this site, the Babysitter's membership will be terminated immediately.

Personal Indemnity

Because Yourbabysitter.com.au is not involved in the actual contact between “the users”, in the event that you have a dispute with one or more of “the users”, you release Yourbabysitter.com.au officers, directors, employees, agents and third parties from claims, demands or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Subscriptions and Payments

“The users” are required to pay for access to the services provided by the site, unless specifically notified otherwise. Members that sign up will pay a subscription fee by credit card transaction and must maintain current subscription charges for ongoing access to the site services. Yourbabysitter.com.au will use a third party service to process your credit card payments and  we expressly disclaim any liability for any damage that may result should any information you release to any third parties for this payment transaction. While Yourbabysitter.com.au will use its best efforts to ensure the privacy of all credit cards and all other personal information, “the user does hereby agrees not to hold Yourbabysitter.com.au liable for any damages that may result there from any such transaction

Membership Cancellation

If you would like to cancel your account, log into your Yourbabysitter.com.au account and click the “Home Page” tab in the 'Update My Profile' section.

Money Back Guarantees and Refunds

Due to the nature of its service, Yourbabysitter.com.au does not provide a money back guarantee. Yourbabysitter.com.au will consider refunds or credits for our errors.  “The users” must apply in writing to Your Babysitter Pty Ltd at the current contact address. Yourbabysitter.com.au will not refund any prorate adjustment to unused subscriptions.

Third Party Websites

This Site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Yourbabysitter.com.au, and you acknowledge that Yourbabysitter.com.au is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites AND THAT Yourbabysitter.com.au makes no representations regarding these sites. The inclusion of such a link does not imply endorsement of the site by Yourbabysitter.com.au or any association with its operators.
Yourbabysitter.com.au cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to the Yourbabysitter.com.au Site because these sites are owned and operated by independent companies and/or retailers. We do not endorse any of the goods or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Yourbabysitter.com.au does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. All “the users”, do hereby expressly agree not to hold Yourbabysitter.com.au, its officers, directors, employees, agents and third parties liable with respect to such sites and activity. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.

“the users” Information Agreement

“the users” hereby provide their agreement to yourbabysitter.com.au to use the information supplied and posted on the web site and:

  1. Grant Yourbabysitter.com.au and its associates the right to use, publish  and promote the content supplied for the express use of offering a database resource facility to the babysitting and childcare community
  2. Warrant and represent that you own and /or have the rights and consent  to the information supplied on you “Home Page” and the use of your content by Yourbabysitter.com.au will not infringe on any third party

Use of Information

The contents of this site, including, but not limited to, text, graphics, sounds, images and other material are owned by Yourbabysitter.com.au and third party service providers and are protected by Australian intellectual property laws. Unauthorized use of this site and published work may violate copyright, trademark and other laws.
You may not copy or adapt the HTML or other code that Yourbabysitter.com.au uses to generate its pages. This code is also protected by Yourbabysitter.com.au copyright and other intellectual property rights.

Site Use

General Rules: You may not use the Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable, in our sole discretion.

Security Rules: You may not violate or attempt to violate the security of this site or use this site to violate the security of other sites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any User of the Site, host or network, including, without limitation, via means of submitting a virus to this site, overloading, "flooding," "spamming," this site, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any Site packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Yourbabysitter.com.au may investigate violations of the Terms and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses: Without limitation, Yourbabysitter.com.au specifically prohibits any use of this site, and you may not use this site to distribute or otherwise publish, without our prior approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services; solicit other users of this site to join or become members of any online or other service; or delete or revise any material posted by any other person or entity.

Option to Remove: All chat and bulletin board communications are public and not private. Although we reserve the right to remove, without notice, any bulletin board posting for any reason, we have no obligation to delete content you may find objectionable or offensive.

Linking to the Site

If you would like to link to the site, you must comply with the following. A website that links to the Yourbabysitter.com.au website:
• may link only to home page of the site - http://www.yourbabysitter.com.au/;
• should not frame or create a browser or border environment around the site;
• should not imply that yourbabysitter.com.au is endorsing your website or your products or services;
• should not present false information about products or services on the site;
• should not use our trademarks or logos without prior permission from yourbabysitter.com.au; and
• should not contain content that we might consider distasteful or offensive.

Privacy

Please see Yourbabysitter.com.au Privacy Policy at http://www.yourbabysitter.com.au/privacy statement.aspx for details regarding our use of information collected from users of this site.

Liability

The Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of this site or its content. The use of this site and the content is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of this site at anytime without notice. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material you place on this site.

International Use

Yourbabysitter.com.au makes no representation that materials on this site are appropriate or available for use in locations outside Australia.

Law and Region of Jurisdiction

These Terms shall be governed in accordance with the laws of Australia. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of this site shall be filed only in the state or federal court located in the State of Queensland, Australia.

Severability and Emergence

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Yourbabysitter.com.au with respect to this site and supersedes all prior publications of the Terms (whether oral written) between “the users” and Yourbabysitter.com.au with respect to this site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

Yourbabysitter.com.au reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without cause and/or notice. Yourbabysitter.com.au reserves the right, at its sole discretion and without liability to you, to immediately terminate your ability to access the site and/or any other service we may provide to you, with or without cause. Without limiting the foregoing, we may terminate your access if we learn you have provided false or misleading information, interfered with other Users or the administration of our services, or otherwise not complied with any of these Terms