Terms of Service Updated 21 April 2022

1. Acceptance of the Terms

1.1 Welcome to Kiddo. Kiddo enables people seeking Care Services (“Clients”) to find and connect with people offering Care Services (“Carers”).

1.2 These Terms of Service (“Terms”) apply to any person (including any Client and any Carer) who uses the Kiddo platform and website at kiddoapp.com.au and each Kiddo mobile application (altogether referred to herein as the “Platform”) and any and all services offered by Kiddo (“Kiddo Services”).

1.3 For the purpose of these Terms:

(a) “Booking Confirmation” has the meaning given to that term in section 2.

(b) “Booking Fee” has the meaning given to that term in section 4.

(c) “Carer” has the meaning given to that term in section 1.

(d) “Carer Fee” has the meaning given to that term in section 1.

(e) “Care Services” means the provision of child-minding services or any other approved services.

(f) “Client” has the meaning given to that term in section 1.

(g) “Confidential Information” includes any information received or obtained (as applicable):

(i) by Kiddo from or on behalf of a Client in respect of any Job;

(ii) by a Carer from or on behalf of a Client or Kiddo in respect of any Job;

(iii) by the Client from or on behalf of Kiddo or the Carer in respect of any Job; and

(iv) all non-public information pertaining to the Client (including any children) or the Carer or Kiddo.

(h) “Credentials” has the meaning given to that term in section 3;

(i) “Discloser” has the meaning given to that term in section 1;

(j) “First Aid Certificate” means a current and valid statement of attainment in a recognized first aid training program that includes CPR, asthma and anaphylaxis training.

(k) “Job” means a child-minding service arrangement, booking request or job posted or uploaded to, requested or booked via, the Platform by a Client and undertaken or provided by a Carer.

(l) “Job Contract” means the separate contract which is formed between a Client and a Carer when a Job gets booked via the Platform; it sets out the Carer’s name, the Carer’s ABN, the date of the Care Service and the Carer Fee.

(m) “Kiddo”, “we” or “our” means Kiddo (Aust) Pty Ltd ABN 16 628 059 290, the owner and operator of the Platform.

(n) “Kiddo Community Guidelines” means the guidelines posted online here

(o) “Kiddo Services” has the meaning given to that term in section 2.

(p) “NDIS Admin Fee” has the meaning given to that term in section 6.

(q) “NDIS Code of Conduct” means the then current NDIS Code of Conduct found at https://www.ndiscommission.gov.au/providers/ndis-code-conduct

(r) “NDIS Participant” means an individual who meets the access requirements to become a participant in the National Disability Insurance Scheme.

(s) “NDIS Price Guide” means the then current NDIS price guide found at https://www.ndis.gov.au/  

(t) “Ongoing Care Fee” has the meaning given to that term in section 12.

(u) “Overtime” refers to any additional time (rounded to the nearest 30 minutes) that a Carer spends at a booking beyond the confirmed scheduled time.

(v) “Platform” has the meaning given to that term in section 2.

(w) “Posted Content” means content transmitted or posted by a User on the Platform, or otherwise transmitted to any User by any other means, by any person.

(x) “Recipient” has the meaning given to that term in section 1;

(y) “you” or “your” or “User” means the person using or accessing the Platform or any part thereof.

(z) “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.

(aa) “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 child minding services via the Platform.

Please read all of these Terms carefully before using the Platform or Kiddo Services. You understand that by checking the box, clicking the ‘enter’ button or by continuing to use the Platform or Kiddo Services, you are agreeing to be bound by these Terms, including any changes to the terms that may have been made since your prior use of the Platform or Kiddo Services. If you do not accept these Terms, do not use the Platform. If you do not wish to continue to use the Platform, to the extent applicable, follow the process outlined in your account on the Platform to deactivate your account from the Platform. We reserve the right to remove any User from the Platform at any time. We may change or modify these Terms at any time in accordance with section 15.3 below.

2. Privacy

Kiddo uses your personal information in accordance with the Privacy Policy at www.kiddoapp.com.au/privacy. Kiddo’s Privacy Policy is incorporated into these Terms by reference.

