This Terms of Use Agreement (“Agreement”) sets forth the terms and conditions for use of the service (“The Service”) provided by ABCsitters (“the company”) on this ABCsitters App (“The App”). The App users are requested to use The Service in accordance with these Terms of Use.

Article 1 (Application)

These Terms of Use shall apply to all relationships between users of The App and the Company regarding the use of The service.

Article 2 (The App service)

  1. The App is a service for meeting and negotiating between parents of children (hereinafter referred to as “Parents Members”) and babysitters (hereinafter referred to as “Babysitter Members”), who are registered users of The App and wish to entrust childcare services to babysitters/kids’ sitters. The App is a service that provides a place to meet and negotiate with parents of children who wish to outsource their childcare to babysitters/kids’ sitters (hereinafter referred to as “Parents members”) and babysitters who wish to outsource their childcare to babysitters (hereinafter referred to as “Babysitter members”).
  2. The App will support the Parents Members and Babysitter Members in the realization of the agreement of the childcare contract. The App does not guarantee the fulfillment of the contractual agreement.
  3. The App’s service in matching a nanny is limited to the exchange of messages between Parents Members and Babysitter Members who express their desire to enter into a childcare contract and open their registered information to the other party on The App.
  4. To use the services of The App, you must be a member. By agreeing to the Terms of Use, accepting the Privacy Statement, and registering online, you become an ABCsitters member. Site members must be at least 18 years of age. Babysitters must be able to legally work in Australia. Parents must pay a sitting fee to become a site member.
  5. We will check in with Babysitter members from time to time to see how they are doing.
  6. In the event that the Company becomes aware of any inappropriate behavior by Babysitter members, the Company will promptly provide information, taking into consideration the scope of the Parents members involved, and paying sufficient attention to personal information.
  7. The Company will collect information on complaints and problems with Babysitter members in the past and provide it to Parents Members with due attention to their personal information.

Article 3 (Registration)

  1. The registration is completed when a prospective member applies for the registration by the method specified by the Company and when the Company approves the application.
  2. Parents members and babysitter members who have completed registration are collectively referred to as “registered members.
  3. In the rare event that a sitter wishes to register, the Company may, at its discretion, conduct an interview with the applicant in advance, at which time the Company will confirm the applicant’s suitability as a babysitter. If the Company deems the applicant to be unsuitable as a babysitter, the registration will be rejected.
  4. In the rare event that the Company determines that an applicant has any of the following reasons, the Company may not approve the application for registration, and shall not be obligated to disclose the reasons for such denial.

(1)The applicant has provided false information when applying for registration.

(2)If the application is from a person who has violated these Terms of Use.

(3)If the applicant is under 18 years of age and has not obtained the consent 

of a legal representative, guardian, conservator, or assistant.

(4)Other cases in which the Company deems the registration of use to be 

inappropriate.

Article 4 (Management of Login ID and Password)

  1. Registered members shall manage their login ID and password for The service at their own responsibility.
  2. Under no circumstances may a registered member transfer or lend his/her login ID and password to a third party. When a registered member logs in with the same combination of login ID and password as the registered information, the Company shall consider the use of the service to be by the registered member who has registered the login ID.

Article 5 (Terms of Payment and Payment Method)

  1. Payment shall be made by Parents members to Babysitter members in the amount agreed upon in advance.
  2. Payment shall be made by the Parents member to the Babysitter member in the amount agreed upon in advance.
  3. ABCsitters is not responsible for the amount to be paid or the method of payment.

Article 6 (Obligations of Registered Members)

When using the App or even after terminating the use of the App, the Registered Member shall conclude a childcare contract through the App and shall assume the following obligations as a parent or babysitter with respect to the childcare services to be provided thereafter. 

  1. Registered Members shall promptly report to ABCsitters if they discover that other Users, including negotiation partners, have engaged in any conduct that is prohibited by ABCsitters or that offends public order and morals.
  2. ABCsitters recommends that Parensts members and Babysitter members conduct a face-to-face interview before agreeing on a childcare contract between the two parties so that an agreement can be reached between the babysitter and the family.

If it is unavoidable and it is not possible to meet in person, a “Interview sheet” provided by ABCsitters should be used to confirm as much as possible about each other before agreeing to a childcare contract.

  1. Upon mutual agreement, on the day of childcare, both parties shall present their original identification cards to confirm each other’s identity.
  2. When concluding a childcare contract, both parties shall exchange names, addresses, contact information, etc.

Article 7 (Obligations of Babysitter Members)

  1. Babysitter members are responsible for the accuracy and security of the information registered in The App.
  2. Babysitter members shall take out liability insurance to the greatest extent possible to prepare for any accidents that may occur in the care of their children.
  3. Babysitter members are responsible for providing updates on the condition of their infants and toddlers during the daycare period by phone or email at the request of the Parents members.
  4. In the event of an emergency, such as a sudden change in the health of the infant, the babysitter members are to contact the parents immediately and take appropriate measures, such as calling an ambulance. In the event of a disaster such as a fire, the infant’s delivery method should be confirmed in advance.
  5. Babysitter members shall report to Parents when handing over infants in their care, including the details of the child’s care and the condition of the child while in their care.

