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Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THEY CONTAIN A BINDING ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION RIGHTS.

Definitions

The “App” means the application used to access www.thebestbabysitters.com .

“Babysitter” includes all child care providers, including babysitters and nannies.

“The Best Babysitters” means Gameshape Pty Ltd.

“Information” means information provided within the Service, including information about Site Members provided by them.

“Parent” includes the parent, foster parent, or legal guardian of a child.

“Privacy Policy” means the policy governing The Best Babysitters’ use of your personal information, available here .

The “Service” or “Services” means the Site and the App, which together are referred to as the Service.

The “Site”: the www.thebestbabysitters.com website.

“Site Member(s)'' includes Parents and Babysitters who register on the Site or App. Agencies and Recruitment companies are not permitted to register.

“Terms” means the Terms and Conditions of Use and the Privacy Policy.

“Terms and Conditions” or “Terms of Use” means this Terms and Conditions of Use agreement.

“User” means any user of the Service, including but not limited to Site Members, visitors to the Site or App, or individuals who download the App.

“You” or “you” includes Parents, Babysitters, Users, and any visitor to this Site or App.

Overview

Welcome to the Service. The material provided to you by The Best Babysitters is protected by law, including, but not limited to, United States Copyright law and international treaties. The Best Babysitters makes no representations as to the appropriateness of the materials for access from other locations. Access to these materials from territories where their contents are illegal is prohibited; if you choose to access these materials from such a territory, you are responsible for compliance with local laws and regulations.

Acceptance of these Terms and Conditions

You must read these Terms and Conditions carefully before browsing the Site or the App, or becoming a Site Member and using the Service provided by the The Best Babysitters. By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use the Service. The Best Babysitters will from time to time update the Terms, so it is important that you revisit this page regularly. If The Best Babysitters makes such revisions, you will be notified via a notation that the Terms and Conditions or other portion of the Terms are new next to the link to the relevant portion of the Terms. A notice of the last date of revision will always appear at the bottom of these Terms and Conditions. If you have an account, we will also send you an email letting you know that we are making changes. Your continued use of the Site constitutes your consent to any updates to the Terms.

How do I become a Site Member?

You must be a Site Member to use the Services. You become a Site Member by accepting the Terms and by registering online. Site Members must be aged 18 and over. Babysitters must be legally able to work in the United States. Parents must pay the fee to become Site Members.

How the Site works

The Site has public and private areas. Public areas are open to any Site visitors. The public area shows the home page, allows visitors to search for abbreviated profiles of Babysitters in their area, and allows visitors to read some generic resources (like the Frequently Asked Questions section). Only Site Members can access the private areas of the site. Private areas of the site show Site Members’ profiles, excluding personal addresses and phone numbers. Parents who are Site Members can search for Babysitters in their area and read the profiles that are listed. Parents can choose to use the Job Posting, or to email or message Babysitters to introduce themselves. Babysitters can apply or reply to Parents. Site Members may communicate with each other via emails or direct messages sent through the The Best Babysitters Site initially. Once Site Members have made contact, they may choose to exchange personal phone numbers and addresses.

What the Service offers

The Service offers Parents the ability to search for Babysitters in their area online, while it offers Babysitters the opportunity to find babysitting work by applying to jobs that are advertised through the Service and to receive email or message requests from Parents. By becoming a Site Member, you acknowledge that there is no employment, independent contractor, or agency relationship between The Best Babysitters and Babysitters, and that the Service merely offers Parents the opportunity to make contact with Babysitters and vice versa.

The Best Babysitters provides detailed profiles of Babysitters and Parent Feedback via ratings online. Profiles show whether the Babysitter has obtained a background check and has references available, and allows Parents to select Babysitters with specific credentials. The Best Babysitters recommends that Site Members interview each other before scheduling a babysitting date to ensure that Parents choose the best Babysitter for them. To assist with this process, The Best Babysitters has developed an Interview Guide and Reference Checking resources.