3. Your acknowledgement

Carers

3.1 Kiddo provides individuals who offer Care Services with the opportunity to be registered on the Platform as a Carer. The Carer can, amongst other things, upload their profile, promote the Carer’s experience and background, be listed and appear on the Platform and be reviewed or rated on the Platform. Carers may be contacted from time to time by Kiddo for these and related purposes.

Clients

3.2 A person who has authority to order Care Services in the person’s capacity as a parent, legal guardian or other relative, can be registered as a Client on the Platform in order to view the Platform, review and access Carer profiles made available on the Platform, seek out Carers, or otherwise receive a connection to, or introduction to Carers, for the purpose of engaging a Carer for a Job.

Kiddo Services

3.3 Clients and Carers acknowledge and agree that Kiddo is not a party to, and does not have any liability for, any Job as between Client and Carer. Kiddo simply acts as an intermediary.

3.4 Any terms agreed between the Client and Carer in relation to a Job will be binding on the Client and Carer and, to the extent that those terms conflict with these Terms, those terms will take priority as between Client and Carer (but shall not bind Kiddo in any way). Any terms which attempt to alter or modify these Terms as they apply to Kiddo must be agreed by Kiddo in writing.

3.5 Clients and Carers acknowledge and agree that: (a) Kiddo relies on the information that Clients and Carers provide for the Job briefs and Carer profiles on the Platform; (b) Kiddo makes no representations as to the reliability, capability, quality or qualifications of any Carer, and Kiddo disclaims any and all liability relating thereto; (c) Kiddo does not direct, has no control over, makes no representations, and does not guarantee the quality or safety of any Care Services advertised, the truth or accuracy of listings, the qualifications, background or identities of Carers or the ability of Carers to deliver Care Services.

3.6 Without limiting the foregoing, to the extent permitted by law, Kiddo makes no warranties, express or implied regarding or relating to the Clients, Carers, the Jobs or any Care Services.

General conduct

3.7  Each User acknowledges and agree that they will abide by the Kiddo Community Guidelines and:

(a)they will not transmit any material on the Platform that is unlawful, harmful or threatening, defamatory, obscene, in breach of any third party right, or harassing abusive or discriminatory or may cause Kiddo to breach any law or otherwise expose Kiddo to liability, or is contrary to any of Kiddo’s policies or code of conduct;

(b) they will not engage in any activity that: facilitates any illegal activity, depicts sexually explicit images, promotes unlawful conduct, is discriminatory, or causes injury or damage to any person or property;

(c) the confidentiality and security of their login passwords and details is solely their own responsibility;

(d) all activity that occurs under their login and password is solely their own responsibility;

(e) after the end of each session, they will exit from their account;

(f) if they become aware of any unauthorised use of their login or password, they will immediately notify Kiddo;

(g) they will use the Platform for lawful purposes only; and

(h) the Platform must not be used for commercial endeavours, including selling, hiring products or services or advertising, collecting names and/or email addresses or sending unsolicited emails without the express consent of Kiddo.

3.8 Kiddo disclaims all liability with respect to any Posted Content including any User’s reliance on such content.

3.9 By using the Platform, Users expressly authorise Kiddo to collect and publish information about them as detailed in these Terms and Users expressly waive any rights, whether in statute or at common law, to bring any legal action against Kiddo as a result of Kiddo’s publication of such information, whether the User considers that information to be fair and accurate or not.

3.10 The Platform may contain links or portals to other websites. Kiddo has no control over websites operated by third parties and you agree that Kiddo is not responsible for, and will have no liability in connection with, your access to or use of any third-party website.

4. Carer provisions

Joining as a Carer

4.1 You will have joined once you have completed the Platform registration process, agreed to these Terms and we have verified your account details. You will be sent an email notification once your account has been successfully set up.

4.2 Carers must be individuals, aged 18 and over and be legally entitled to work in Australia. Businesses and organisations such as childcare centre operators, nanny or babysitting agencies and recruiting agencies are not permitted to register as Clients or Carers on the Platform.

4.3 Carers will be requested to provide further information in relation to your qualifications and experience including but not limited to, photo identification (mandatory), a short introductory video (optional) and details of a current Working with Children Card as proof that you have satisfactorily completed a Working with Children Check (mandatory) (“Credentials”).

