Thank you for choosing Nanny Match.
1.1 Nanny Match provides Nanny Match’s nanny recruitment services via www.nannymatch.com.au (Service) to you, the employer. Nanny Match also provides services to job-hunters on the Service.
2.1 By using the Service (including by viewing or submitting any emails), you agree to be bound by these terms and conditions of use (Terms). Please use the Service only if you have read, understood and agree to the Terms.
USING THE SERVICE
3.1 When using the Service, you promise that you will: (a) use it for the purpose of posting job opportunities for your genuine childcare needs only and will not use it in connection with any other purpose; (b) only contribute legal, accurate, current, appropriate and original (or properly licensed) content; (c) not criticise or damage the reputation of Nanny Match or any person or entity whose details, image or business features on the Service; (d) not infringe any intellectual property rights of any entity whose intellectual property (including logos, copy and other content) is made available by Nanny Match on the Service; (e) not engage in any discriminatory conduct (including discrimination on the basis of race, gender, sexual preference, age, physical or mental disability, pregnancy, marriage status, nationality, religion, political views, membership of a union or party; (f) not disclose the personal information of any person without consent or send any electronic communication to any person without their consent; (g) not behave in an intimidatory, aggressive, hateful or threatening way; (h) not mislead, deceive or carry out any illegal or criminal purpose on or via the Service.
3.2 Each advertisement you upload to the Nanny Match website concerning a job opportunity must relate to a single role or position only. If you have advertised multiple roles in the one job advertisement, Nanny Match may (at its sole discretion):
(a) charge you for each of the roles advertised as if they were contained in separate advertisements; (b) remove the advertisement from the Nanny Match website; or (c) exercise any of its rights under clause 8.1.
3.3 Please ensure that the information you upload or post is complete and accurate. Where necessary, please update your information. If your information is inaccurate, incomplete or outdated Nanny Match’s ability to provide the Service may be compromised.
3.4 By using the Service, you promise that you will deal with all job-hunters in a fair and lawful manner including but not limited to ensuring your conduct complies with your obligations under the Fair Work Act 2009 (Cth), Competition and Consumer Act 2010 (Cth), Age Discrimination Act 2004 (Cth), Disability Discrimination Act 1992 (Cth), Racial Discrimination Act 1975 (Cth) and Sex Discrimination Act 1984 (Cth).
3.5 You must keep your candidate’s names and contact details confidential and take reasonable steps to stop unauthorised users from using them. You must notify Nanny Match immediately if any of these is lost or is or may have been disclosed to an unauthorised user. We can disable your ad if we are contacted about any breach of your account’s security.
3.6 You acknowledge and agree that your right to use the Service may be revoked if you breach any of these Terms.
4.1 Nanny Match provides the job board on which job-hunters and families may exchange content. It is not the author of any content provided by such users and does not control the behaviour of users. To the extent permitted by law, the Service is provided to you on an “as is” basis. The Service may contain errors, faults and inaccuracies and may not be complete or current.
4.2 Nanny Match makes no representations about the operation or suitability of the Service for any particular purpose; the availability, performance, security, characteristics or operation of the Service; or the truthfulness or reliability of content provided by any third party.
4.3 Nanny Match makes no representations or warranties with respect to the availability, suitability, skills, experience, attitude, output, content, or behaviour of any job-hunter using the Service (including whether or not they will comply with any meetings, directions, policies, employment or other contractual obligations or any applicable laws). Those issues are issues between the job-hunter and you.
4.4 Nanny Match makes no representations or warranties with respect to the amount of applications you receive from job-hunters using the service.
6.1 The text, images, designs, graphics, pictures, applications, software, music, sound files, animation files, video files and their arrangement on the Service (including third party content) (Service Content) are all subject to copyright and other intellectual property protection laws in Australia.
6.2 Nanny Match and/or its related entities are the owners or licensees of all Service Content. Apart from any use that is permitted under the Copyright Act 1968 (Cth) all rights are reserved.