What the Service does not offer

The Service does not undertake scheduling of babysitting appointments, complete background checks, or verify the Information of Site Members. Babysitters and Parents should check the requirements provided by any applicable law in their jurisdiction, including but not limited to requirements regarding relative ages of children and babysitters, proper uses of background check information, and employment laws. Babysitters and Parents are responsible for ensuring that they have complied with applicable law and have taken any steps necessary to ensure their safety and the safety of the child(ren) in their care.

Eligibility

You represent and warrant that you currently meet and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as you use the Service:

(A) you are at least eighteen (18) years old;

(B) you comply with all applicable laws, rules, and regulations in connection with your use of the Service and any services arranged through the Service, including without limitation legal authorization to work in the jurisdiction in which you seek to provide services;

(C) you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions in these Terms of Use;

(D) neither you, nor anyone in your home or, as applicable, the location where care services are provided or received: (i) has been the subject of a complaint, restraining order, or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime, felony, or misdemeanor of any kind, including without limitation any sexual, child abuse, or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and

(E) neither you, nor anyone in your home or, as applicable, the location where care services are provided or received, is currently out on bail or on such person’s own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.

By using the Service, you understand and agree that The Best Babysitters may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that The Best Babysitters may revise the Eligibility Conditions from time to time and require new conditions and certifications and that you will abide by such revised Eligibility Conditions or discontinue using the Service and uninstall the App. You further understand and agree that you must discontinue use of the Service if at any time you no longer meet the Eligibility Conditions. If The Best Babysitters becomes aware of or believes that there are violations of the Eligibility Conditions by any User or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Service after termination or during suspension.

You understand and agree that The Best Babysitters does not routinely verify that any or all of the Eligibility Conditions are met by any other Users and you further understand and agree that The Best Babysitters is not responsible for assuring that the Eligibility Conditions are met or for any failure to suspend, terminate or prevent the use of the Service by Users who do not meet the Eligibility Conditions. You understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining references prior to engaging another User to perform services. You further understand and agree that you are solely responsible for making your own evaluations, decisions, and assessments about whether to engage other Users to perform services, accepting any engagements offered by other Users or otherwise interacting with other Users. The Best Babysitters hereby expressly disclaims, and you hereby expressly release The Best Babysitters and its affiliates from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or in any way related to: (x) any inaccuracy, untimeliness, or incompleteness of a User’s Eligibility Conditions; and/or (y) any misstatements or misrepresentations made by any Users.

Although The Best Babysitters has no obligation to verify the Eligibility Conditions or conduct any other screenings, verifications, or background checks, it reserves the right to do so in its sole discretion, and you hereby authorize The Best Babysitters to verify any or all of the above representations and warranties you make or the other information you provide. Such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or using available public records. You consent to any collection, use, or disclosure of the information you have provided to The Best Babysitters in order to accomplish such verification. You agree that The Best Babysitters may take such action as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your account, should it determine, in its sole discretion, that you have violated any representation or warranty or any other provision of these Terms of Use or it otherwise determines in its sole discretion that such suspension or termination is appropriate for any reason. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension.

How to register

Parents and Babysitters can join the Site by completing the registration online. Babysitter registration collects detailed information including name, address, date of birth, qualifications, experience, and work preferences. Parent registration collects information including Parent name, address, and childcare requests. All the information collected is stored securely, and by becoming a Site Member You acknowledge that your personal information may be displayed on this Site. For further information, please refer to our Privacy Policy .

Site Member Information

If you submit Site Member Information, such as a profile for a Babysitter or Parent, to the Service, The Best Babysitters may, but is not obligated to, display that content on the Service. The Best Babysitters does not and cannot review all Site Member Information, nor does it take on the obligation to do so under these Terms of Use; nevertheless, The Best Babysitters reserves the right to, but is not obligated to, remove or refuse to publish any Site Member Information at any time in its sole discretion, including but not limited to for violations of these Terms of Use or any representation or warranty contained in these Terms of Use.

By submitting any Site Member Information, you:

1. Agree to grant to The Best Babysitters an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute such Site Member Information in order to provide the Service.

