Sittr Terms and Conditions
Last Updated: October 31, 2016.
General Terms and Conditions
- Sittr’s Website and App is owned and operated by Sittr Pty Ltd (ACN 600 000 495 ) (“Sittr”).
- In this agreement the following terms are defined as follows:
- “Intermediary” refers to the relationship between Carers and Clients where Sittr acts as an intermediary by introducing Clients to Carers.
- "Carer" refers to any person offering child minding services via the Website or App, including services as a babysitter or nanny on an ad hoc, casual or regular basis.
- "Client" refers to any person(s), or family requesting child care services via the Website and includes the parents, guardians or carers of a child or any other person using the Website to find a Carer.
- “Intellectual Property” means all industrial and intellectual property rights of whatever nature throughout the world conferred on Sittr under statute, common law or equity, whether existing now or at any time in the future in relation to the Website or otherwise;
- all rights belonging to Sittr in respect of or in connection with copyright, inventions (including patents), formulae, databases, business processes and methods, trademarks, service marks, business names, trade names, domain names, designs, confidential information, trade secrets or otherwise;
- concepts, ideas, methods, methodologies and business methods developed in relation to the Website and App;
- the copyright subsisting in all documents and electronically stored files encompassing the things referred to in paragraphs (a) and (b);
- any invention, discovery, or right to apply for a patent, trade mark or design in relation to anything referred to in paragraphs (a), and (b); and
- “Member” or “Membership” refers to a Client or a Carer that has registered on the Website or App.
- “Website” refers to the domain of sittr.com, being the online medium by which the Sittr matching service is able to operate. This term includes website operations performed on sittr.com.
- “App” refers to an installed application on a smart phone, tablet or any other medium capable of running Sittr in its applicable form, which is available for download (via a service such as Apple iTunes and Google Play).
- “Overtime” refers to any additional time (rounded to the nearest 30 minutes) that a Carer spends at a booking beyond the confirmed scheduled time.
- "Working with Children Check" refers to a full disclosure State/Territory wide check conducted by the relevant State/Territory based Child Protection Authority in each State/Territory in which the Carer is offering occasional child minding services via the Website or App.
- "Working with Children Card" refers to a card that is issued by the relevant State/Territory based Child Protection Authority as proof that a person has had a satisfactory Working With Children Check applicable to the State/Territory in which the Working with Children Card is issued.
- "First Aid Certificate" refers to a current and valid statement of attainment in a recognized First Aid training program that includes CPR, Asthma and Anaphylaxis training.
- "Insurance" refers to the public liability insurance policy that provides insurance cover (subject to the Policy Wording) for Carer services booked via the Website or App. No insurance cover is provided for Carer services that are not booked via the Website or App.
2. Acceptance of these Terms and Conditions
- Your access to and use of Website or App will be governed by these terms and conditions (the “Terms”).
- Sittr may change the Terms at any time. Such amendments will have effect on the date the amendments are posted on the Website and in the App and a notice has been emailed to you notifying you that amendments have been made. Your continued use of the Website or App after any changes are made to these Terms will be deemed to constitute your acceptance of those changes.
- If you object to any changes to the Terms, or otherwise become dissatisfied with your membership, you should immediately discontinue your use of the Website or App and/or terminate your Membership.
3. Membership Requirements
- In order to access the services provided by the Website or App, both Clients and Carers are required to register as Members.
- Carers must be aged 18 and over and be legally able to work in Australia in order to register with Sittr. Carers will be required to submit personal details including, but not limited to, photo identification, details of a current Working With Children Check and a copy of a First Aid Certificate. Once Sittr has validated these details, the Carer will be listed as an “Approved” Carer on Sittr.
- Membership to Sittr provides access to the Carer matching services available through the Website or App. Clients are able to create one profile that may be shared within their family. Carers are not permitted to create multiple profiles and must not share their Membership with other Carers or any other persons.
- Businesses and organisations, including childcare centre operators, nanny or babysitting agencies and recruitment companies are not permitted to register as Clients or Carers on the Website or App. The Website or App is for the personal use of individual members only.