4.4 Each Carer represents and warrants to Kiddo that:

(a) they are not impersonating any person;

(b) they are not violating any applicable law regarding use of personal or identification information;

(c) they will provide, on demand from Kiddo, verification of your Credentials in such form as required by Kiddo;

(d) the information they provide to Kiddo is true and not misleading;

(e) they have not, and will not in the future, engage in conduct that would prevent them from lawfully and safely providing Care Services; and

(f) they will act in good faith and not misuse the Platform or Kiddo Services so as to cause harm or damage to Kiddo or any other User

4.5 Kiddo may from time to time, use any of your Credentials to make our own enquiries as to the completeness, accuracy or truthfulness of your Credentials. If we request evidence and you fail to provide it within the requested time, we may suspend or cancel your account (without prejudice to any other remedies we may have). Kiddo may also engage a third party to assist with, or otherwise carry out verification of, your Credentials.

4.6 All communications and bookings must be made between you and the Client via the Platform. You will be sent all Jobs via the Platform.

Accepting Jobs

4.7 Clients can post a Job on the Platform or otherwise be introduced to Carers through Kiddo and/or the Platform.

4.8 By posting your availability on the Platform, you thereby represent that to the best of your knowledge, you are available at the times and dates you have specified. You are free to accept or decline any Job. If you decline Jobs on more than one occasion even though you have posted on the Platform that you are available for those Jobs, we reserve the right to suspend or cancel your account. You are expected to accept or decline a Job that a Client has invited you to, within 24-hours of being invited to the Job on the Platform and to adhere to any booking commitment you establish with the Client regarding the performance of the Job.

4.9 Kiddo makes no representation regarding the frequency, quantity or type of invitations to Jobs you will receive or in which you will be chosen to participate.

4.10 Once a Job is confirmed, a Job Contract is created between you and the Client and it is your responsibility to ensure that you are able to make yourself available to attend the scheduled Job at the location, time and date agreed with the Client. If you cancel a Job once a Job Contract has been entered into with a Client, section 9 (Refunds and cancellations) below will apply.

4.11 Only the Carer that is booked for the Job, and no other person, may attend the location during the booked Job period. Failure to adhere to this requirement will result in the suspension and possible termination of the Carer’s account.

Carer conduct

4.12 Carers must act with the utmost professionalism and courtesy in any dealings with Clients (including their children) and with Kiddo. In performing any Job for a Client, each Carer warrants and represents to Kiddo and their Clients that:

(a) they are capable of providing a high standard of care and skill to be expected of a qualified and experienced care provider providing services like the Care Services;

(b) they have and will continue to make all necessary enquiries of the Client to ascertain the Client’s requirements; and

(c) they comply with all applicable laws.

4.13 Unless permitted in writing by the Client, you will not refer to the Client or any children in any website, social media or other publication outside of the Platform.

4.14 You agree that you will not provide any false or misleading information or information which may mislead or deceive Kiddo, Clients or any other party in respect of any Job.

4.15 You may use the Kiddo Services and Platform only in strict accordance with these Terms, and you agree that you will not use Kiddo Services or Platform to compete directly or indirectly with Kiddo or any of the Kiddo Services.

4.16 You understand that a cancellation, late arrival or failure to arrive to a confirmed Job will likely result in negative ratings and feedback being provided by the Client. Kiddo accepts no responsibility for negative ratings in any circumstances and will not change any negative ratings that result from cancellations, late-arrivals or no-shows.

4.17 You must always carry a copy of your identification, Working with Children Card, proof of your COVID vaccination status and First Aid Certificate (if you have one) to a confirmed Job in the event a Client wishes to sight these documents.

Independent contractor status

4.18 Any Care Services performed on a Job facilitated through Kiddo shall be performed as an independent contractor of the Client, and Carers are not and shall not be deemed to be employees or agents of Kiddo. Carers are not entitled to any benefits provided by Kiddo to its employees, and Kiddo will not make deductions from any of the payments due to a Carer for income tax, insurance or similar purposes except if required by law.