2. Waive any applicable moral rights in your Site Member Information.

3. Represent and warrant that you are the sole owner and author of the Site Member Information, or that you are otherwise authorized to submit the Site Member Information and give the license granted in paragraph 1 above.

4. Represent and warrant that The Best Babysitters’ publication of the Site Member Information does not violate any intellectual property rights, publicity rights, privacy rights, contractual rights, or other rights of any person or entity, and that the information contained in the Site Member Information is accurate.

No Site Member Information may contain any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic or sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. No Site Member Information may contain the personal information of any third party, including but not limited to home address, personal email address, or home telephone number, if not a matter of public record; or any Social Security numbers, other government-issued identifying numbers, or financial account numbers whatsoever. No Site Member Information may contain spam, viruses, Trojans, worms, or other harmful content designed to damage the Service or the computer or other internet access device of other visitors to the Service.

Site Member conduct

We want to ensure that using the Service is the best experience possible for all Site Members. To that end, You are prohibited from any actions that may interfere with another’s experience. These include, but are not limited to:

  • Using our systems to send unsolicited messages (SPAM);
  • Accessing data or portions of the system not intended for You;
  • Compiling, repackaging, disseminating or otherwise using data extracted from the Service;
  • Attempting to breach authentication, log into to an account the You are unauthorized to access, or attempting to access other computer systems or networks connected to the Service, whether through hacking, password mining, or any other means;
  • Modifying the Service in any unauthorized manner;
  • Disrupting service to the Site by interfering with the server or network by denial of service attack (DOS), spamming, or otherwise engaging in conduct that causes a threatened or actual nuisance to Site Members;
  • Using data mining, robots, spiders, crawlers, scrapers or similar automated or non-automated data gathering or extraction methods; or
  • Forging information sent to the website or in an email, including TCP/IP packet information.

If you become a Site Member, you are participating in the site community. You must conduct yourself in a manner that is in the spirit of the community. You must not post, transmit, save, or distribute any Information or material that:

  • is false, inaccurate, or misleading;
  • is fraudulent
  • infringes the privacy or intellectual property or other proprietary rights of another;
  • is illegal or violates any local, state, national, foreign, or international laws or regulations;
  • is defamatory, libelous, threatening, or intimidating;
  • is obscene or contains child pornography;
  • contains any viruses, Trojan horses, easter eggs, worms, time bombs or other computer programs that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority, or expropriate any system, data, or personal information;
  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs, Web hosting company, or other suppliers; or
  • creates an unauthorized link to another website.

The Best Babysitters reserves the right to edit, refuse to post, or remove any Information or material it deems inappropriate in its sole discretion.

Billing and Payment

If you wish to register as a Parent, You must pay the membership fee using our online payment system, Stripe. Stripe uses encryption and other safeguards to keep credit card numbers safe during the payment transaction. The Best Babysitters does not receive or keep Parents’ credit card numbers.

Limitation of Liability

In using this Service, You accept that there are risks associated with dealing with people you have not met before and using the Information obtained through this Service. All Information on the Service is the responsibility of its owner and is provided by The Best Babysitters “as is” and “as available.”

IN NO EVENT WILL The Best Babysitters BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SERVICE OR ANY USE OF THE SERVICE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED ON, OR ACCESSED THROUGH THE SERVICE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF The Best Babysitters IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL The Best Babysitters (AND ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUBSIDIARIES, AND EMPLOYEES) HAVE ANY LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM, DEMANDS, OR DAMAGES (INCLUDING ACTUAL, SPECIAL, DIRECT, INDIRECT, AND CONSEQUENTIAL DAMAGES) ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN ANY WAY CONNECTED TO:

