Terms and Conditions

Marvellous Nanny Services Terms of Service

We are Marvellous Nanny Services (ABN 37 506 084 599).

These terms and conditions are intended to apply as between Marvellous Nanny Services ("we", "our", "us") and you as the Family or the Nanny in relation to the provision of our services to you.

Where you are the Nanny, you acknowledge and agree that you are entering into this agreement in your own name and you represent that you are legally bound to these terms.

1 THIS AGREEMENT AND OUR SERVICES

1.1 In this document:

(a) Family means a Family Subscriber and, as the case may be, the family members or associates of the Family Subscriber for whom the Family Subscriber is seeking Nanny Services;

(b) Family Subscriber means any person accessing the website or purchasing our Services with a view to obtaining Nanny Services for their Family;

(i) our provision to you of access to and use of the website; and

(ii) our consideration of your application to either provide or receive Nanny Services and, as applicable, to introduce Families to Nannies for that purpose.

(d) Nanny means a person who applies to us and satisfies us (within our sole discretion) that they are suitable to provide Nanny Services to Families;

(e) Nanny Services means the childcare or child-sitting services, offered by the Nanny to Families, from time to time, including any services described at our website as "nanny duties".

1.2 When you click "I Agree" or "Ok" when signing up to or logging into the website, you are, as the Family Subscriber or Nanny (as applicable), agreeing to these terms (Terms), which will constitute a legally binding agreement between you and us which will continue to apply while you continue to use or access the Services.

1.3 If you do not wish to agree to and abide by these Terms, you must not click "I Agree" or "Ok" as the case may be.

1.4 You agree that you will be bound by these Terms.

1.5 In return for your compliance with these Terms, we will provide you with the Services you order and pay for from us.

1.6 There is no fee payable to read information about our Services available on our website, but we may charge a fee for Services you can purchase from our website.

1.7 Access to the Services will be provided after you have signed up, been authenticated and signified your agreement to these Terms. You will be asked to agree again to these Terms if they have changed since your last login.

1.8 You agree that you will be bound by these Terms each time you access the website and use the Services and will be bound by these Terms unless you or we terminate this agreement in accordance with its terms.

2 PROVISION OF THE SERVICES TO YOU

2.1 In return for your compliance with these Terms, we will provide or make available to you the Services to the extent of their availability from time to time.

2.2 Our Services operate only to facilitate and recommend a suitable Nanny or Family for the purpose of Family Subscribers purchasing Nanny Services from a Nanny.

2.3 We may refer, on our website or in communications with you, to various Nannies and their services. Any inclusion on our website or in communications with you of references to a particular Nanny's services, unless we specifically tell you otherwise, does not by itself imply any endorsement by us of any of that particular Nanny's services.

2.4 If you wish to apply to us to be a Nanny to be considered for provision of Nanny Services to Families, you must apply to us (including providing us all of the information) as set out on our website.

2.5 Similarly, if you wish to apply to us as a Family Subscriber to be introduced to a Nanny for the provision of Nanny Services to you/your Family, you must apply to us (including providing us all of the information) as set out on our website.

2.6 We will assess each such application (by a Nanny or a Family Subscriber as the case may be) on its own merits and may accept or reject any applications at our sole discretion. We are not required to give you any reasons for any rejection or conditional acceptance of your application.

3 DISCLAIMERS – WHAT WE DO NOT PROVIDE TO YOU

3.1 We are not in any way a provider of any Nanny Services. Any provision of Nanny Services to a Family whether or not arranged through our introduction will be an arrangement directly between the relevant Family Subscriber and the Nanny.

3.2 Although we may assess a Nanny's suitability to provide the Nanny Services to a given Family (or to Families generally), we cannot guarantee that the Nanny is qualified to nor legally able to provide Nanny Services, and we make no warranty that their Nanny Services will be of any specific quality or type, or that they will provide any particular outcome for a given Family.

3.3 We will accept no liability whatsoever for any adverse consequences to any Family arising out of introduction to a Nanny or the Family's access to or use of any Nanny Services.

3.4 Similarly, although we may assess a Family's suitability to receive Nanny Services from a given Nanny, we cannot guarantee that the Family or anyone in it will be compatible with the Nanny, and we make no warranty that providing Nanny Services to the Family will provide any particular outcome for the Nanny.

3.5 We will accept no liability whatsoever for any adverse consequences to any Nanny arising out of introduction to a Family or provision of Nanny Services to a Family.

3.6 We do not guarantee that our website or the materials on it nor the content of any Services to which we give you access will be free from viruses or that access to any of those things will be uninterrupted. You also must provide your own internet connection to access our website and any related Services as we do not provide internet connections.