- The Website or App must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails without the express consent of Sittr.
- Members are required to provide Sittr with their contact details including:
- Email address
- Phone number
- Residential address
- Members are responsible for maintaining the confidentiality and security of their own login and password details.
- Members are wholly responsible for all activities that occur under their login and password.
- Members agree to immediately notify Sittr of any unauthorised use of their login or password.
- Members must ensure that they exit from their account at the end of each session.
- Sittr may at any time request a form of identification to verify the identity of a Member or compliance by a Member of these terms.
4. How the site works
- Sittr is a matching and payment service, and acts only as an Intermediary between Clients and Carers.
- Carers create profiles and display their child minding services, skills and location on the Website and App so that Clients may search for babysitters based on location, and child minding requirements.
- Sittr is not an employment agency and is not involved in any employment of Carers by Clients.
- Sittr accepts no liability to Clients for Carers listed on the Website or App. Clients are wholly responsible for all aspects of selecting and booking a Carer.
- Members are wholly responsible for complying with all applicable laws in relation to their employment relationship. Sittr are not responsible for the conduct of any Member using the website, either online or offline.
- Members agree not to transmit any material during the course of their membership that is:
- harmful or threatening;
- obscene; or
- harassing, abusive or discriminatory.
- Members agree not to engage in any activity that:
- facilitates any illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, ethnicity, gender, religious beliefs, sexual orientation or disability; or
- is illegal or causes injury or damage to any person or property
- If Members experience problems with other Members on the website and would like to make a complaint, Members must follow Sittr’s “Dispute Resolution Process” set out in our Dispute Resolution Process below (clause 8).
6. Intellectual Property
Members agree, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties, not to copy, modify, duplicate, create derivative works from, republish, display, transmit or distribute all or any portion of any Intellectual Property on the Website or App in any form.
7. Complaints, Feedback and Account Suspension
- All Members (both Clients and Carers) have the ability to post feedback and ratings through the Website or App or submit a complaint to Sittr
- When posting feedback, Members must adhere to conduct requirements referred to in clause 5 of these Terms.
- Sittr reserves the right to publish feedback on the website, or anywhere else, at its sole discretion.
- Sittr reserves the right to remove any feedback published on the website without notice or warning and may suspend or terminate a membership account for any breaches to the “Conduct” clause of these Terms.
- If a Member finds material, content or feedback on the website which they believe breaches the “Conduct” clause of these Terms, the Member agrees to follow the Dispute Resolution Process as outlined in theses Terms.
- Sittr reserves the right to suspend a membership in the event that:
- it is assessing a complaint in accordance with the Dispute Resolution Process;
- there is a pending dispute with another member, Sittr or any other third party;
- the Member receives feedback that brings, or is likely to bring, Sittr into disrepute;
- the Member receives consistent negative feedback that Sittr, in its sole discretion, does not believe to be reflective of reasonable conduct of a Member in the circumstances.
- If a Member is suspended he/she may have their profile removed from the Website and App until a notification is provided in writing that the Member’s suspension has ended.
- During a complaints procedure, term of suspension, or any other time, Sittr may conduct an investigation into the conduct of any Member.
- If a Membership termination results for any reason, Sittr is under no obligation to reinstate the Membership.
- In addition to breach of the “Conduct” clause in these Terms, Sittr reserves the right to suspend or terminate a membership for any conduct that it considers to be inappropriate or unjustified.
8. Disputes and Dispute Resolution Process
- Members are encouraged to resolve any disputes between themselves in an appropriate manner through the communication channels available on Sittr's Website or App.
- If a dispute cannot be resolved between Members and a written dispute notice is provided to Sittr within 24 hours of the unresolved dispute, Sittr will mediate the dispute and make a final decision on a resolution.
- If a Member wishes to make a complaint for any reason they are required to follow the Dispute Resolution Process as set out below.
