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Conditions
DYS Terms & Conditions Nanny Australia offers Parents the ability search for Nannies, Sitters, Tutors, Housekeepers, Live in Au Pairs and Demi Pairs in their area online, while it offers carers the opportunity to find nanny work by receiving an email from Parents. By becoming a website member, you acknowledge that there is no employment, independent contractor or agency relationship and that the website merely offers you the opportunity to make contact with parents and carers.
If you become a website member, you are participating in the website 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, illegal or misleading. If you wish to register as a parent website member, you must pay the membership fee, starting from February 2010 using our online payment system. Nanny Australia uses military strength encryption to keep credit card numbers safe during the payment transaction. Nanny Australia does not keep parent website members' credit card numbers. In using this Nanny Australia website, you accept that there are risks associated with dealing with people you have not met before and using the information on this website. Nanny Australia disclaims all responsibility for material and Information posted on this website 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 website. In using this website, you acknowledge that Nanny Australia makes no warranties or representation as to the quality, accuracy or completeness of the information or the quality of the care provided by carers/tutors or housekeepers. You also acknowledge Nanny Australia does not have any control over or responsibility for the actions of Parents and makes no warranties as to their behaviour. Because nanny Australia is not involved in actual transactions between website members, in the event that You have a dispute with another website member you will need to personally negotiate the resolution of that dispute. You also acknowledge that Nanny Australia is in no way responsible for the payment or refund of Nanny Australias’ fees. You release Nanny Australia (and its officers, directors, agents, affiliates, subsidiaries and employees) from claims, demands and 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 website members. Nanny Australia may terminate your website membership at any time during the term in its absolute discretion by giving written notice of termination to you. If this occurs, you will be offered a pro-rate refund of any website membership fees minus a $25.00 processing charge.
To download these conditions please click Download WDI OPTION (WE DO IT FOR YOU ) You can either pay a one off fee of $559.00 which provides you only one free replacement within the first 6 weeks or you can pay a placement fee of $559.00 on a six monthly basis , where there is one free replacement within the period of 6 months and any additional replacements are $89.00. If you do not wish to pay an fee at all - you are welcome to post a job online and use our first option. However once you post a job online and get contacted by applicants and other agencies overseas, we do not check any details of the applicants - it is your responsibility to request all documents. In regards to nationality we provide you profiles that suit your family match, we do not discriminate based on nationality. The Au Pair placement fee is payable once you have confirmed the placement of the Au Pair. If some of the applicants are already in the country and we organise face to face interviews, since you are employing our services, you are required to pay $80.00 booking fee, which later on will be deducted form the placement fee of $559.00 Copyright All Website materials, including, without limitation, the Nanny Australia logo, design; text, graphics, other files, and the selection and arrangement thereof are ALL RIGHTS RESERVED Copyright © 2005 Nanny Australia. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Website-including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance-without the prior written permission of Nanny Australia is strictly prohibited. Hyperlinks Nanny Australia makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Websites accessible by hyperlink from this Website, or Websites linking to this Website. The linked sites are not under the control of Nanny Australia, and Nanny Australia is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Nanny Australia is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Nanny Australia of the site or any information contained therein. Forums and Interactive Areas This Website may include discussion forums, chat rooms or other interactive areas. All such forums and interactive areas shall be used only for non commercial purposes. By using any forum or interactive area, you agree not to do any of the following: Upload to, distribute or otherwise publish through this Website any message, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; Upload or transmit any Content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or Without the written permission of Nanny Australia, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam. Nanny Australia takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Nanny Australia reserves the right, in its sole discretion, to remove or edit any Content that violates these provisions or is otherwise objectionable. You shall remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of this Website. You agree to indemnify and hold harmless Nanny Australia from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. Nanny Australia reserves the right to change any and all content contained on this Website at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Nanny Australia. Without the written permission of Nanny Australia approach any candidates whose identities have become known to you by your use or viewing of, or any other person's use or viewing of our interactive forums, our "available nannies “ page or any other part of our website. You agree neither to offer such candidates employment without the knowledge of Nanny Australia, nor to contact them for any other reason. Should you employ a candidate whose identity has become known to you through your use or viewing of, or any other person's use or viewing of our interactive