3.7 We may terminate your access to this website at any time without notice and for any reason. All restrictions, licences granted by you and all disclaimers and limitations of our liability in these Terms will survive termination, although you will no longer be authorised to access the website.

3.8 Any communication or material that you transmit to or post on our website by any means, including any data, questions, comments, suggestions or anything else, will be treated as non-confidential and non-proprietary information, and you now grant us a perpetual, irrevocable and royalty-free licence to use any such communication for any purpose we see fit.

3.9 You will not, nor attempt to:

(a) provide, publish, post or create a link to any page or part of our website or Services without our express written permission;

(b) link directly to any page of our website or any part of our Services other than via normal navigation of the website without our written consent;

(c) post or transmit to the website any unlawful, threatening, libellous, defamatory, obscene, dangerous, inflammatory, pornographic or profane material, any material that could constitute or encourage conduct that will be considered a criminal offence, give rise to civil liability or would otherwise violate any laws, nor any materials, malware, spyware, computer viruses or other materials which may adversely affect the security or content of the website or Services;

(d) violate the security or any security measures of our website or any of our Services nor that of any of our systems and networks;

(e) access any data on or from our website or Services which are not intended for you;

(f) probe, scan or test the vulnerability of our website or Services or any of our systems or networks;

(g) interfere with service to any other user of our website or Services; nor

(h) use any device, software or routine to interfere or attempt to interfere with the proper working of, any activity being conducted on or via, our website, or Services.

3.10 You agree that:

(a) our website might not at any given time be actively monitored whether during or outside business hours, and the information contained on the website, published and made available by us or by a Nanny is presented "as is" and has not in any way been tailored to suit your own personal circumstances; and

(b) we have absolute discretion to edit, decline to post or remove in whole or in part any information or material you provide or post to or via our website or Services.

3.11 Material on, in or made available via our website or Services may contain general information about us and our Services, or those of other parties with whom we deal or do business. Unless expressly stated otherwise, this information:

(d) other than these terms and conditions set out in this document, does not form part of the terms and conditions for any of our Services or those of any other parties referred to on or in our website or Services; and

(e) does not mean that we are in any way affiliated with any other parties or businesses referred to (if any).

3.12 We do not warrant the accuracy, adequacy or completeness of any information on and available from our website.

3.13 As a convenience, our website may from time to time include links or references to other websites and/or materials, including the Nanny's websites and/or materials which are beyond our control ("Other Sites"). We do not review or monitor any websites linked to our website or to any Other Sites and we are not responsible for content on any websites outside our website and Services.

3.14 If you access any Other Sites, you do so at your sole risk and subject to the terms and conditions of those sites.

3.15 Any inclusion on our website of any links or references to Other Sites does not by itself imply any endorsement by us of those Other Sites or the content contained on them.

3.16 We do not warrant the safety or accuracy of the content on any Other Sites.

3.17 If you are allocated any login details or other user codes or passwords for your identification or access to the website, you must keep them private and confidential and must not allow anyone else to log into the website using those details or codes unless we specifically permit otherwise.

4 FEES

4.1 Our Fees are payable by Family Subscribers to whom we introduce a Nanny and the total Fee will be as set out on our website.

4.2 A 50% deposit is payable initially and then once a Nanny is recruited by a Family Subscriber the final 50% of payment will be due.

4.3 Our Fees include a 3-month cooling off period from the date the Nanny commences the Nanny Services with the Family. During this 3-month period, if the Family's Nanny resigns, or should you decide the Nanny is not a good fit for your family, we will use our best endeavours to recommend and introduce another Nanny to you at no additional cost. This nanny will not be replaced if the family has mistreated their nanny.

4.4 Our Fees are not for the provision of Nanny Services. Families will need to pay the Nanny separately for the Nanny Services under an agreement reached directly between the Nanny and the Family (or someone on behalf of the Family). The Nanny's fees are entirely a matter for the Nanny and are payable in addition to and separately from our Fees.

4.5 The Nanny will be (and we will not be) responsible for collecting from the Family the Nanny's fees for their Nanny Services.

4.6 Our Tax Invoice may contain more detailed pricing and payment information than is contained in this clause, and if so, those more detailed terms will apply in addition to these terms and conditions. These terms and conditions should be read together with any details in the Tax Invoice but in the event of any clear inconsistency between the Tax Invoice and these terms and conditions, the details in the Tax Invoice shall prevail.