- Dispute Resolution Process:
Sittr operates a Dispute Centre, accessed through the Support option on our Website or App. Members must adhere to the following Dispute Resolution Process:
- Members must submit any complaint or dispute they wish to initiate via the Dispute Centre. Members must outline their complaint or dispute in appropriate details and include written correspondence/examples of feedback where available.
- Once the dispute is submitted it will be reviewed by a Sittr team member within 24-48hrs of receipt of the submission. Where a complaint is urgent, please indicate this in the written description of your complaint so that a team member can respond as quickly as possible. The Sittr team member may contact either party for additional information.
- The Sittr team member will make a final decision on the matter.
- Sittr may terminate a membership at any time for any reason by providing written notice to that Member.
- Sittr may terminate a membership for any breach of these Terms or if we otherwise believe that a Member is acting unreasonably or is unfit to remain a Member of the website.
- Sittr also reserves the right to, without limitation, do any or all of the following in relation to your membership:
- suspend your membership;
- permanently or temporarily hide all or part of your profile;
- modify your profile;
- deactivate your membership if you have not used the Website or App for a period of 18 months or more (from the date of last use); and/or
- permanently or temporarily block your access to all or part of the Website and App.
- A Member may terminate their membership at any time by following the process outlined in the Support section of our Website or App.
- While Sittr verifies the Working With Children Check and First Aid qualifications of all Carers prior to membership confirmation, no warranty is given for suitability, including but not limited to honesty, capability or character of any Carer.
- Sittr make no warranties or representations as to the quality, accuracy or completeness of the content on the Website or App or the information otherwise provided by any Member.
- Sittr uses reasonable endeavours to ensure that the Website and App are available 24 hours a day, however Sittr does not make any representations or warranties that your access will be uninterrupted or error free. Access to the site may be suspended temporarily without notice in the case of system failure, web hosting errors, maintenance or repair or any reason beyond our control.
11. Liability and Acceptance of Risk
- Members are wholly responsible for their participation on the Website or App and Members use the Website or App at their own risk.
- Members acknowledge that Sittr are not responsible for, and accepts no liability in relation to, Members use of the Website or App or Members conduct in connection with the Website or App (whether online or offline), or any other members' use of, or conduct in connection with the Website or App (whether online or offline), in any circumstance.
- Members are solely responsible for content that you transmit or post via the Website or App, or otherwise transmit to any member of the Website or App by any other means. Sittr disclaim all liability with respect to any content transmitted or posted on the Website or App, or otherwise transmitted to any Member by any other means, by any person, including Members reliance on such content.
- To the maximum extent permitted by law, Sittr excludes all implied representations and warranties which might apply in relation to Members use of the Website or App. To the extent that Sittr’s liability cannot be excluded by law, Sittr’s maximum liability to Members will be limited to the total amount paid by Members (if any) for any chargeable service or feature on the Website or App purchased by Members during the term of Membership.
- In no circumstances will Sittr be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
- By using the Sittr Website or App Members expressly authorise Sittr to collect and publish information about them as detailed in these Terms and Members expressly waive any rights, whether in statute or at common law, to bring any legal action against Sittr Pty Ltd as a result of Sittr's publication of such information, whether the Member considers that information to be fair and accurate or not.
- Members agree to indemnify Sittr for any loss, damage, cost or expense that Sittr may suffer or incur as a result of or in connection with Members use of the Website or App or Members conduct in connection with the Website or App, including any breach by Members of these Terms.
- The Sittr Website or App may contain links to third party advertisements and links to third party sites. Access to any other Internet site linked to the Sittr Website or App, is at Members own risk. Sittr accepts no responsibility for the accuracy or reliability of any information, opinions, or statements made in any third party advertisements or on any third party sites.
12. Client Obligations
- All bookings must be made directly between the Client and the Carer that the Client has chosen to contact using the Website or App. All correspondence will be conducted via Members profiles and the messaging service on the Website or App. Alerts will also be sent to Members personal email addresses and/or via the App.
