Terms of Use

Definitions

Gameshape Pty Ltd (“FAB”) provides the www.findababysitter.com.au site (“Site”) to Site Members. The term “Babysitter” includes all childcarers 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, and “You” includes Parents, Babysitters and any visitor to this Site. “Information” means information on this Site, 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 FAB website. FAB 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 of the Site. 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 Australia. 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, allow visitors to search for abbreviated profiles of Babysitters in their area and allow 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 email or SMS Babysitters to introduce themselves, and Babysitters can reply to the Parents. Site Members may communicate with each other via emails sent through the FAB Site initially. Once Site Members have made contact, they may choose to exchange personal phone numbers and addresses.

What the site offers

FAB 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 SMS requests from Parents. By becoming a Site Member, you acknowledge that there is no employment, independent contractor or agency relationship between FAB and Babysitters, and that the Site merely offers you the opportunity to make contact with Parents and Babysitters.

FAB provides detailed profiles of Babysitters and Parent Feedback via Ratings online. Profiles show whether the Babysitter has obtained a police check and references available, and allows Parents to select Babysitters with specific credentials. FAB 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, FAB has developed an Interview Guide.

What the site does not offer

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

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

FAB reserves the right to conduct identity, credential or reference checks at our discretion. Your membership will not be active until this process is complete. Copies of documents will be sighted confidentially but not stored by FAB.

Site Member conduct

We want to ensure that using the Site 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 engage 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 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

FAB 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. Find A Babysitter uses military strength encryption to keep credit card numbers safe during the payment transaction. Find A Babysitter does not keep Parent Site Members' credit card numbers.

Acceptance of Risk and Release from Liability

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

FAB disclaims all responsibility for material and Information posted on this Site 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 Site.

In using this Site, You acknowledge that FAB 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 FAB does not have any control over or responsibility for the actions of Parents and makes no warranties as to their behaviour.

Because FAB 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 FAB is in no way responsible for the payment or refund of Babysitters’ fees.

You release FAB (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 Site Members;
your reliance upon Information; or
Your use of this Site generally.

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

Copyright

The content of this Site is protected by Australian and International copyright and other intellectual property laws. You are authorised to copy or download material on this Site for Your personal use however you do so for commercial or public purposes.

The FAB logo and domain name are trademarks of FAB. No permission is given to reproduce the FAB, and you may only create a link to this Site after first having gained FAB’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 FAB accepts no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made on such sites. FAB provides these links merely as a convenience and their does not imply an endorsement.

General

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

Any failure by FAB at any time to enforce any of the provisions of these terms and conditions 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

FAB 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. FAB may also terminate your Site Membership at any time during the Term in its absolute discretion.