4.7 Unless stated otherwise, all prices in the Tax Invoice is exclusive of GST.

4.8 Unless we notify you otherwise, you may pay any fees to us via EFT in accordance with our Tax Invoice terms.

5 FAMILY SUBSCRIBER WARRANTIES

5.1 You warrant that, at all times you access any part of the Services or receive any Nanny Services following an introduction we have arranged, you:

(a) are aged 18 years or more;

(b) will at all times:

(i) provide only accurate and current information via the Services;

(ii) keep that information up to date;

(c) will, if you are required to register to use the Services, provide us with sufficient personal information to allow us to identify you, and you warrant further that you will keep this data up to date so that our records of that information remain current, complete and accurate;

(d) will be responsible for:

(i) any damage or injury to the Nanny or any property of the Nanny or any third party caused directly by you;

(ii) assessing and determining the suitability of the Nanny, their qualifications, validity of licences, employee and/or any relevant history checks, and their overall fitness for carrying out and delivering their Nanny Services to your Family.

5.2 You acknowledge that any purchase of the Nanny's services will or may create a binding contract between you (or someone else on behalf of the Family) and the Nanny, separate from these Terms.

5.3 You will give respectful treatment to your Nanny:

Parents/guardians must treat their nanny with respect, professionalism, and courtesy at all times. This includes, but is not limited to:

(a) Refraining from any form of verbal, physical, emotional, or psychological abuse or misconduct.

(b) Ensuring a safe and supportive working environment.

(d) Complying with agreed-upon work schedules, duties, and payment terms.

Failure to uphold these standards may result in the immediate revocation of services without prior notice.

6 NANNY WARRANTIES

You warrant that, at all times you access any part of the Services or provide any Nanny Services following an introduction we have arranged, you:

(a) are aged 18 years or more;

(b) will maintain responsibility for any qualifications, licences, certificates required to deliver your Nanny Services;

(c) are duly licensed and qualified in accordance with any legal requirements to be able to promote and provide your Nanny Services in the manner in which you provide and represent providing them;

(d) will be responsible for any damage or injury to any Family or third party or any property of the Family or third party caused directly by you;

(e) have disclosed all matters (if any) which may disqualify you from providing your services to Families;

(f) will maintain booking capacity and information, directly with the Family and ensure this information provided to us and provided to the Family is up to date;

(g) will provide accurate and up to date information on the website or as requested by us or the Family;

(h) will be responsible for assessing and determining your suitability of providing your services to the Family, their suitability to receive your services, and/or any relevant history checks of the Family, and determining any risk associated with carrying out and delivering your Nanny Services to the Family (or generally); and

(a) acknowledge that any purchase of your services will or may create a binding contact between you and the Family (or someone on its behalf) separate from these Terms.

7 WARRANTIES, LIABILITY AND INDEMNITIES

7.1 Without limiting any matters set out under heading 3, as a Family Subscriber, you acknowledge and agree that we do not:

(a) (notwithstanding our best endeavours to recommend a suitable Nanny) make any warranty, guarantee or representation:

(i) as to the quality, fitness for purpose or otherwise of the Nanny's services;

(ii) that any particular Nanny Services or Nanny's services:

(A) will be available for purchase;

(B) are free from any risk;

(C) will yield any particular results nor meet any needs you may have nor that any of them are suited to your particular needs nor that they would or could comply with any particular standards; and

(b) accept (and you undertake not to assert that we have or will have) any liability for any damages, cost or loss of any nature suffered by you arising in any way directly or indirectly out of your ordering or use (or attempts at any of the foregoing) of any particular Nanny Services, Nanny's services nor any dealings you have, had or may have with any Nanny.

7.2 Without limiting any matters set out under heading 3, as a Nanny, you acknowledge and agree that we do not:

(a) make any warranty, guarantee or representation:

(i) as to the suitability of the Family for your business nor as to their preparedness to comply with whatever agreement or deal they may make with you nor that they are prepared to make or adhere to any such agreement or deal;

(ii) that any Families will purchase anything from you nor wish to deal with you in any way;

(iii) that our Services nor your use of any of them will yield any particular results nor meet any needs you may have nor that any of them are suited to your particular needs nor that they would or could comply with any particular standards; and

(b) accept (and you undertake not to assert that we have or will have) any liability for any damages, cost or loss of any nature suffered by you arising in any way directly or indirectly out of your dealings you have, had or may have at any time with any Family.

7.3 There shall be no service warranties except for those provided in these Terms. All other warranties, including any implied warranties for fitness for use or merchantability or any other duties required under common law are excluded to the extent permitted by law.

7.4 We will not be liable for any special, indirect or consequential damages, loss of profit, loss of goodwill, loss of business opportunity, loss of revenue or any other damage, costs, expenses or other claims even if such claims or damages arose as a result of our negligence, a Nanny's negligence, a Family's negligence or under any other tortious action while providing the Services to you or as a result of your use of our Services.

7.5 We do not warrant and are not liable for any actions, omissions or information provided by any other person using our website or Services, including any Nanny or Family.