- The Client agrees that the number of hours will be submitted by the Carer at the end of the booking and the Client will be charged in accordance with the hourly rate set out in clause 13. If a Carer is required for more hours than initially agreed, such overtime will be charged as per the hourly rate.
- The Client agrees that payment is required to be made to Sittr directly at the time of Carer confirmation. The Client understands that at the time of booking confirmation their credit card will be charged, with the funds being held by Sittr until payment is made to the Carer and Sittr after completion of the booking.
- The Client understands and agrees that Carers must be provided with an occupationally safe environment. Providing a safe environment is the sole responsibility of the Client, who bears all risks and liabilities in circumstances of injury
- Sittr strongly recommends that Clients update their Home and Contents Insurance to reflect the possibility of accidental or negligent property damage. Under no circumstances will Sittr be liable for any property damage, personal injury, illness or death caused by the actions of a Carer booked through Sittr.
- In circumstances where Sittr (in its absolute discretion) believes that there is sufficient negative feedback or any feedback of a concerning nature regarding the Client, Sittr reserves the right to block the Client’s profile from Sittr without notice.
- Clients understand that Carers may, in their absolute discretion, choose to decline a booking. Sittr is a matching service and Clients understand and acknowledge just as they choose which Carer to request a booking with, Carers may also choose which bookings to accept.
- Clients acknowledge and agree to their credit cards being pre-authorised by Sittr upon confirmation of their membership and prior to booking their first Carer. Clients understand that once a booking is offered and accepted via Sittr, payment from their credit card will be deducted immediately.
- In the event that a credit card payment fails for any reason upon confirmation of a Carer the booking will be cancelled.
- The Client understands that they are engaging a Carer as an independent contractor. The Client understands that the independent contractor relationship is exclusively between the Client (as Principal) and the Carer (as Contractor). Sittr is not a party to this relationship and bears no responsibilities in respect of this agreement.
- Clients should obtain their own tax advice with respect to their employment tax obligations (if any) in respect of engaging a Carer via Sittr.
- The Client understands that these terms constitute the written terms of the independent contractor agreement that exists between each Client and Carer.
- The Client agrees to make themself reasonably available by phone during a scheduled booking so that they may be contacted in the event of an emergency.
- Fees are payable in Australian Dollars and charged to a Client's credit card at the time of confirmation.
- Clients understand that in no circumstances will Carers be confirmed or dispatched without payment being successfully received by Sittr.
- Carers will provide Sittr with a ‘Completion Confirmation’ to confirm the booking was successful and advise Sittr of the total length of time of the booking. If a booking goes for longer than the schedule time, additional standard fees will be charged (in 30 minute increments) to the Client’s credit card.
- The standard hourly fee charged by the Carer via Sittr to the Client is $26.00 per hour per Carer (inclusive of GST if any).
- The standard daily fee charged by the Carer via Sittr to the Client is $180.00 per day per Carer (inclusive of GST if any). The daily rate is only applicable for bookings of up to 8 hours, Monday through Friday. Additional hours are charged at the standard hourly fee.
14. Cancellation Policy
- If a cancellation of the Carer is made by the Client within 24 hours of the scheduled commencement time, a minimum of 50% of the fees will be charged to the client and forwarded onto the babysitter.
- If a cancellation of the Carer is made by the Client more than 24 hours before the scheduled commencement time, 100% of the fees paid by the Client will be refunded.
- If a Carer cancels the booking before the commencement date, The Sittr Refund Policy, at clause 15 of these Terms, will apply.
- Sittr cannot be held responsible for cancellations or no-shows of a babysitter.
- Sittr reserves its rights to cancel any babysitting services immediately if a babysitter has been mistreated, found to be working in an unsafe environment or is harmed in anyway. Clients understand that there will be no refund in these circumstances.
- Refunds and Gurantee
- Clients understand that Sittr is a matching service only and cannot control the availability of the Carers listed on its Website or App.
- In circumstances where a Carer cancels within 8 hours of a confirmed booking date, Sittr will endeavour to provide a replacement Carer if possible. In the event a suitable replacement cannot be found for the booking time, our Refund Policy will apply.