6.3 Service Content may not be copied, reproduced, adapted, reposted to other Internet sites; or otherwise transmitted or distributed, without Nanny Match’s consent. Some Service Content is subject to the copyright rights of third party content providers, including job-hunters, contributors and advertisers.
6.4 You acknowledge that: all intellectual property rights in the Service Content throughout the world belong to Nanny Match or its related entities, Nanny Match’s suppliers or Service users; and these Terms do not transfer title to any intellectual property in the Service Content to you.
6.5 You may provide text on the Service to assist with your nanny-finding activities (Your Content). When you provide Your Content, you grant to Nanny Match and its related entities a non-exclusive, transferable, sub-licensable licence to use Your Content to conduct the Service.
7.1 You agree that your use of the Service is subject to these Terms and is at your sole risk.
7.2 You agree that you are solely responsible for the implications of any of your acts or omissions in connection with selecting, engaging and working with any person you encounter on the Service and that you are responsible for assessing any information or opinion expressed on or by the Service and that each decision and action you take is taken independently, with an opportunity to obtain independent advice (including legal advice) and having regard to your unique circumstances.
7.3 To the extent permitted by law, you agree that Nanny Match will not be responsible or liable for any damages, economic loss or other loss whatsoever arising out of, or in any way related to: any matter in respect of which liability is excluded under clause 4.2 or 4.3; a failure to hire or find any suitable person or persons; the modification, interruption, suspension or discontinuation of the Service; any technical faults which impact on the availability or use of the Service; or your use of the Service or any Service Content.
7.4 Certain legislation (including the Australian Consumer Law) may impose consumer guarantees or obligations upon Nanny Match which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions.
7.5 Nanny Match limits its liability to you: (a) under any applicable consumer guarantees in the Australian Consumer Law in relation to the supply: (1) of services to either, at Nanny Match’s discretion, the supply of the relevant service again or the payment of the cost of having those services supplied again; and (2) of goods to either, at Nanny Match’s discretion: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and
(b) for breach of agreement, negligence, breach of statutory duty or any other cause of action other than a breach of an applicable consumer guarantee (regardless of how that liability is caused including without limitation the negligence or breach of Nanny Match), arising under this agreement or related to Nanny Match’s goods or services, in aggregate to the total fees paid by you in the preceding 12 month period.
TERMINATION, SUSPENSION OR TAKING DOWN CONTENT
8.1 Nanny Match may, in its sole discretion, temporarily or permanently suspend or terminate the rights granted to you under these Terms or remove or take down Your Content if Nanny Match suspects in its sole discretion that you are not complying with the Terms or that you pose a threat to the Service or any of its users or that your conduct is inconsistent with Nanny Match’s brand values.
8.2 Nanny Match will not be liable for any cost, expense or damages whatsoever for suspension or termination of your use.
9.1 Nanny Match may charge you fees for posting job ads according to the current price list available on the Nanny Match website.
9.2 Nanny Match may change fees from time to time and will give notice of fee changes by posting such changes on the website. Promotional offers and prices are valid only for the offer period.
9.3 Nanny Match may suspend or terminate use of the Service if fees are not paid.
9.4 As otherwise set out in these Terms or required by law, Nanny Match is not required to provide a refund for change of mind or where your use of the Service does not generate the desired responses or results.
CONTACT AND DISPUTES
10.1 Nanny Match is responsible for addressing any questions, comments or claims relating to the Service and your use of them. If you have any comments, questions, complaints relating to the Service, or would like to report a violation of any of these Terms, please contact firstname.lastname@example.org.
10.2 Nanny Match will not become involved in disputes between you and another job-hunter or a talent-hunter unless the dispute impacts of Nanny Match’s legal rights or obligations.
10.3 You agree to use reasonable efforts to resolve any dispute you have with Nanny Match before issuing proceedings based on the dispute.
11.1 These Terms are governed by the laws of Victoria, Australia.
11.2 These Terms are the entire agreement of the parties in relation to the use of the Service and supersede all other representations, understandings or agreements.
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Melbourne VIC 3053