7.6 In consideration for being given access to our website or Services, you release and forever discharge us, our employees, servants and agents and each of them from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether direct, indirect, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of our website, products or Services or any of the links provided on, in or via the website or Services or reliance by you or any person upon information contained within or made available via our website or Services.

7.7 Subject to our compliance with the terms of this Agreement, you will be liable for and indemnify us, our employees, servants and agents and each of them jointly and severally against any loss, damage, expense or cost of any nature (including, without limitation, full solicitor and client legal costs on an indemnity basis) that any of them incurs or may incur (whether directly, indirectly or consequentially or otherwise) arising out of your use of our website or Services or any of their contents or from any breach by you of these terms and conditions, or any claim made against us by a Family or Nanny arising in any way out of their dealings with you.

7.8 Provisions of the Australian Consumer Law and other statutes from time to time in force in Australia may imply warranties or conditions or impose obligations upon us which cannot be excluded or modified. This Agreement must be read and interpreted subject to such statutory provisions or any other similar provisions.

7.9 Our liability and that of our employees, servants or agents for any breach of any condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:

(i) the supply of the relevant Services again; or

(ii) payment of the cost of having the Services supplied again.

8 INTELLECTUAL PROPERTY

8.1 Unless otherwise specified, all intellectual property rights in or arising out of the content on our website, content of communications with you or content in or arising out of provision by us of the Services (Content) will vest upon their creation solely in us.

8.2 You will not attempt to copy, alter or reproduce in any form, whether in hard copy or electronically through any medium whatsoever, any part of the Content without express written permission from us or unless expressly authorised by these Terms to do so.

8.3 All copyrights, trademark rights and other rights in or arising out of any part of the Content are either owned by or under licence to us. We reserve all of those rights.

9 FAMILY FAIR TREATMENT AND WORKPLACE CONDITIONS

9.1. The family subscriber must ensure the nanny recruited through Marvellous Nanny Services are provided with a safe, respectful, and equitable work environment in accordance with applicable laws and regulations.

9.2. The family subscriber agrees to treat the nanny with dignity and respect, free from harassment, discrimination, and abuse of any kind.

10. FAMILY COMPLIANCE WITH EMPLOYMENT LAWS

10.1. The family subscriber shall comply with all relevant employment laws, including but not limited to laws governing wages, working hours, occupational health and safety, and leave entitlements.

10.2. Families must provide employees with written contracts outlining their terms of employment, including salary, work hours, and job responsibilities (provided by Marvellous Nanny Services).

11. FAMILY PAYMENT OBLIGATIONS

11.1. The family subscriber is responsible for paying employees in full and on time as agreed in their employment contract.

11.2. Non-payment or delayed payment of wages constitutes a breach of these terms and may result in the termination of services provided by Marvellous Nanny Services.

12. FAMILY DISPUTE RESOLUTION

12.1. Any disputes or concerns raised by nannies regarding workplace treatment or payment must be addressed promptly and fairly by the employer.

12.2. Marvellous Nanny Services reserves the right to mediate disputes between the nanny and the family subscriber if required, but is not liable for any breach of contract by the employer.

13. TERMINATION OF SERVICES

13.1. Marvellous Nanny Services reserves the right to terminate its relationship with a family who fails to meet these obligations, including but not limited to mistreatment of employees or repeated violations of employment laws.

14. REPORTING AND MONITORING

14.1. Employees may report any concerns regarding their treatment to Marvellous Nanny Services, which will investigate the matter in accordance with its policies.

14.2. Families may be subject to monitoring or audits to ensure compliance with these terms.

15 GENERAL MATTERS

15.1 The headings set out in these Terms are for convenience only and shall not in any way affect the interpretation of these Terms.

15.2 These Terms may only be amended by a further written agreement entered into between the parties.

15.3 In these Terms, the words "include", "includes" and "including" are not words of limitation.

15.4 If any provision of these Terms is determined to be void, illegal or unenforceable by any law or regulation of any government or by any court, such provision will be severed from these Terms and the remaining parts, terms and provisions will remain enforceable.

15.5 These Terms and your relationship with us pursuant to these Terms are governed by the laws of Queensland, Australia.

15.6 You unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the courts of Queensland for the purpose of resolving any disputes pursuant to these Terms.

15.7 These Terms constitute the entire agreement of the parties in respect of access to the Services, and supersede all prior understandings, negotiations, agreements, written or oral, express or implied.

15.8 No waiver or breach of any of these Terms shall constitute a precedent or a waiver of any succeeding or other breach of the same.

15.9 When from time to time you log into or seek to access the Services, you may be asked to agree to our then current terms and conditions. We do not warrant that on any such occasion those terms and conditions will be the same as set out in this document.

15.10 These Terms constitute the entire agreement between us and you as a Family Subscriber or Nanny in relation to the Services.