T&C's
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1. Overview
1.1 This document sets out the terms and conditions (“Terms”) that govern your access to and participation on the Perth Nannies platform (“Platform”), facilitated and run by NZ Nannies (NZBN 9429050383764), trading as “NZ Nannies” (collectively and individually referred to as “NZ Nannies”, “we”, “our”, or “us”).
1.2 These Terms constitute a legal agreement between you (“you” or “your”) and us.
1.3 By registering via our online application form, you agree to be bound by these Terms. It is important that you read these Terms carefully before registering.
1.4 These Terms set out provisions regarding the conduct of Clients (“Families” or “Family”) and Service Providers (“Nannies” or “Nanny”).
2. Platform Participation and Platform Fees
2.1 As a Family:
a. You may register as a Family by completing the registration form and paying the applicable Platform Fee based on the type of service you require on our website: https://www.nznannies.co.nz/ (“Website”).
b. You agree to provide accurate, current, and complete information about yourself as requested or directed on the Website, and to promptly update this information to maintain its accuracy. We reserve the right to suspend or terminate your participation in the Platform if we suspect that such information is inaccurate or incomplete.
2.2 As a Nanny:
a. You may apply to become a Nanny by completing the application form on our Website. You agree to provide accurate, current, and complete information about yourself as requested or directed on the Website and to promptly update this information to maintain its accuracy. We reserve the right to suspend or terminate your participation in the Platform if we suspect that such information is inaccurate or incomplete.
2.3 Agreement to Terms:
These Terms become binding when you agree to them, including by clicking “I consent”, “I agree”, or similar, or by purchasing and/or commencing a listing on the Platform.
3. Listing and Obligations
3.1 Families:
To qualify and remain listed on our Platform, as a Family, you warrant that you:
a. are at least 18 years old or have parental/guardian consent to participate;
b. will not book any Nannies directly;
c. will not make any bookings privately with our Nannies outside of the Platform;
d. will communicate all company-related queries directly to the Director of NZ Nannies;
e. will maintain the accuracy of information provided to us and to users of the Platform;
f. will comply with the policies for the duration of your registration on our Platform;
g. will obey all applicable laws.
3.2 Nannies:
To qualify and remain listed on our Platform, as a Nanny, you warrant that you:
a. are at least 18 years old or have parental/guardian consent to participate;
b. will maintain the accuracy of information provided to us and Platform users;
c. will keep profile details (including your name, email, address, and bank account number, where relevant) up to date;
d. will notify us if you wish to make changes to your working term;
e. hold a current First Aid Certificate;
f. hold and maintain appropriate insurance where required;
g. will obey all applicable laws.
h. Will promptly inform Us if a Family re-engages Your Services at any time after the conclusion of a previous placement, whether on a temporary or permanent basis, regardless of the time elapsed. This includes any form of re-employment or renewed service arrangement, and notification must be made in writing to Us prior to the commencement of any new engagement. Failure to notify Us constitutes a breach of these Terms and may result in removal from the Platform and additional fees being charged to the Family.
3.3 Agreement Acknowledgement:
By accepting these Terms, you confirm that you have read, understood, and agree to comply with the information provided, and acknowledge that these Terms govern your Platform listing.
3.4 Our Rights:
We reserve the right to:
a. limit the number of Families and Nannies on our Platform;
b. remove any user information from the Platform;
c. suspend or terminate your access to the Platform in accordance with Clause 5.
4. Booking and Service Fees – Families
4.1 Booking Access:
Your ability to book begins once your application has been accepted by us.
4.2 Approval Rights:
We reserve the right to review and approve or deny applications at our sole discretion.
4.3 Termination of Participation:
Your Platform participation continues until terminated under these Terms or if you choose to stop accessing the Platform.
4.4 Placements:
As a Family, you agree that:
a. the Placement Fee is a one-off payment;
b. all Placement Bookings must be made through us;
c. Placement Fees must be paid in full before the Nanny commences work with your family;
d. you must enter into a private contract with the Nanny for ongoing payment arrangements;
e. for Temporary Placements (2–12 weeks):
these are defined as engagements lasting at least two (2) weeks and up to twelve (12) weeks;
a Temporary Placement Fee applies and must be paid in full before the engagement starts;
if you wish to extend or re-engage the Nanny after the initial term, an additional Placement Fee will apply (equal to the Permanent Placement Fee or as mutually agreed at our discretion).
f. You agree not to bypass the Platform to privately rehire or extend a Nanny's placement. Doing so is a breach of these Terms and may result in immediate suspension or termination from the Platform.
4.5 Placement Cancellations:
If you wish to cancel a Placement:
a. a 30-day probation period applies to the private agreement between Family and Nanny;
b. the probation period begins on the Nanny’s first day;
c. either party may terminate during this time;
d. we will replace the Nanny free of charge, but fees for services already provided will not be refunded;
e. all cancellations must be submitted in writing via email.
4.6 Payment Terms:
You will pay the Placement Fees:
a. via electronic funds transfer to a nominated account;
b. upon receipt of a Tax Invoice.
4.7 Refund Policy:
Placement Fees are non-refundable unless required by law. Refunds are not granted for changes in your situation or if you change your mind, except within the 30-day probationary period. No prorated refunds are issued for unused portions of Platform participation.