  • DISPUTES WITH OR ACTS OR OMISSIONS (INCLUDING NEGLIGENCE) OF OTHER SITE MEMBERS;
  • YOUR RELIANCE UPON INFORMATION;
  • YOUR USE OF THIS SERVICE GENERALLY;
  • ANY INACCURACY OR INCOMPLETENESS OF A SITE MEMBER’S ELIGIBILITY CONDITIONS;
  • ANY MISSTATEMENTS OR MISREPRESENTATIONS MADE BY ANY SITE MEMBERS;
  • The Best Babysitters’ CONTENT AND ANY OTHER INFORMATION, MATERIALS, AND CONTENT OBTAINED THROUGH THE SERVICE;
  • THIRD-PARTY SERVICES AND CONTENT INCLUDING BUT NOT LIMITED TO THAT RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PAYMENT, PRODUCTS, AND/OR SERVICES; OR
  • SITE MEMBER-PROVIDED CONTENT INCLUDING WITHOUT LIMITATION ANY ACTS OF OR RELIANCE UPON OTHER USERS WITH RESPECT TO SUCH SITE MEMBER-PROVIDED CONTENT AND/OR ANY COMMENTS MADE BY A USER ABOUT OTHERS.

THIS INCLUDES RELEASE FROM LIABILITY FOR DEFAMATION ARISING FROM ANY COMMENTS POSTED ON THE SERVICE.

No Warranty

USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. The Best Babysitters DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF ANY INFORMATION PROVIDED OR ACCESSED THROUGH THE SERVICES; ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THROUGH THE SERVICES; OR WARRANT THAT THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE, COMPLETE, CORRECT, TIMELY, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. The Best Babysitters EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS.

IN ADDITION TO, AND WITHOUT LIMITING THE FOREGOING, The Best Babysitters MAKES NO WARRANTY OR GUARANTEE WHATSOEVER REGARDING THE SUITABILITY OF ANY SITE MEMBER TO PROVIDE SERVICES AS A BABYSITTER OR TO EMPLOY THE SERVICES OF A BABYSITTER.

YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Assumption of Risk

Use of the Services is at your own risk. Although The Best Babysitters takes certain steps to promote safety for Site Members, finding childcare or a childcare job through services like the Services comes with certain inherent risks. The Best Babysitters does not provide any kind of training, background checks, supervision, or monitoring of either Babysitters or Parents, and

Because The Best Babysitters is not involved in transactions between Site Members, in the event that You have a dispute with another Site Member you will need to personally negotiate the resolution of that dispute. You also acknowledge that The Best Babysitters is in no way responsible for the payment or refund of Babysitters’ fees.

Indemnification

You agree to indemnify, defend, and hold harmless The Best Babysitter, its officers, directors, agents, employees, and affiliates (the “Indemnitees”) from and against any and all claims, demands, causes of action, losses, expenses, settlement costs, damages and/or liabilities, including but not limited to reasonable attorneys’ fees and court costs incurred by the Indemnitees in any way related to your:

(A) Acts or omissions online and offline; (B) Breach of these Terms of Use; (C) Disputes with or between other Users; (C) Use and/or misuse of the Service, including without limitation any information, content and/or materials contained in or obtained through the Service; (E) Violation of any applicable law, rule or regulation; (F) Inaccurate, untimely, incomplete or misleading information or Information provided by you, including without limitation with respect to registration, profile, Eligibility Conditions; (G) Misstatements and/or misrepresentations, including without limitation regarding your age and your otherwise meeting the Eligibility Conditions; (H) Use and/or misuse of third-party services or content; (I) Site User Information and any acts or omissions with respect to such User content; (J) Use and/or misuse of the payment service; (K) Use and/or misuse of ancillary support services; (L) Conduct in connection with the use of the Service or any connections made through the Service and/or (M) Use and/or misuse of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the Service. You further agree that you will cooperate as requested by The Best Babysitters or other Indemnitees in the defense of such claims. The Best Babysitters reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any such claim or matter without the written consent of applicable Indemnitees.

Dispute Resolution; Binding Arbitration.

Please read this section carefully. It contains a final, binding arbitration clause and a waiver of class action rights that states that you and The Best Babysitters will resolve all disputes through arbitration rather than in a court of law.

