Terms of Use

Application of Terms and Conditions

1. Access to the Nannies & Babysitters Online web site at www.nanniesandbabysittersonline.com.au ("the Web Site" an expression which includes the contents of the Web Site and any service offered and/or provided at or through the Web Site) is offered to you by Nannies & Babysitters Online (N&BO) subject to the following terms and conditions. By accessing the Web Site you agree with N&BO to be bound by the following terms and conditions and you should not use the Web Site if you do not agree to them

Changes to Terms and Conditions

2. N&BO reserves the right at its sole discretion to change these terms and conditions (including, but not limited to, any prices or charges mentioned there) at any time. It is your responsibility to review these terms and conditions regularly. By accessing the Web Site after any such change has been made you agree to be bound by these terms and conditions as then in force.

Exclusion of Warranties and Liability

3. The Web Site is provided on a strictly "AS IS" and "AS AVAILABLE" basis. N&BO gives no warranty whatsoever whether express or implied regarding the Web Site (including, but not limited to, any warranty of merchantability or satisfactory quality or fitness for a particular purpose or that the Web Site will be available without error or interruption)and all warranties are excluded to the fullest extent permitted by law.

4. You agree that your use of the Web Site is at your sole risk, that you download or otherwise obtain anything from the Web Site entirely at your own risk and that you will be solely responsible for damage to your computer system (that is to say any computer system that you use whether or not it is owned by you) or any loss of data that results from anything that you download or otherwise obtain from the Web Site.

5. N&BO will have no liability in contract, tort or otherwise (including but not limited to negligence or breach of statutory duty) and will not be liable for any direct, special or incidental or consequential damages arising directly or indirectly from the use of or reliance on the Web Site or from any interruption in the availability of or error in the Web Site. [But, if while you are a Member (as defined below) who has registered as a family there is an interruption in the availability of the Web Site to all or substantially all Members which lasts for more than five consecutive days N&BO shall (at its option) either extend the period of your membership by a number of days at least equal to the duration of the interruption (or such part of the interruption as occurs while you are a Member) or repay to you such proportion of your membership charge and/or any charge that you have paid for an additional advertisement as N&BO shall, in its entire discretion, consider appropriate in all the circumstances.]

6. N&BO does not seek to exclude or limit its liability for death or personal injury caused by negligence and nothing in these terms and conditions shall be construed as doing so.

Registering as a Member

7. You undertake that the information that you provide in your application to register as a Member or in any advertisement that you post or submit for posting to the Web Site will be accurate, complete, true and up to date and you agree to inform N&BO promptly of any change in such information while you remain a Member and to disclose any such change to any Member who has responded to any advertisement that you have posted to the Web Site and whose response you have decided to pursue.

8. You shall become a Member on the date on which N&BO accepts your application to become a Member. N&BO reserves the right at its entire discretion not to accept your application:

* to become a Member; or

* to extend or renew your membership.

N&BO reserves the right at any time without notice to terminate or suspend your access to the Web Site or any part of it if N&BO believes that you have breached any of your obligations under these terms and conditions.

9. By registering as a Member you accept responsibility for ensuring that your Member’s login ID and password remain confidential and that they are not used by anyone else to access the Web Site or any part of it. You must notify N&BO immediately at N&BO if you become aware of any loss, theft or unauthorised use of your Member’s login ID or password

Consent to Disclosure of Information

10. By registering as a Member you consent to N&BO disclosing to any person who accesses the Web Site all or any part of a summary of any advertisement that you post or submit for posting to the Web Site.

11. By registering as a Member you also consent to N&BO disclosing to any Member to whose advertisement you post a reply the personal details (that is to say title, first name and last name) and contact details (that is to say address, daytime telephone number, mobile number, fax number and e-mail address) that you give to N&BO in the course of registering as a Member or later. After N&BO has done this it will be up to such Member to get in touch with you if he or she so chooses.

Advertisements and Communications

12. You must comply with any rules that N&BO may post to the Web Site from time to time about advertisements or communications or the use of the Web Site. N&BO reserves the right to write to you by e-mail or by post about your use of the Web Site.