5. Client provisions

Joining as Client

5.1 You will have joined once you have completed the Platform registration, agreed to these Terms and we have verified your account. You will receive an email notification from us confirming your registration.

5.2 Clients may post Jobs at their own discretion and invite Carers to Jobs via the Platform. Carers are free to accept or decline Jobs at their discretion. Based on the Carer’s availability (as posted by the Carer on the Platform), you may instantly book a Carer on the Platform and a booking confirmation will be subject to the Carer confirming their availability for your Job within 24-hours of you making an invite to the Carer for the Job on the Platform.

5.3 If a Carer declines your Job or does not confirm their availability for your Job, you can cancel the unconfirmed Job and post another Job.

Client conduct

5.4 Clients must act with utmost professionalism and courtesy in dealings with Kiddo and with Carers. In using the Kiddo Services, you must:

(a) use clear, complete and accurate information to describe a Job; and

(b) make all necessary enquiries and satisfy yourself as to whether the Carer meets your requirements.

5.5 All Clients represent and warrant to Kiddo and any Carer they engage that: (a) they have inspected their premises and their premises are a safe work environment for the Carer to provide the Care Services; and (b) they have made themselves aware of, and will comply with, all laws and regulations relating to the engagement of Carers, including any applicable workplace laws and any applicable occupational health and safety policies and procedures.

5.6 All bookings, payments and correspondence between Clients and Carers must be made using the Platform.

5.7 The Client agrees that their booking is prepaid for a set number of hours as booked by the Client. If a Carer is required for more hours than initially agreed, the Client must pay for Overtime in accordance with section 7 below. Clients can amend a confirmed Job for Overtime at the completion of the Job.

5.8 Clients must ensure the health and safety of anyone covered by a booking such as the children and the Carer who is providing the services in the booking. The Client is solely responsible for providing a safe and healthy environment for the children covered by the booking as well as the Carer that they book.

5.9 Kiddo recommends that Clients update their home and contents insurance for any possible accidental or negligent property damage, seek to ensure they have adequate insurance cover to cover Carers working in their home and/or verify whether Carers have their own independent insurance cover. Under no circumstances is Kiddo liable for any property damage, personal injury, illness or death caused by any acts or omissions of a Carer.

5.10 Kiddo recommends that Clients verify their Carer’s identification and checks their Working with Children Card prior to the Carer commencing a Job.

Finding ongoing care

5.11 If you are a Client and you need an ongoing care arrangement, you can use Kiddo to find and set up such an arrangement using Kiddo’s “Find Ongoing Care Service”. An ‘ongoing care arrangement’ is where you wish to book the same Carer more than once, for a set period of time and arrange this using Kiddo’s “Find Ongoing Care Service”. Kiddo will assist in connecting the Client with a Carer, and pre-scheduling bookings up to 3 months at a time.

5.12 For a fee of $49 (Ongoing Care Fee) Kiddo will search for up to three (3) potential Carer candidates for the Client. The Client will be able to post a Job that will be visible to local Carers who can apply for the ongoing care arrangement. At this stage, the Client can communicate via the Kiddo platform with each Carer who has applied for the Job.

5.13 Once the Client selects their preferred Carer, the ongoing care arrangement will be set up in the Client’s Kiddo’s account.

5.14 Ongoing care arrangements will be billed on a rolling 7-day basis in advance and the Client authorizes Kiddo to charge the Client’s credit card for this purpose. This means the Client will always have a week of bookings charged to the Client’s credit card.

5.15 If the Client needs to cancel a pre-paid ongoing care arrangement, our standard cancellation fee (see section 9) applies.

5.16 If the Client needs to cancel an unconfirmed ongoing care arrangement (e.g., a booking that has not been confirmed by your Carer), or a booking that is confirmed and not pre-paid, there is no penalty to cancel as payment has not been taken for the booking.

5.17 If a Carer cancels any pre-paid and confirmed ongoing care arrangement, the Client will be issued with a full refund.

5.18 By submitting a Job for an ongoing care arrangement, the Client will be charged the Ongoing Care Fee when at least one Carer indicates their interest for the Job. In the event no Carers apply for the Job, the Client will not be charged the Ongoing Care Fee. The Client understands that no refund of the Ongoing Care Fee will be given if the Client chooses not to select a Carer, even if they have applied for the Job.

