1. Requesting babysitting services
1.1 The Platform allows You to send a request to make a booking for babysitting services (Services) from a particular provider of those services (Babysitter) at a time and for a duration of your selection.
1.2 If your request for Services is accepted by the Babysitter, We will provide:
(a) You with a booking confirmation through the Platform, and information regarding the Babysitter which will include the Provider’s name, vehicle details (including registration number, make and model) if Services require transportation, mobile phone number, a picture of the Provider and any other details We consider appropriate including history and references; and
(b) the Babysitter with Your details (including address) and the details of your children requiring the Services (as entered on the Platform) as necessary to enable the Babysitter to provide the Services.
1.3 You must:
(a) only contact Providers via the instant messaging service provided through the Platform; and
(b) not contact any Provider or otherwise use any of their personal information other than for the purpose of receiving Services.
2.1 Mobility does not verify, review, evaluate, interview, screen, vet or perform background checks on babysitters.
2.2 Pursuant to clause 1 above, Mobility notes that it is the responsibility of all Users to check the identification, and the documentation provided on the Platform, of the Babysitters prior to the provision of the babysitting Services. Mobility also recommends all participants exercise due skill and care in verifying the identity of any babysitter prior to the provision of the babysitting Services.
2.3 You agree that You are responsible for ensuring the Babysitter has a current and valid driver’s licence suitable for the purpose(s) required by You in performing the Services, and is familiar with the Australian road rules, and roads.
3. Agreement for Babysitting
3.1 The agreement for the Babysitter’s provision, and Your receipt, of the Services will be an agreement solely between the Babysitter and You. The terms of this agreement are available here and you will need to accept them to book the Services. At no time will Mobility have any obligations or liabilities in respect of such agreement.
3.2 Participants are the potential employers of Babysitters (depending on frequency of use) and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable employment standards legislation (including minimum wage laws), occupational health and safety legislation, and worker’s compensation insurance or benefit programs).
4.1 There are risks, including but not limited to risk of physical harm, when you deal with someone you connect with through the Platform. You assume all risks associated with dealing with other persons with whom you come in contact through the Platform.
4.2 Mobility makes no representations or warranties that you will find a Babysitter on the Platform or in respect of the Services’ fitness for purpose or suitability for you or your family.
5. Workplace Safety Assessment
5.1 As a part of receiving Services through the Platform, You acknowledge and agree that:
(a) the first time a Provider attends Your home they will complete the Workplace Safety Assessment (found here) (WSA) for Your premises and submit the WSA to the Platform; and
(b) the WSA may be attached to Your Account and may be viewed by any Provider whom You engage to provide Services to You.
6.1 You may choose to cancel the Services by notifying the relevant Provider through the Platform at any time prior to the provision of the Services. If:
(a) You cancel the Services more than 24 hours prior to the agreed time and date for the provision of the Services, You will not be required to make any payment for the Services; and
(b) You cancel the Services less than 24 hours prior to the agreed time and date for the provision of the Services, You will be required to make full payment for the Services.
7.1 You will be charged and must pay the total agreed fee for the Services displayed and accepted by You on the Platform (Agreed Fee). Mobility collects the Agreed Fee (plus any additional amounts and/or less any deductions agreed between Mobility and the Babysitter) on behalf of the Babysitter.
7.2 Payment of the Agreed Fee will be facilitated by the Platform though your authorised payment method.
7.3 If any amount paid by You is fully or partially refundable for any reason such amounts will be credited to Your Account on the Platform (so it can be applied against any subsequent Service(s)) or refunded to You in accordance with and subject to applicable law.
8.1 To the maximum extent permitted by law, You will indemnify and hold harmless Mobility (and their respective directors, officers, employees, agents and representatives) (“Those Indemnified”) from and against any losses, damages, liability, claims, costs, penalty and expenses (including, reasonable legal fees) incurred by Mobility arising out of or in connection with any:
(a) personal injury (including sickness and death) or property damage caused or contributed to by You in connection with any Services; or
(b) claim by a Babysitter or any other third party caused by any of Your acts or omissions.
9.1 To the maximum extent permitted by all applicable laws:
(a) the Platform and any Services you arrange through the Platform are provided on an “as is” and “as available” basis and We make no representation, warranty, or guarantee regarding:
(i) the condition, performance, accuracy, completeness, reliability, timeliness, quality, suitability, availability or fitness for a particular purpose of the Services; or
(ii) the quality, suitability, safety or ability of the Babysitter;
(b) We do not endorse, advise or recommend any of the Babysitters, nor do We guarantee or provide any assurance in respect of the behavior, actions or data of Babysitters posted on the Platform, and You agree that the entire risk arising out of any Services remains solely with You, to the maximum extent permitted under any applicable laws.
9.2 We are not be liable for:
(a) any loss or damage to your family or to your home or assets that You may incur arising out of or in connection with the Services, including the conduct of the Babysitter and any accidents, incidents and issues involving the Babysitter;
(b) the Services or the Babysitters being unavailable, of a particular standard of workmanship, failing to meet their profile description, , failing to meet the User’s needs, or being of less than merchantable quality.
10. Feedback and complaints
10.1 You may, but are not required to, rate the Babysitter after conclusion of their Services, and You must be fair, accurate and non-disparaging while leaving complaints, comments, feedback, testimonials or reviews on or about Babysitters.
10.2 All issues, complaints, opinions, suggestions, questions and feedback in respect of the Ride or the Babysitter should be notified to Mobility or communicated to Mobility through the Platform.
10.3 Notwithstanding clause 9.2, any disputes in relation to the terms of the Services must be settled in accordance with the terms of the service agreement between You and the Babysitter referred to in clause 3 above.