The Best Babysitters is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us at The Best Babysitters, 3/6 Riddell Pde, Elsternwick, VIC, 3185 Australia.

If we are unable to resolve our dispute through discussion, you agree that you and The Best Babysitters will resolve all disputes and claims that relate in any way to these Terms through final, binding arbitration, unless you opt out of arbitration by following the instructions below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, binding arbitration precludes you from suing in court or having a jury trial.

(a) No Representative Actions. You and The Best Babysitters agree that any dispute arising out of or related to these Terms of Use or our Services is personal to you and The Best Babysitters and that any dispute will be resolved solely through binding, individual arbitration before a single arbitrator as further described below, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.

(b) Arbitration of Disputes. If we cannot resolve a dispute informally, any claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. You and The Best Babysitters waive your rights to a jury trial, to class actions, and to have any other dispute arising out of or related to these Terms of Use or the Service, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, either party may submit a Dispute to binding arbitration administered by the Australian Centre for International Commercial Arbitration (“ACICA”) (https://acica.org.au/). All Disputes submitted to ACICA will be resolved through confidential, binding arbitration before one arbitrator. Arbitration will be held online, or in person in, or in the nearest arbitration facility to, Elsternwick, Victoria, Australia. For purposes of this section, a “consumer” means a person using the Service for personal, family, or household purposes, including without limitation Babysitters, Parents, Site Members, and Users. You and The Best Babysitters agree that the arbitration will be conducted in accordance with the ACICA Arbitration Rules. The most recent versions of ACICA rules are available on the ACICA website. You either acknowledge and agree that you have read and understand the ACICA rules or waive your opportunity to read the ACICA rules and waive any claim that the ACICA rules are unfair or should not apply for any reason.

(c) International Application. You and The Best Babysitters agree that these Terms of Use affect interstate and international commerce and that the enforceability of this Section will be substantively and procedurally governed by relevant Victorian and Australian law to the maximum extent permitted by applicable law, and acknowledge that this arbitration clause and the ACICA’s decision is binding upon you through the New York Convention on Arbitration. As limited by the law, these Terms of Use and the ACICA rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

(d) Arbitration Process. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, The Best Babysitters, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

(e) Fees. You and The Best Babysitters agree that for any arbitration you initiate, you will pay the ACICA filing fee ($2,805.00). For any arbitration initiated by The Best Babysitters, The Best Babysitters will pay all ACICA fees and costs.

(f) Timing. Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and The Best Babysitters will not have the right to assert the claim.

(g) Opt Out. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by sending a written opt-out notice by email to hello@thebestbabysitters.com or by certified mail addressed to The Best Babysitters, 3 / 6 Riddell Pde, Elsternwick, VIC 3185, Australia. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. If you opt out of arbitration, The Best Babysitters will likewise not be bound by these arbitration provisions. If you opt out of arbitration, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of these Terms will not apply to claims not yet filed.

(h) Jurisdiction. The parties agree that the Federal Arbitration Act ("FAA") 9 U.S.C. § 1 et seq.governs this Section, and it is the intent of the parties that the FAA will preempt all State laws to the fullest extent permitted by law.

In the event that a tribunal or arbitrator of competent jurisdiction determines that the arbitration provision is unenforceable; or for any motions to compel arbitration or to enforce an arbitration award; or if you have opted out of arbitration pursuant to the procedures in this Section; or for any other litigation (if any) that is not prohibited by this Section, you agree that the exclusive forum and/or venue for any controversy, claim, suit, injury, harm, loss or damage arising from or in any way related to the use, inability to use or provision of the Service or these Terms of Use shall be in the Victorian Civil and Administrative Tribunal (VCAT) or County Court (in Victoria, Australia) and you hereby submit to the exclusive jurisdiction of those courts for purposes of such proceedings.

Copyright and Trademark

The content of the Services, other than Site Member Information, is protected by United States and International copyright and other intellectual property laws. You acknowledge that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or later developed. The Best Babysitters owns a copyright in the selection, coordination, arrangement, and enhancement of such intellectual property. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any The Best Babysitters intellectual property, in whole or in part.