15. Refund Policy
- In the event that a confirmed Carer fails to show up for a confirmed booking for any reason, without providing a cancellation notice, a 100% refund will be provided.
- If a Carer cancels a confirmed booking at any time prior to the booking commencement time, a 100% refund will be provided.
- If a Client cancels a confirmed booking within 24 hours of the commencement time, 50% of the fees paid by the Client will be refunded.
- In circumstances where a confirmed Carer arrives late, Clients will be provided with two available options:
- A refund (based on 30 minute increments) may be provided for the time that the Carer was absent; or
- On mutual agreement between the Client and Carer, The Client may extend the finish time to accommodate the late arrival, in which case no refund will be provided.
- In circumstances where Clients arrive home early and a booking finishes before its scheduled time, no refund will be given.
- In circumstances where Clients arrive home early at the request of the Carer, a partial refund will be provided based on the actual number of hours that the Carer worked.
- In circumstances where Clients arrive home to end the booking later than scheduled, Carers will record this when confirming the end of their booking with Sittr and the overtime (based on 30 minute increments) will be charged to the Client’s credit card
- A refund will not be applied in circumstances of unreasonable working conditions, change of location by the Client after booking confirmation, change of job description after booking confirmation, or if Sittr believes the Carer has been mistreated in any way or is at risk of being in an unsafe work environment.
1. What Personal Information do we collect and how do we use it?
Sittr collects your your name, phone number, residential address and email address (“Personal Data”) and may use your information for the following purposes:
- to provide you information about a product or service;
- to consider your request for a product or service;
- to tell you about other products or services;
- to assist in arrangements with other organisations (such as loyalty partners) in relation to the promotion and provision of a product or service;
- to perform administrative and operational tasks; and
- as required by relevant laws, regulations, codes and external payment systems.
If you do not provide some or all of the information requested, Sittr may be unable to provide you with a complete and accurate service.
You are able to opt out of any direct marketing communication we may send you by following the procedure in that communication.
Individual profile and personal contact details are not used for any purpose other than as reasonably necessary for the services provided by the website. The services provided by this website require the disclosure of certain personal information to allow members to engage with the babysitter matching services offered by Sittr
Some personal contact details will be available for viewing by other members on the website, such as your name and suburb location. Specific residential address and mobile number will only be available to members in the event of a confirmed booking and for the purpose of performance of services.
2. How to keep your Personal Information up to date?
Personal contact details stored on the website such as your email address, residential address and phone number may be accessed and updated by you at any time.
Any changes to your personal details will be stored on our Website and App and your most recent changes will be used as your current and up to date contact information. You may update your Personal Data through updating your profile on the Website or in the App.
If you are experiencing problems when updating your contact details, you may contact Sittr directly for personal details to be updated
3. Disclosure of Your Personal Information
Your Personal Data will be disclosed to other Members of the Site in accordance with the Terms and Conditions.
For Carers, we will disclose your name and Working With Children Check application/reference number with the relevant Government Agency in order to validate the status and authenticity of your check in order for you to set up a profile in accordance with our Terms and Conditions.
For Carers, we will disclose your name, Working With Children Check application/reference number and identity document number along with your booking history to our insurance provider so that you can be added to the Sittr Insurance Policy.
For Carers, we will disclose your name, address, bank account and identity document details with our payments provider so that you can receive payment for your services.
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
If there is a change of control of Sittr (whether by merger, sale, or otherwise), or a sale or transfer of its assets, customer information, which may include your Personal Data, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction.
Sittr does not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of services we have engaged or to protect the rights, property or safety of Sittr Pty Ltd, its customers or third parties or if required by law.
Sittr may, however, use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
We use Amazon Web Services based in the United States to store your Personal Information. All access is authenticated and access methods are encrypted. The servers we used are protected with firewalls.
5. Unsolicited Information
If Sittr receives any unsolicited personal information it will immediately destroy such information unless it would have been entitled such information.