5.19 Both Clients and Carers acknowledge and agree that Kiddo is not a party to and has no liability whatsoever with respect to any representation, statement, act or omission arising under or in connection with an ongoing care arrangement, any Jobs booked out of such arrangement or the suitability of a Carer, Job or Client.

6. NDIS Covered Arrangements

6.1 If you are a Client who is authorized to procure Care Services for an NDIS Participant:

(a) you can procure such Care Services from an eligible Carer on the Platform;

(b) you will disclose the NDIS Participant’s needs at registration to ensure an appropriate Carer can be selected;

(c) you represent and warrant that:

  1. the NDIS Participant has an NDIS approved plan in place;
  2. the Care Services are reasonable and necessary supports that are specified in the statement of supports in the NDIS Participant’s NDIS plan; and
  3. the NDIS plan has sufficient funding for the type of care selected.

6.2 If you are a Carer who is eligible to provide Care Services to a NDIS Participant, you must ensure that you hold a current ABN, charge in accordance with the NDIS Price Guide and abide by the NDIS Code of Conduct. Kiddo strongly recommends that Carers obtain their own additional insurance cover for care of children.

6.3 The Client and the Carer may enter into a Job Contract on such terms as they agree, and at a minimum, such Job Contract will include the Carer’s name, the Carer’s ABN, the date of the Care Service, a short description of the Care Service provided and how this relates to the NDIS Participant’s plan, the amount of Care Service provided and the Carer Fee.

6.4 The Client and Carer acknowledge and agree that any Job booked through the Platform in respect of the NDIS Participant constitutes a Job Contract between the Carer and the Client. Each booking creates a separate Job Contract between the Client and Carer. If an ongoing care arrangement is in place, each separate booking under that ongoing care arrangement will constitute a separate Job Contract between the Client and Carer.

6.5 The Client and the Carer acknowledge and agree that: (i) Kiddo is permitted to issue an invoice to the Client or, at the direction of the Client, to the Client’s nominated NDIS plan managers, for the Care Services on behalf of the Carer at the completion of each Job; (ii) Kiddo will collect payment from the Client (as per section 8 below); (iii) Client is responsible for making a payment request to collect reimbursement for the Care Services from the Client’s nominated funding party; and (d) Kiddo acts only as an intermediary facilitating the provision of information between Client and Carer.

6.6 Any Job that is covered by NDIS and booked via the Platform will attract a Kiddo administration charge of 4% (inclusive of GST) of the Carer Fee (NDIS Admin Fee).

 

7. Confidentiality

7.1 The confidentiality undertakings in this section apply to any User in respect of Confidential Information obtained by them (“Recipient”) from another party, which may be the Client, Carer, Kiddo or any third party (“Discloser”).

7.2 A Recipient must not use, disclose, solicit, make available or misappropriate, directly or indirectly, any Confidential Information of a Discloser without the Discloser’s prior written permission except as required by applicable law or legal process.

7.3 Where the Recipient is legally required to disclose the Confidential Information, the Recipient shall inform the Discloser of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.

7.4 The Recipient must notify the Discloser immediately upon becoming aware of a suspected or actual breach of this obligation.

8. Payment

Carer Fee

8.1 Each Carer sets their own hourly, daily or other rates in respect of a Job and where it is an hourly rate, such rate will also be applied to Overtime (if any) (“Carer Fee”).

8.2 Key Job details such as commencement date and start time, duration, location and Carer Fee must be agreed and confirmed in a “Booking Confirmation” between the Client and Carer on the Platform before commencement of a Job. Unless otherwise agreed between the Client and Carer, Carer Fees are inclusive of GST.

Booking Fee

8.3 It is free to download Kiddo as a Client or a Carer

8.4 Kiddo retains an amount equal to 11% (inclusive of GST) of the Carer Fee (“Booking Fee”) for every Job booked [and completed].

8.5 At the time of a Booking Confirmation, the Client’s credit card is debited for the Carer Fee pursuant to section 8.1, NDIS Admin Fee pursuant to section 6 (if applicable) and the Merchant Fee (if applicable) (defined in section 8.9 below). The Carer Fee is held with Kiddo until such time that the Job is marked completed by the Carer. Shortly after the Job is marked completed by the Carer, the Carer will receive an amount equal to the Carer Fee minus the Booking Fee.