4.8 Non-payment:
Failure to pay the Placement Fees may result in cancellation or suspension of your participation or denial of Platform services until payment is made.
5. Termination
5.1 Our Right to Terminate:
We may terminate these Terms immediately, by written notice, if:
a. you fail to comply with these Terms or breach any warranty, undertaking, or obligation under this agreement;
b. you engage in conduct that is or may be harmful to our reputation;
c. you disclose confidential information without consent;
d. your actions are contrary to our interests; or
e. we believe mutual trust and confidence no longer exist.
5.2 Termination – Families:
We may terminate your participation immediately if you:
a. fail to pay Placement Fees when due;
b. contact Nannies directly before the Placement Fee is paid or outside of the Platform.
5.3 Termination – Nannies:
We may terminate your participation immediately if you:
a. promote your services on any platform other than ours;
b. accept engagements from another platform while listed on ours;
c. privately arrange services with a Family instead of using our Platform.
5.4 Family-Initiated Termination:
As a Family, you may terminate a private contract made through a Placement Booking within the three-week probationary period.
5.5 Effect of Termination:
If we terminate your participation, we may—but are not obligated to—refund any prorated portion of the Platform Fee. Your listing will be removed immediately. Any outstanding service requests will be managed according to the Family Handbook.
5.6 Your Right to Terminate:
You may exit the Platform at any time by giving written notice.
5.7 Removal Timeline:
Upon termination, your listing will be removed from the Platform within 48 hours.
6. Disclaimers, Warranties and Indemnities
6.1 No Endorsements:
Reference to products or services on the Platform does not constitute an endorsement, sponsorship, or recommendation by us.
6.2 Limitation of Liability:
You agree that:
a. we, including our directors and agents, are not liable for any loss or damage resulting from your participation, except as required by law;
b. the Platform is provided “as is”, without warranties (express or implied);
c. all implied warranties or terms not included in these Terms are excluded to the fullest extent permitted by law;
d. if a major issue occurs with the Platform or Services, we will resupply the service or offer a refund—determined at our sole discretion;
e. we are not liable if you choose to proceed against our advice, fail to clearly communicate your needs, or simply change your mind;
f. you are responsible for all tax obligations related to your use of the Platform;
g. we are not responsible for the relationship between you and the other party (Family or Nanny);
h. we cannot and do not guarantee specific results;
i. you will indemnify us for all losses, costs, damages, or claims arising from your breach of these Terms.
6.3 Additional Limitations:
We are not liable for:
a. your use or inability to use the Platform;
b. services provided through the Platform;
c. any injury, loss, or issue resulting from those services;
d. third-party actions or statements;
e. your reliance on advice or recommendations from other users.
6.4 Nanny Responsibility:
As a Nanny, you understand your agreement with the Family is separate from your agreement with us. We are not a party to your private contract and are not responsible for its execution. You are solely responsible for delivering services and maintaining insurance, certifications, and compliance.
7. Confidentiality and Privacy
7.1 Confidentiality:
Each party agrees to:
a. keep the other party’s confidential information private;
b. ensure all personnel, contractors, or advisors who receive confidential information comply with this clause.
7.2 Exceptions:
Confidentiality obligations do not apply if:
a. disclosure is required to perform the Terms or exercise legal rights;
b. required by law;
c. the information is publicly available or lawfully received from a third party.
7.3 Definition of Confidential Information:
Includes any business, financial, marketing, technical, client, or strategy-related information not publicly available. This also includes Platform Materials, Handbooks, login credentials, trade secrets, and any proprietary documents or content.
7.4 Use of Personal Information:
We collect and store your personal information for Platform-related purposes and marketing (with your consent). You may withdraw consent at any time via email or the unsubscribe link in our emails. Your information is handled per our [Privacy Policy] (available on the Website).
8. Miscellaneous
8.1 Independent Contractor:
As a Nanny, you are not our employee, partner, agent, or joint venture. You may not contract or represent us in any way.
8.2 Platform Availability:
We strive to maintain access to the Platform but are not liable for unavailability due to illness, emergency, technical issues, or force majeure events. If interrupted, we will provide alternate access dates.
8.3 Internet Access:
You are responsible for your own internet access, equipment, and any associated costs or technical issues.
8.4 Entire Agreement:
These Terms, along with our Privacy Policy, Website Terms & Conditions, and Family Handbook, constitute the entire agreement between you and us.
8.5 Governing Law:
These Terms are governed by the laws of New Zealand. You submit to the exclusive jurisdiction of New Zealand courts.
8.6 Discontinuation:
We may discontinue the Website or Platform at any time, with or without notice, and are not liable for any related consequences.
8.7 Changes to Terms:
We may modify these Terms, Fees, and benefits at any time in compliance with applicable laws. Updates take effect when posted. It’s your responsibility to check for updates. If you disagree, you may terminate your account in writing.
8.8 Continued Use:
Your continued use of the Platform after changes constitutes acceptance of the updated Terms.
8.9 Severability:
If any part of these Terms is deemed invalid or unenforceable, the remaining Terms remain in effect. The invalid part will be replaced with a valid, enforceable clause that reflects the original intent.
8.10 Assignment:
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights at any time without notice or your consent.