All babysitters and nannies registered on ABC Sitters must provide valid documentation, including a Working with Children Check (WWCC) and First Aid Certification, to parents through their profile. This ensures parents can confidently choose qualified caregivers. Personal data, including qualifications, will be securely stored and managed in compliance with applicable privacy laws. Failure to maintain these qualifications may result in removal from the platform, in accordance with our Terms of Service

Article 8 (Obligations of Parents members)

  1. Parents members are always responsible for the choice of hiring a babysitter through The App and for ensuring that the babysitter is suitable for the activity to be carried out.
  2. Parents members are responsible for their financial obligations towards the babysitter.

article 9 ( liability and indemnification ) 

  1. ABCsitters is not responsible for any problems that may arise between Parents members and Babysitter members who have signed a contract for childcare services through The App. 
  1. ABCsitters is not responsible for any damages of any nature whatsoever caused by inaccurate or incomplete information provided by babysitter members or Parents members. 3.
  1. babysitter members shall not be liable for any consequential damages related to defects in persons matched by ABCsitters in the performance of the Mediation Agreement, nor for all direct or indirect damages incurred by babysitter members and Parents members.

Article 10 (Prohibited Matters)

Registered members shall not engage in any of the following acts when using The Service

1.Acts that violate the law or public order and morals.

2. Actions related to criminal acts

3. Acts that destroy or interfere with the functions of The App’s server or network

4. Acts that may interfere with the operation of our services.

5. Actions that collect or accumulate personal information about other registered
members.

6. Duplicate registration.

7. Act to provide benefits directly or indirectly to antisocial forces in relation to our service.

8. Infringing the intellectual property rights, portrait rights, privacy, honor, or other rights or interests of the Company, other registered members of The service, or third parties.

9. Registering or transmitting any expression that is excessively violent, sexually explicit, discriminatory based on race, nationality, creed, gender, social status, family origin, or any other antisocial content that may cause discomfort to others.

10. Use of the service for the purpose of employment contracts, sales, advertising, solicitation, or any other for-profit activities (excluding those approved by the Company), sexual or obscene activities, meeting or dating with an unacquainted member of the opposite sex, harassment or slander of other registered members, or any other activities. Any act to use The service for purposes different from the conclusion of a contract for childcare services as planned by The service.

11.Religious activities or acts of solicitation to religious organizations.

12. Registering false information on the ABCsitters App.

13.Making false reports to ABCsitters App.

14.Actions that respond to fraudulent suggestions made by other registered members.

15. Any other actions that the Company deems inappropriate.

Article 11 (Prohibition of providing the service, etc.)

  1. The company may suspend or discontinue all or part of the service without prior notice to registered members for any of the following reasons.

(1)In the event of maintenance, inspection, or updating of the service’s computer system.

(2)In the event that provision of The Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters.

(3)In the event that computers or communication lines, etc. are shut down due to an accident.

(4) In any other cases in which the Company deems it difficult to provide The Service.

  1. The Company shall not be liable for any disadvantage or damage incurred by registered members or third parties due to the suspension or interruption of the service, regardless of the reason.

Article 12 (Copyright)

  1. Registered members may only use, register, or edit text, images, and other information for which they hold the necessary intellectual property rights, such as copyright, or have obtained permission from the necessary right holders.
  2. The copyrights of texts, images, etc. registered or edited by registered members using the service shall be reserved to the users concerned or other existing right holders. However, the Company may use texts, images, etc. registered or edited using the service, and registered members shall not exercise moral rights of copyright holders with respect to such use.
  3.  Except as provided in the preceding paragraph, all copyrights and other intellectual property rights to the service and all information related to the service belong to the Company or to the right holders who have authorized the Company to use them. (including making transmittable), transmission, distribution, publication, sales The user shall not reproduce, transfer, lend, translate, modify, reprint, publicly transmit (including making transmittable), transmit, distribute, publish, or use for business purposes, etc.

Article 13 (Restriction of Use and Cancellation of Registration)

  1. In the following cases, the Company may, without prior notice, delete registered data, restrict the user’s use of all or part of The service, or terminate the user’s registration as a registered member.

(1) If a user violates any of the provisions of these Terms of Use

(2) When it is found that there is a false fact in the registration information

(3) If a petition is filed for bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation proceedings.

(4) When there has been no use of The service for more than 5 years

(5) If you have not responded to our inquiries or other communications requesting a response for more than one week

(6) In any other cases where the Company deems the use of The Service inappropriate.

  1.  In the event that any of the items in the preceding paragraph applies, the registered member will naturally lose the benefit of time with respect to all debts owed to the Company, and must immediately repay all debts owed at that time in a lump sum.
  2. The Company shall not be liable for any damages incurred by the registered member as a result of actions taken by the Company in accordance with this Article.

Article 14 (Disclaimer of Warranty and Disclaimer of Liability)

  1.  The Company shall not be liable for any factual or legal defects (including, but not limited to, defects in safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, or curity, errors or bugs, or infringement of rights) in the service, even if the Company expressly or implicitly disclaims such defects. 2. We make no warranty, express or implied, that the Services will be free from defects (including, but not limited to, defects in safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, or curity).
  2. The Company shall not be liable for any and all damages incurred by users as a result of the Service. However, if the contract between the Company and a registered member regarding The service (including this agreement) is a consumer contract as defined in the Consumer Contract Act, this disclaimer does not apply.
  3. Even in the case of the proviso in the preceding paragraph, the Company shall not be liable for any damage arising from special circumstances (including cases where the Company or a registered member foresaw or could have foreseen the occurrence of damage) among damages caused to a registered member due to default or tort caused by the negligence of the Company. In addition, compensation for damages incurred by a registered member due to default or tort caused by the negligence of the Company shall be limited to the amount of the usage fee received from the registered member for the month in which the relevant damages occurred.

Article 15 (Modification of Terms of Use)

The Company may change the Terms of Service at any time without notice to registered members if it deems it necessary.

Article 16 (Governing Law and Jurisdiction)

Your use of the Site shall be governed by and construed in accordance with the laws of the State of New South Wales, and you agree to submit to the jurisdiction of that state.

Thank you.

Welcome to ABCsitters!

Date: 23.11.2023