Terms of Use
1. User Agreement
Please read the following agreement before using Our Website. This Agreement governs the use of the services (the "Service") offered by Sonic Passage Pty Ltd, at the Need a Sitter Web Site (the "Site"). Use of this site consitutes an agreement to all terms and conditions in this agreement.
You are: Care Seeker / Caregiver / a visitor to Our Website
2. Definitions
In this agreement:
| "We" and "Us" | means Need a Sitter. | |
| "You" and "User" | means any natural person or entity accessing Our Website for any reason | |
| "Our Website" and "Site" |
means the entire computing hardware and software installation that is or supports Our Website. | |
| "Content" |
means any material in any form published on Our Website by us or any third party with our consent. | |
| "Material" | means Content of any sort posted by you on Our Website | |
| "Member" | means a registered member of Need a Sitter | |
| "Caregivers" | means individuals and/or companies providing care service. | |
| "Care Seekers" | means individuals seeking care service. | |
3. Need a Sitter is a Venue
Need a Sitter acts as a venue to allow contact between Care Seekers and Caregivers. Need a Sitter does not take part in the communication between Care Seekers and Caregivers other than providing Our Website as a venue for Users. We do not accept to act as an agency for any User that may use this Site. Users of Our Website contract between themselves. Need a Sitter takes no responsibility in the communication, services received, or payments received between Users. Users must deal directly with each other to resolve disputes. Need a Sitter will not be held responsible and expressly disclaims any liability whatsoever for any damage, demands, suits, claims and/or controversies that have arisen or may arise, whether known or unknown arising out of or in any way connected with such disputes.
Need a Sitter accepts no liability or responsibility for the accuracy or reliability of any information provided to us by any Users. We do not complete police or other background checks or verify the information of Users. Users are responsible for ensuring that they have compiled with the relevant legislation in their State and obtained any required background checks.
Need a Sitter will make reasonable efforts to monitor User profiles, comments, actions, and general usage of Our Website and suspend privileges to any Users not adhering to policies of Our Website.
4. Your Account With Us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the services.
4.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
4.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
4.4 Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to individuals under the age of 18 or to anyone who may not legally work in Australia.
5. Price, payment, refund and service provision
5.1 Care Seekers are obligated to pay for the services of the Site, unless specifically notified otherwise.
5.2 If a change we make in the provision of the services, involves action on your part, and you do not take that action, we are entitled to terminate the services to you without notice.
5.3 You may not share or allow others to use the services in your name.
5.4 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.
5.5 Need a Sitter does not store your credit card details. All transactions are secured by SSL encryption. While Need a Sitter will use reasonable efforts to ensure the privacy of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties. User does hereby agree to hold Need a Sitter harmless for any damages that may result therefore. Need a Sitter uses a third party service called eWAY to process your credit card.
5.6 Due to the nature of its service, Need a Sitter does not provide any refunds. At our sole discretion, refunds or credits may be granted in extenuating circumstances.
6. Disclaimers
6.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the services, at any time and without advance notice.
6.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
6.3 We give no warranty and make no representation, express or implied, as to:
6.3.1 the adequacy or appropriateness of the services for your purpose;
6.3.2 the accuracy, reliability or Content on Our Website
6.3.3 compatibility of Our Website with your equipment, software or telecommunications connection.
6.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
6.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website
6.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the services you have purchased.
7. Your Material
7.1 If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
7.2 You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
7.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
7.4 You represent and warrant that:
7.5 you own the rights to all of the Material that you post;
7.6 any fact stated in your Material is accurate;
8. System Security
8.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
8.2 You may not use any manual method or automated tool for the purpose of extracting data from our website.
8.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
9. Acceptable Use Policy
As a condition of your use of Our Website, you agree to comply with these provisions:
9.1 You will not use or allow anyone else to use the Web Site to post or otherwise publish:
9.1.1 copyright works;
9.1.2 any Material which violates the law of any established jurisdiction;
9.1.3 links to any of the material specified in this paragraph;
9.1.4 any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
9.2 You will not use the services for spamming. Spamming includes, but is not limited to:
9.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
9.2.2 The sending of junk mail;
9.2.3 Excessive and repeated posting off-topic messages to newsgroups;
9.2.4 Excessive and repeated cross-posting;
9.2.5 Email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
10. Confidential Information and Intellectual Property Rights
10.1 You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.
10.2 We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
10.3 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
10.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
10.5 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
10.6 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
11. Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
12. Termination
Need a Sitter may terminate your Site membership at any time in its absolute discretion by giving written notice of termination to you.
12. Miscellaneous provisions
12.1 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
12.2 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
12.3 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
12.4 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
12.5 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.
12.6 These terms and conditions are governed by and construed according to the laws applicable in the State of Victoria and the Commonwealth of Australia ("Australian law"). You agree to submit to the jurisdiction of that State.
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