The Best Babysitters logo and domain name are trademarks of The Best Babysitters. These, along with any other trademarks, service marks and logos used and displayed on the Service are registered and unregistered trademarks of The Best Babysitters. Nothing on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed within the Service, without the prior written permission of The Best Babysitters. You may not use the The Best Babysittersname, trademarks, services marks or logos in any meta tags or any other “hidden text.” The Best Babysitters aggressively enforces its intellectual property rights to the fullest extent of the law. Fair use of The Best Babysitters’ trademarks requires proper acknowledgment. Other product and company names mentioned in the Service, if any, may be the trademarks of their respective owners.

All rights reserved.

Digital Millennium Copyright Act (DMCA) Notice

If you are a copyright owner or an agent thereof and believe that any content on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Site;

3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send The Best Babysitters a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notification and counter-notification pursuant to the DMCA should be submitted to:

Priacy Officer

The Best Babysitters

3/6 Riddell Pde

Elsternwick, 3185

Australia

Email: hello@thebestbabysitters.com

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice or counter-notice may not be valid. The Best Babysitters encourages you to consult with your attorney before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.

Permissible Use

The Service and all content on the Service may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, mirrored, framed, or otherwise used or displayed, or used for the creation of derivative works, without The Best Babysitters’ prior written consent, except that The Best Babysitters grants you a non-exclusive, non-transferable, limited and revocable permission to access and display the pages or screens within the Service, for your personal, non-commercial (unless you have a business relationship with The Best Babysitters) use of the Service. The Best Babysitters further grants you a limited, nonexclusive and revocable right to create a hyperlink to the Site or the App so long as the link does not portray The Best Babysitters, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive manner. These permissions are conditioned on your not modifying the content displayed within the Service, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth on the Service.

Your failure to comply with the terms, conditions, and notices on the Service will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, The Best Babysitters does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

Minors

The Service is not meant for use by minors. If you are a legal minor in your jurisdiction, please do not use the Service, or access the Service only under the supervision of a parent or legal guardian. Furthermore, the Service does not knowingly solicit or collect information about children under the age of 13. Should The Best Babysitterslearn that it has inadvertently collected information about a child under the age of 13, it will delete that information as soon as possible.

If you are the parent or guardian of a minor, you may wish to make use of parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from OnGuard Online (http://onguardonline.gov/) and Common Sense Media (https://www.commonsensemedia.org/). Please note that The Best Babysitters does not endorse any of the products or services listed on such sites.

Links to Third Party Sites

This Service may contain links to third party sites. Access to any other Internet site linked to the Service is at your own risk and The Best Babysitters accepts no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made on such sites. The Best Babysitters provides these links merely as a convenience and this does not imply an endorsement. In addition, The Best Babysitters is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Service. Accordingly, you acknowledge and agree that The Best Babysitters is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a third party website, even one that may contain the The Best Babysitters name or logo, please understand that it is independent from The Best Babysitters, and that The Best Babysitters does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

General

Your use of this Site will be governed by and construed pursuant to the laws of Victoria, Australia and you agree to submit to the jurisdiction of that State.

Any failure by The Best Babysitters at any time to enforce any of the provisions of these Terms of Use or any of its rights will not be a waiver of such provisions, rights or elections or affect the validity of these terms and conditions.

If any clause or part of a clause of these terms and conditions is invalid, illegal, unlawful, or otherwise being incapable of enforcement, that clause or part of a clause will be deemed to be severed and of no force and effect but all other clauses and parts of clauses of these terms and conditions will nevertheless prevail and remain in full force and effect and be valid and fully enforceable. No clause or part of a clause of these terms and conditions will be construed to be dependent upon any other clause or part of a clause unless so expressed.

Termination

The Best Babysitters may terminate your Site Membership immediately, without notice and without having to provide a refund, in the event a member breaches any part of the Terms. The Best Babysitters may also terminate your Site Membership at any time during the Term in its absolute discretion.