8.6 At the time the Client confirms an ongoing care arrangement, the Client’s credit card is debited for the Ongoing Care Fee pursuant to section 12 (if applicable) as well as the Carer Fee pursuant to section 8.1, NDIS Admin Fee pursuant to section 6.6 (if applicable) and the Merchant Fee (if applicable) (defined in section 8.9 below) in respect of any ongoing care bookings that fall within 14 days of the start date. The Carer Fee is held with Kiddo until such time that the booking is completed by the Carer.

Overtime

8.7 If the Client returns home to end the booked Job later than scheduled, the Client will record this Overtime (based on 30-minute increments) in Kiddo when confirming the end of the Carer’s booking. The Client authorizes Kiddo to charge this Overtime (based on 30-minute increments) to the Client’s account and added to the Carer Fee.

8.8 Clients also have the option to tip Carers at their own discretion.

Payment method

8.9 Each Client and Carer acknowledges that payment processing services on the Platform are provided by a third-party payment service provider called Stripe Payments Australia Pty Ltd (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). In the event an international credit card (that is a credit card originating or issued from within another country) is used to process payment, a merchant fee which is currently 2.9% + 30 cents will apply to the transaction (Merchant Fee).

8.10 By agreeing to these terms of service or continuing to use the Platform, each Client and Carer agrees to be bound by the Stripe Services Agreement, as the same may be modified from time to time. As a condition of Kiddo enabling payment processing services through Stripe, each Client and Carer agrees to provide Kiddo accurate and complete information and authorizes Kiddo to share it as well as transaction information related to the Client or Carer’s use of the payment processing services provided by Stripe. You understand that Kiddo is not a party to the Stripe Services Agreement and that you (whether you be a Client or Carer), Stripe and any other party listed in the Stripe Services Agreement are the parties to the Stripe Services Agreement and Kiddo has no obligations or liability to any Client or Carer under the Stripe Services Agreement.

8.11 The Client must pay all Carer Fees, NDIS Admin Fee (if applicable) and Merchant Fee through the Platform using Stripe at the time of completing a Booking Confirmation. The Client understands that at this time the Client’s credit card will be charged automatically, with the Carer Fees being held by Kiddo until payment is released to the Carer after completion of the Job pursuant to section 12 below.

8.12 At the time the Carer indicates a Job is completed in the Platform, Kiddo will release the Carer Fee minus the Booking Fee to the Carer. Carers can expect to receive their payment within 72 hours of the Carer indicating the Job is completed in the Kiddo platform.

Taxes

8.13 The Client and Carer will be responsible for determining whether they are required by applicable law to remit any taxes to the appropriate authorities, and if so, to pay when due all taxes for which the Client and the Carer are respectively liable in relation to the performance of a Job.

8.14 Clients and Carers agree to indemnify, defend and hold harmless Kiddo (and its officers, employees and agents) from and against any and all claims, damages, liabilities, losses, settlements, costs, taxes, levies, charges, penalties and expenses which arise out of payments made to Carers by Clients, including but not limited to, any payroll tax, superannuation, GST or PAYG obligations.

 

9. Refunds and cancellations

9.1 A refund will be provided to the Client in these circumstances:

(a) If a Carer fails to show up for a confirmed booking, for any reason, without providing a cancellation notice – 100% of amounts (if any) paid by Client for that booking will be refunded to Client. Kiddo must be informed of this before the completion time of the booking.

(b) If a Carer cancels a confirmed booking at any time prior to the booking commencement time – 100% of amounts (if any) paid by Client for that booking will be refunded to Client

(c) Where the Carer requests the Client to return home early – a partial refund will be provided to the Client based on the actual number of hours that the Carer worked

(d) Where the Carer arrives late, the Client may:

(i) request a refund (based on 30-minute increments) for the time that the Carer was absent; or

(ii) request the Carer to extend the finish time to accommodate the late arrival, in which case no refund will be provided

9.2 A refund, either whole or in part, will not be provided to the Client in these circumstances:

(a) Where Client arrives home early and a booking finishes before its scheduled time

(b) In circumstances where the Carer cancels before commencement of a Job or partway through a Job (as applicable) due to unreasonable, unsafe or unhealthy working conditions, change of location by the Client after Booking Confirmation, change of job description after Booking Confirmation or if Kiddo believes the Carer has been mistreated in any way or is at risk of being in an unsafe or unhealthy work environment.

