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Terms & Conditions

Enchanted Nanny Agency’s mission statement is to provide the best possible service to its users and maintain the integrity of its marketplace for the benefit of all users. It has therefore developed these Terms to regulate how its may be used. This is a contract between you, as a user of the Enchanted Nanny Website, and Enchanted Nanny Agency.

 

  1. General

1.1 These Terms and Conditions of Use (the Terms) govern your use of the Website located at www.enchantednanny.com.au and (the Website) and forms a binding contractual agreement between you, the user of the Website and us, Enchanted Nanny Agency Website ABN [22949131826], the owner and operator of the Website (Enchanted Nanny Agency, us or we).

1.2 These Terms are important and you should ensure that you read them carefully. If you have any questions regarding this Website, please contact us at [0413607740] or at [contact@enchantednannyagency.com.au]. By using the Website you acknowledge and agree that you have understood these Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.

1.3 Enchanted Nanny Agency is an Introduction Agency matching nanny, au pair, mother’s help, housekeeper, or other child care professional (Candidates) to Australian families (Families). We provide a personal and professional service, personally screening and interviewing candidates to best ensure a successful match. Enchanted Nanny Agency facilitates the relationship between Candidates and Families that wish to appoint them. The relationship is one of agent only, we do not employ Candidates rather we facilitate the ability for Families to engage with and employ them. Enchanted Nanny Agency is a not a party to any contract between a Candidate or a Family.

1.4 You acknowledge and agree that Enchanted Nanny Agency is in no way directly involved in any transaction between Candidates and Families and our role is strictly limited only to providing a platform to allow families to engage and employ Candidates. While all care is taken to find suitable candidates for families, Enchanted Nanny Agency in no way guarantees the description, performance or delivery of services provided by Candidates nor does it provide any guarantee as to the authenticity or bona fides of any Family that employs a Candidate in any respect or manner whatsoever.

1.5 Information on the Website is general information only. Enchanted Nanny Agency and its directors, agents or employees do not accept and are by these Terms released by you of any liability to you arising (whether directly or indirectly) out of the information provided on the Website or anyone else through the Website or any errors in, or omissions from information on the Website or the accuracy of any information available on the Website.

1.6 You (as a Website user) and Enchanted Nanny Agency are independent contractors and no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by this Terms and Conditions agreement or your use of the Website or Enchanted Nanny Agency services.

1.7 Users of the Website must be over the age of 18 and must be a natural person or a person whom represents a business entity.

1.8 Any commercial use of the Website by you requires the prior written approval of Enchanted Nanny Agency.

1.9 Enchanted Nanny Agency reserves the right to change these Terms, the Website or content contained with the Website at any time with or without any notice to you nor giving any explanation for such change.

1.10 By operating the Website Enchanted Nanny Agency does not assume a duty of care to users of the Websites. Enchanted Nanny Agency does not provide any professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked to any user of the Website.

1.11 You will at all times indemnify and keep indemnified Enchanted Nanny Agency and its respective officers, employees and agents (referred to as those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms by you; and publication of or distribution of the material and/or information supplied by you.

1.12 All personal information you provide to Enchanted Nanny Agency will be treated in accordance with Enchanted Nanny Agency Privacy Policy.

1.13 Enchanted Nanny Agency and its authorised representatives may gather and process any information which you provide when accessing the Website which may include personal information. Please see our Privacy Policy for further details on how we manage your personal information.

1.14 Enchanted Nanny Agency may use any information provided by you on the Website to engage in direct marketing to you in any medium. Enchanted Nanny Agency may use push notifications as part of its marketing services to you.

1.15 Enchanted Nanny Agency may share your contact details with a business or individuals introduced through the use of Enchanted Nanny Agency’s services

1.16 You acknowledge that Enchanted Nanny Agency is not a party to any contract or agreement between a Family and a Candidate and cannot and will not resolve any disputes between a Family and a Candidate.

