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Terms of Use

Definitions

Gameshape Pty Ltd (“The Best Babysitters”) provides the www.thebestbabysitters.com site (“Site”) and app (“App”) to Site Members. Collectively the website or app are referred to as the Service (“Service”). The term “Babysitter” includes all child carers including babysitters and nannies, while “Parent” includes the biological, adoptive or foster parent of a child. Agencies and Recruitment companies are not permitted to register. The term “Site Member/s'' includes Parents and Babysitters who register on the Site or App, and “You” includes Parents, Babysitters and any visitor to this Site or App. “Information” means information on this Site or App, including information about Site Members provided by them.

Acceptance of these Terms and Conditions

You must read these terms and conditions carefully before becoming a Site Member and use the Services provided by the The Best Babysitters website. The Best Babysitters will from time to time update these terms and conditions so it is important that you revisit this page regularly. Your access to and use of this Site will be governed by these terms and conditions whether or not you choose to become a Site Member.

How do I become a member of the site?

You must be a Site Member to use the Services. You become a Site Member by accepting the Terms and Conditions, acknowledging the Privacy Statement and by registering online. Site Members must be aged 18 and over. Babysitters must be legally able to work in the USA. Parents must pay the nominated fee to become Site Members.

How the site works

The Site has public and private areas. Public areas are open to any Site visitors. The public area shows the home page, allows visitors to search for abbreviated profiles of Babysitters in their area and allows visitors to read some generic resources (like the Frequently Asked Questions section). Only Site Members can access the private areas of the site. Private areas of the site show Site Members profiles, excluding personal addresses and phone numbers. Parents who are Site Members can search for Babysitters in their area and read the profiles that are listed. Parents can choose to use the Job Posting, to email or message Babysitters to introduce themselves, and Babysitters can apply or reply to the Parents. Site Members may communicate with each other via emails sent through the The Best Babysitters Site initially. Once Site Members have made contact, they may choose to exchange personal phone numbers and addresses.

What the site offers

The Best Babysitters offers Parents the ability to search for Babysitters in their area online, while it offers Babysitters the opportunity to find babysitting work by applying to jobs that are advertised on the site and receiving email or message requests from Parents. By becoming a Site Member, you acknowledge that there is no employment, independent contractor or agency relationship between The Best Babysitters and Babysitters, and that the Service merely offers you the opportunity to make contact with Parents and Babysitters.

The Best Babysitters provides detailed profiles of Babysitters and Parent Feedback via Ratings online. Profiles show whether the Babysitter has obtained a background check and has references available, and allows Parents to select Babysitters with specific credentials. The Best Babysitters recommends that Site Members interview each other before scheduling a babysitting date to ensure that Parents choose the best babysitter for them. To assist with this process, The Best Babysitters has developed an Interview Guide and Reference Checking resources.

What the site does not offer

The Best Babysitters does not undertake scheduling of babysitting appointments, complete background checks or verify the Information of Site Members. Babysitters and parents should check the requirements provided by any relevant legislation Federally or in their State. Babysitters and parents are responsible for ensuring that they have complied with the relevant legislation and obtained any required background checks.

Eligibility

You represent and warrant that you currently meet and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as you use the Service:

(A) you are at least eighteen (18) years old;

(B) you comply with all laws, rules and regulations in connection with your use of the Service and any services arranged through the Service, including without limitation legal authorization to work in the jurisdiction in which you seek to provide or receive services;

(C) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions in these Terms of Use;

(D) neither you, nor anyone in your home or, as applicable, the location where care services are provided or received: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and

(E) neither you, nor anyone in your home or, as applicable, the location where care services are provided or received, is currently out on bail or on such person’s own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.

By using the Service, you understand and agree that The Best Babysitters may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that The Best Babysitters may revise the Eligibility Conditions from time to time and require new conditions and certifications and that you will abide by such revised Eligibility Conditions or discontinue using the Service and uninstall the Apps and you must discontinue use of the Service if at any time you no longer meet the Eligibility Conditions. If The Best Babysitters becomes aware of or believes that there are violations of the Eligibility Conditions by any User or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Service after termination or during suspension.

You understand and agree that The Best Babysitters does not routinely verify that any or all of the Eligibility Conditions are met by any other Users and you further understand and agree that The Best Babysitters is not responsible for assuring that the Eligibility Conditions are met or for any failure to suspend, terminate or prevent the use of the Service by Users who do not meet the Eligibility Conditions. Except where expressly stated otherwise in these Terms of Use or on the Service, you understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining references prior to engaging another User to perform services. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about whether to engage other Users to perform services, accepting any engagements offered by other Users or otherwise interacting with other Users. The Best Babysitters hereby expressly disclaims, and you hereby expressly release The Best Babysitters and its affiliates from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or in any way related to: (x) any inaccuracy, untimeliness or incompleteness of a User’s Eligibility Conditions; and/or (y) any misstatements or misrepresentations made by any Users.