13. You undertake that while you remain a Member you will check your messages frequently and reply promptly and courteously to any that you receive from other Members. N&BO has no obligation to forward any unread or unsent messages to you or to any third party.

14. Any advertisement or communication that you post or submit for posting to the Web Site may not contain, link to or otherwise publish anything that is unlawful, threatening, abusive, libellous, indecent or breaches any contract or infringes or violates any copyright, trademark or any other personal or proprietary right of any person. If you find that someone else has posted such an advertisement or communication to the Web Site, please notify N&BO immediately at admin@nanniesandbabysittersonline.com.au

15. You are solely responsible for the content of any advertisement that you post or submit for posting to the Web Site or any communication that you address to another Member whether through the Web Site or otherwise and by posting, submitting or sending such an advertisement or communication you agree to indemnify N&BO against all claims, costs and expenses (including legal expenses) suffered or incurred by N&BO arising out of or in connection with that advertisement or communication.

16. By posting or submitting for posting to the Web Site an advertisement (which for this purpose includes a summary advertisement) you grant N&BO a perpetual royalty free non-exclusive licence to reproduce, modify, make available, distribute and sub-license the advertisement in whole or in part in any form and you waive any moral rights that you may have in respect of the advertisement

17. While N&BO does not control the information contained in advertisements posted to the Web Site by Members, it reserves the right at its sole discretion and without notice to delete, move or edit the information in any advertisement that you post or submit for posting to the Web Site.

Your Obligation to Vet Prospective Employers or Employees

18. N&BO has no control over and accepts no responsibility whatsoever for the accuracy, truth or completeness of the information provided to it by Members or contained in advertisements or communications posted to the Web Site by Members. You rely on such information entirely at your own risk and you undertake not to offer employment to or (as the case may be) accept employment from a Member without having first vetted them thoroughly (including, but not limited to, by taking and checking appropriate references).

Dealings with Third Parties

19 Any dealings that you have with any third party (including, but not limited to, any Member or advertiser) found on or through the Web Site are solely between you and the third party and N&BO shall have no liability whatsoever in relation to such dealings or any of them.

Restrictions on Your Use of the Web Site

20. You may retrieve and display contents taken from the Web Site on a computer screen and print individual pages once only on paper but, except for this, you may not reproduce, modify or in any way commercially exploit the contents of the Web Site or any of the services provided to you through it.

21. You must not use the Web Site or any of the services provided to you through it for any purpose that is unlawful or in breach of any of these terms and conditions.

22. You must not upload to the Web site any file containing any software virus or file or code designed to damage the operation of the Web Site or any computer software or equipment.

Changes to Web Site

23. N&BO reserves the right at its sole discretion to change add to or remove any part of the Web Site at any time and to restrict the use and accessibility of the Site as it shall from time to time see fit.

Third Party Materials and Web Sites

24 Parts of the Web Site may contain material provided by third parties. Persons providing such material are responsible for ensuring that what they submit for inclusion on the Web Site complies with all applicable laws. N&BO is not responsible for any material provided by any third party or for any error, omission or inaccuracy in such material. The Web Site may contain links to other web sites, but N&BO is not responsible for the availability of such web sites or for their contents.

Headings

25. The headings in these terms and conditions are for ease of reference only and no account shall be taken of them in construing these terms and conditions.

Assignment and Sub-contracting

26. You may not assign, transfer, sub-contract or otherwise make over to any third party your rights and obligations under these terms and conditions. You agree that N&BO may assign the benefit and/or transfer the burden of this Agreement to any third party and that such assignment and/or transfer shall be binding on you once notice of it has been given to you.

Waiver

27. The failure of either party to exercise or enforce any right conferred upon that party by these terms and conditions shall not operate as a waiver of any right.

Severability

28. If at any time any provision in these terms and conditions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these terms and conditions shall not be impaired.

Notices

29. Except where these terms and conditions provide otherwise, any notice must be given in writing and sent by post to the addressee's last known address or, if the notice is addressed to you, N&BO may send it by e-mail to your last known e-mail address.