forums, our "nanny feature" page or any other part of our website, without both the knowledge and written consent of Nanny Australia then the full placement fee will apply and no warranty will be offered. Top Limitation of Liability IN NO EVENT SHALL NANNY AUSTRALIA BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL ACCIDENTS OR DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE MATERIALS CONTAINED ON, OR ACCESSED THROUGH, THIS WEBSITE. Applicable Law This agreement shall be governed by and construed in accordance with the laws in force in all States of Australia. Modification and Amendments Nanny Australia reserves the right to amend at any time any policies governing this Website, including this Notice by posting the amended terms and providing notice of such amendments. The amended terms shall be effective immediately after they are initially posted on this Website. If you do not accept the amended terms, you should cease using this Website. Termination Notwithstanding any of these terms and conditions, Nanny Australia reserves the right, without notice and in its sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this Website. Severability If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. If you have any questions about this legal notice, the practices of this site, or your dealings with this Web site, please contact us at team@nannyaustralia.com.au Client Obligations The Client must supply any information required by Nanny Australia to provide the Services in a clear and unambiguous manner and inform Nanny Australia of any updates. You are required to complete a Host Family Application Form/Book a Nanny Form. You must provide details to our nannies if there are any restraining orders in place or custody disputes to ensure the safety of your children full details including a description of the person or persons against whom the restraining order has been made. You agree to provide a clean, safe and secure working environment. Responsibilities (a) final selection and approval of a carer (b) verification of individual references and work experience in respect of any Nanny applicant prior to engagement (c) fulfilling all obligations as an employer (unless the Carer specifically provides you with evidence that s/he is a private contractor), including, where applicable, compliance with industrial relations legislation and including payment of; (i) Worker's Compensation insurance; (ii) Occupational Health and Safety requirements; (iii) Taxation, and (iv) Superannuation; (d) providing a safe and clean environment for the carer; (e) pay all wages for trial and casual carers at the end of each day; (iii) pay all agency fees as within 7 days of invoice. Top Introductions are Confidential The passing of an introduction to another person or company which results in an engagement of the referred person's services renders you the client liable for payment of the Agency Booking and Placement fees. Introductions by Third Parties It is the obligation of the Client to immediately inform the Agency when a Candidate is introduced by the Agency and also by a third party. If the client does not inform the Agency then it will be presumed that the introduction has been effected by the Agency and the relevant fee will become payable. Replacement Guarantee There are no trial periods and Agency booking fee is non refundable. Should the employment circumstances change and you are unable to retain your Au Pair or Nanny whom we have placed with you there are no refunds for Placement Fee and Agency Booking Fee. If you have issues with your current Au Pair/ Nanny/ Mothers Help and we are unable to replace the Applicant within six (6) weeks of the commencement of employment, you will be entitled to a 40% refund of your placement fee, providing that the fee has been paid in full by the due date. The booking has been cancelled by the Candidate because of unreasonable demands by the Client and where the Client does not provide separate accommodation as agreed for an au pair The Candidate has left because of unreasonable working conditions or because of a change in the job description or change in location. The client has changed their mind and does not want to employ anyone at all. No refund will be given where the Client retains the services of the Candidate, even though the Client considers the Candidate unsatisfactory. If the Agency placement fee was not paid in time Nanny Australia reserves the right to refuse replacement if we believe that the carer has beed harassed or mistreated in any way emotionally,physically or mentally. In the event of any of the above the Au Pair/Mother’s Help/Nanny shall be entitled to terminate the engagement with immediate effect. Nanny Australia will only make one replacement per permanent placement. This will only apply if our account has been paid/ received by the due date. In the event that a host Family decides to substantially change their duty hours and days without notifying Nanny Australia after the Nanny/Au Pair has commenced her work, and if the understanding between the Host Family and the Nanny/Au Pair can not be resolved, a seven day notice will apply. Written notification by the Host Family is required. The host family MUST pay the outstanding amount (weekly salary) to the Nanny/Au Pair before she leaves the residence. Top Payment Methods Electronic or direct bank deposit Nanny Australia Commonwealth Bank BSB: 062151 Account: 10232601 International tranferres Nanny Australia Commonwealth Bank BSB: 062151 Account: 10232601 CTBAAU2S Cheque By sending us a cheque made payable to Nanny Australia Postal address: Nanny Autralia 112 Ernest Street Crows Nest NSW 2065 Australia PayPal Please contact us for more information Online Credit Card payment Available from February 2010 Late Payment If invoice payment is not received within 7 days of the date of the invoice, Nanny Australia will levy a further administration fee of $30 per week. Disclaimer The management of Nanny Australia reserves the right of offering its services to Applicants (live in Au Pairs) and Host Families. The management of Nanny Australia reserves the right to change its fees at any time. We accept the above terms and conditions and will abide by the payment instructions provided.
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