1.17 Enchanted Nanny Agency is not and will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law which are the consequence of any user acting, or failing to act, on any information contained on or referred to on the Website or through the failure or incorrect use of Enchanted Nanny Agency’ services.

1.18 Enchanted Nanny Agency may, at its absolute discretion, refuse to allow any person to register or create an account with Enchanted Nanny Agency or cancel or suspend any existing account without notice or without giving any explanation.

 

  1. Customer Support & Complaints Policy

2.1 Enchanted Nanny Agency will attempt to resolve any customer complaints and answer any questions within 2 business days of the first contact made by a customer by email to contact@enchantednannyagency.com.au

 

  1. Cookies

3.1 Platform analytics measurement software may be used to assist in tracking traffic patterns to and from the Website to survey users of the sites.

3.2 Cookies are small pieces of text stored on your computer to help us determine the type of browser and settings you are using, where you have been on the Website, when you return to the Website, where you came from, and to ensure your information is secure. The purpose of this information is to provide you with a more relevant and effective experience on the Website, including presenting web pages according to your needs or preferences.

3.3 We may also use external service providers to track the traffic and usage on the Website. Cookies are frequently used on many platforms on the internet and you can choose if and how a cookie will be accepted by changing your preferences and options in your browser. You may not be able to access some parts of the Website if you choose to disable the cookie acceptance in your browser, particularly the secure parts of the Website. We therefore recommend you enable cookie acceptance to benefit from all the services on the Website.

 

  1. Governing Terms

4.1 If any part of these Terms are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.

4.2 These Terms are governed by and interpreted in accordance with the law of Queensland, Australia, without giving effect to any principles of conflicts of laws.

4.3 You agree to the jurisdiction of the courts of Queensland to determine any dispute arising out of these Terms.

 

  1. Disclaimer of Liabilities

6.1 Enchanted Nanny Agency does not warrant, guarantee or make any representation that:

  1. the Website is free of software viruses;
  2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
  3. errors and defects in the Website will be corrected.

6.2 Enchanted Nanny Agency is not liable to you for:

  1. errors or omissions in the Website; and
  2. delays to, interruptions of or cessation of the Website.

6.3 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

6.4 You agree to indemnify and hold harmless Enchanted Nanny Agency and all its related parties, associates and authorised representatives from all claims, demands, liabilities, losses, damages and expenses (including without limitation reasonable legal fees and expenses), arising from or in connection with the use of the Website.

 

  1. Intellectual Property


7.1 The brand names, slogans, trademarks, service marks, designs, and logos used on the Enchanted Nanny Agency Website or in conjunction with the Enchanted Nanny Agency’ services, including without limitation Enchanted Nanny Agency are the trademarks of Enchanted Nanny Agency.

7.2 You further agree not to use any domain name, trademark, trade name, service mark, logo, or other materials confusingly similar to the trademarks without the prior written consent of Enchanted Nanny Agency.

7.3 All information and materials published, transmitted, or otherwise available on the Website or through the services we provide are protected by copyright or trademarked (as applicable), and owned or controlled by Enchanted Nanny Agency, its licensors, or affiliated companies.

7.4 You shall abide by all copyright and trademark notices, limitations, and restrictions applicable to any Enchanted Nanny Agency. Without limiting the foregoing, no content owned by Enchanted Nanny Agency may be copied, reproduced, republished, reused, uploaded, downloaded, posted, or transmitted, other than through the Website or the provision of our services in accordance with its intended use.

7.5 The software, hardware, and other technologies which Enchanted Nanny Agency uses to deliver the its services contain confidential and proprietary information, trade secrets, and other property rights belonging to Enchanted Nanny Agency and its licensors, and all rights to the Enchanted Nanny Agency technologies and all property rights related to its services shall remain exclusively with Enchanted Nanny Agency and its applicable licensors.

 

  1. Contacting Us

8.1  If you require further information regarding these Terms, please email contact@enchantednannyagency.com.au or phone 0413 607 740.

These Terms are dated April 2020

The material on the Website is copyright © 2020 Enchanted Nanny Agency

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