Although The Best Babysitters has no obligation to verify the Eligibility Conditions or conduct any other screenings, verifications or background checks, it reserves the right to do so in its sole discretion, and you hereby authorize The Best Babysitters to verify any or all of the above representations and warranties you make or the other information you provide. Such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or using available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You agree that The Best Babysitters may take such action as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your account, should it determine, in its sole discretion, that you have violated any representation or warranty or any other provision of these Terms of Use or it otherwise determines in its sole discretion that such suspension or termination is appropriate for any reason. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension.

How to register

Parents and Babysitters can join the Site by completing the registration online. Babysitter registration collects detailed information including name, address, date of birth, qualifications, experience and work preferences. Parent registration collects information including Parent name, address, and childcare requests. All the information collected is stored securely, and by becoming a Site Member You acknowledge that your personal information may be displayed on this Site. You should make Yourself familiar with our Privacy Policy.

Site Member conduct

We want to ensure that using the Service is the best experience possible for all Site Members. To that end, You are prohibited from any actions that may interfere with another’s experience. These include, but are not limited to

  • Using our systems to send unsolicited messages (SPAM)
  • accessing data not intended for You
  • attempting to breach authentication or login to an account the You are unauthorized to access
  • disrupting service to the Site by interfering with the server or network by denial of service attack (DOS), spamming, or otherwise engaging in conduct that causes a threatened or actual nuisance to Site Members.
  • Forging information sent to the website or in an email, including TCP/IP packet information.

If you become a Site Member, you are participating in the site community. You must conduct yourself in a manner that is in the spirit of the community. You must not post, transmit, save, or distribute any Information or material that is:

  • false, inaccurate or misleading;
  • fraudulent
  • infringes the privacy or intellectual or other proprietary rights of another;
  • illegal;
  • defamatory, libelous, threatening, or intimidating;
  • obscene or contains child pornography;
  • contains any viruses, Trojan horses, easter eggs, worms, time bombs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs, Web hosting company, or other suppliers; or
  • creates an unauthorized link to another website

The Best Babysitters reserves the right to edit, refuse to post, or remove any Information or material it deems as inappropriate.

Billing and Payment

If you wish to register as a Parent Site Member, You must pay the membership fee using our online payment system. The Best Babysitters uses military strength encryption to keep credit card numbers safe during the payment transaction. The Best Babysitters does not keep Parent Site Members' credit card numbers.

Acceptance of Risk and Release from Liability

In using this Service, You accept that there are risks associated with dealing with people you have not met before and using the Information through this Service.

The Best Babysitters disclaims all responsibility for material and Information posted on this Service and all liability (including without limitation, liability in negligence) for all expenses, losses, harm, damages or costs You incur as a result of Your use of this Service.

In using this Service, You acknowledge that The Best Babysitters makes no warranties or representation as to the quality, accuracy or completeness of the Information or the quality of the care provided by Babysitters. You also acknowledge The Best Babysitters does not have any control over or responsibility for the actions of Parents and makes no warranties as to their behavior.

Because The Best Babysitters is not involved in actual transactions between Site Members, in the event that You have a dispute with another Site Member you will need to personally negotiate the resolution of that dispute. You also acknowledge that The Best Babysitters is in no way responsible for the payment or refund of Babysitters’ fees.

The Best Babysitters (and its officers, directors, agents, affiliates, subsidiaries and employees) from any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm, demands or damages (including actual, special, direct, indirect and consequential damages) arising directly or indirectly out of or in any way connected

  • Disputes with or acts or omissions (including negligence) of other Site Members;
  • Your reliance upon Information; or
  • Your use of this Service generally.
  • Any inaccuracy or incompleteness of a User’s eligibility conditions
  • Any misstatements or misrepresentations made by any Users
  • The Best Babysitters’ content and any other information, materials and content obtained through the Service
  • Third-party services and content including without limitation relating to availability, terms of use, privacy, information, content, materials, advertising, charges, payment, products and/or services.
  • User content including without limitation any acts of or reliance upon other Users with respect to such User content and/or any comments made by a User about others.

This includes release from liability for defamation arising from any comments posted on the website.

Indemnification

You agree to indemnify, defend and hold harmless The Best Babysitter and its affiliates from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorneys’ fees and court costs incurred by The Best Babysitters or its affiliates in any way related to your:

(A) Acts or omissions online and offline; (B) Breach of these Terms of Use; (C) Disputes with or between other Users; (C) Use and/or misuse of the Service, including without limitation ay information, content and/or materials therein or obtained through the Service; (E) Violation of any applicable law, rule or regulation; (F) Inaccurate, untimely, incomplete or misleading User content, including without limitation with respect to registration, profile, eligibility conditions; (G) Misstatements and/or misrepresentations, including without limitation regarding your age and your otherwise meeting the eligibility conditions;(H) Use of third-party services or content; (I) User content and any acts or omissions with respect to such User content; (J) Use of the payment service; (K) Use of ancillary support services; (L) Conduct in connection with the use of the Service or any connections made through the Service and/or (M) Use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the Service.You further agree that you will cooperate as requested by The Best Babysitters in the defense of such claims.The Best Babysitters reserves the right, at it’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and You shall not, in any event, settle any such claim or matter without the written consent of The Best Babysitters.

Dispute Resolution; Binding Arbitration.

The Best Babysitters is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us at The Best Babysitters, 3/6 Riddell Pde, Elsternwick, VIC, 3185Australia.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with The Best Babysitters and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

(a) No Representative Actions. You and The Best Babysitters agree that any dispute arising out of or related to these Terms of Use or our Services is personal to you and The Best Babysitters and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

(b) Arbitration of Disputes. If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. You and The Best Babysitters waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms of Use or the Service, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, either party may submit a Dispute to binding arbitration administered by the Australian Centre for International Commercial Arbitration (“ACICA”)(https://acica.org.au/)All Disputes submitted to ACICA will be resolved through confidential, binding arbitration before one arbitrator.Arbitration will be held online, not in person.For purposes of this section, a “consumer” means a person using the Service for personal, family, or household purposes. You and The Best Babysitters agree that the arbitration will be conducted in accordance with the ACICA Arbitration Rules.The most recent versions of ACICA rules are available on the ACICA website. You either acknowledge and agree that you have read and understand the ACICA rules or waive your opportunity to read the ACICA rules and waive any claim that the ACICA rules are unfair or should not apply for any reason.

(c) You and The Best Babysitters agree that these Terms of Use affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by relevant Victorian and Australian law to the maximum extent permitted by applicable law. As limited by the law, these Terms of Use and the ACICA rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, The Best Babysitters, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

(e) You and The Best Babysitters agree that for any arbitration you initiate, you will pay the ACICA filing fee ($2,805.00).For any arbitration initiated by The Best Babysitters, The Best Babysitters will pay all ACICA fees and costs.

(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and The Best Babysitters will not have the right to assert the claim.

(g) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by sending a written opt-out notice by email to hello@thebestbabysitters.comor by certified mail addressed to The Best Babysitters, 3 / 6 Riddell Pde, Elsternwick, VIC 3185, Australia.In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes.

(h) If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms of Use; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction pursuant to this Section and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.

In the event that a tribunal or arbitrator of competent jurisdiction determines that the arbitration provision is unenforceable; or for any motions to compel arbitration or to enforce an arbitration award; or if you have opted out of arbitration pursuant to the procedures in this Section; or for any other litigation (if any) that is not prohibited by this Section, you agree that the exclusive forum and/or venue for any controversy, claim, suit, injury, harm, loss or damage arising from or in any way related to the use, inability to use or provision of the Service or these Terms of Use shall be in the Victorian Civil and Administrative Tribunal (VCAT) or County Court (in Victoria, Australia) and you hereby submit to the exclusive jurisdiction of those courts for purposes of such proceedings. 

Copyright

The content of this Site is protected by Australian and International copyright and other intellectual property laws. You are authorized to copy or download material on this Site for Your personal use however you may not do so for commercial or public purposes.

The Best Babysitters logo and domain name are trademarks of The Best Babysitters. No permission is given to reproduce The Best Babysitters, and you may only create a link to this Site after first having gained The Best Babysitters’s express permission in writing.

Links to Third Party Sites

This Site may contain links to third party sites. Access to any other Internet site linked to this Site is at your own risk and The Best Babysitters accepts no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made on such sites. The Best Babysitters provides these links merely as a convenience and this does not imply an endorsement.

General

Your use of this Site will be governed by and construed pursuant to the laws of Victoria, Australia and you agree to submit to the jurisdiction of that State.

Any failure by The Best Babysitters at any time to enforce any of the provisions of these Terms of Use or any of its rights will not be a waiver of such provisions, rights or elections or affect the validity of these terms and conditions.

If any clause or part of a clause of these terms and conditions is invalid, illegal, unlawful or otherwise being incapable of enforcement, that clause or part of a clause will be deemed to be severed and of no force and effect but all other clauses and parts of clauses of these terms and conditions will nevertheless prevail and remain in full force and effect and be valid and fully enforceable. No clause or part of a clause of these terms and conditions will be construed to be dependent upon any other clause or part of a clause unless so expressed.

Termination

The Best Babysitters may terminate your Site Membership immediately, without notice and without having to provide a refund, in the event a member breaches any part of the Terms. The Best Babysitters may also terminate your Site Membership at any time during the Term in its absolute discretion.