9.3 If a Client cancels a confirmed booking at any time for any reason, Kiddo will provide the Client with a full refund less $10 which Kiddo will retain as a cancellation fee.

9.4 Kiddo is not responsible for cancellations by a Client or cancellations or no-shows by a Carer.

9.5 Kiddo reserves its right to cancel any Jobs immediately if it considers a Carer has been mistreated, found to be working in an unsafe or unhealthy environment or is harmed in any way. Clients understand that there will be no refund in these circumstances.

9.6 Clients understand that:

(a) Kiddo is a matching service only and cannot control the availability of the Carers listed on the Platform

(b) In circumstances where a Carer cancels a confirmed Job, the Client may elect to find another suitable replacement or otherwise request a refund (if applicable) pursuant to section 1 above.

10. Complaints and feedback and reviews

10.1 Clients and Carers have the ability to post feedback, reviews and ratings through the Platform or submit a complaint to Kiddo at hello@kiddoapp.com.au.

10.2 When posting feedback or reviews, Clients and Carers must adhere to the conduct requirements referred to in section 7 above.

10.3 Kiddo reserves the right to publish feedback and reviews on the Platform, or anywhere else, at its sole discretion.

10.4 Kiddo reserves the right to remove any feedback or reviews published on the Platform without notice or warning and may suspend or terminate an account for any breach of these Terms.

11. Suspension

11.1. Kiddo reserves the right to suspend a User’s account on the Platform in the event that:
(a) it is assessing a complaint in accordance with the process in section 10;
(b) there is a pending dispute with another User, Kiddo or any other third party;
(c) the Client or Carer receives feedback that brings, or is likely to bring, Kiddo into disrepute; and/or
(d) the Client or Carer receives consistent negative feedback that Kiddo, in its sole discretion, does not believe to be reflective of reasonable conduct of a Client or Carer in the circumstances.
11.2. If a Client or Carer is suspended, the Client or Carer may have their profile removed from the Platform until a notification is provided by Kiddo in writing that the Client or Carer’s suspension has ended.

12. Termination

12.1 Kiddo may terminate a User’s account immediately at any time on reasonable grounds by providing written notice to that User, including if for example, a Carer fails to show up to a Job, cancels a Job or ends a Job earlier as described in section 1(a), (b) or (c).

12.2 Kiddo may terminate a User’s account for any breach of these Terms or if Kiddo otherwise believes that a User is acting unreasonably or is unfit to remain a User of the Platform.

12.3 Kiddo also reserves the right to, without limitation, do any or all of the following in relation to a User:

(a) suspend your account;

(b) permanently or temporarily hide all or part of your profile;

(c) modify your profile;

(d) deactivate your account if you have not used the Platform for a period of time and deemed inactive; and/or

(e) permanently or temporarily block your access to all or part of the Platform.

12.4 A User may terminate their account at any time, by contacting hello@kiddoapp.com.au. Termination does not affect each party’s rights and obligations accrued before the termination date.

13. Intellectual Property

13.1 Kiddo owns all intellectual property in the Platform, with the exception of Posted Content, which shall remain your intellectual property but which you license to us in accordance with the license below. You may not use any intellectual property for any purpose other than as may be required to use the Platform for its intended purpose.

13.2 In relation to Posted Content (which includes for example, photos of Carers and feedback and reviews posted on the Platform) and your use of the Platform, you grant to Kiddo an unconditional, perpetual, world-wide, irrevocable, fully paid and royalty free licence and right to use, display, copy, modify, adapt, reproduce, commercialise, prepare derivative works, display and publish all such intellectual property and that content forming all or part of the Posted Content, for any purpose.

13.3 Title to, and all intellectual property in, the Platform, and all related and underlying systems is and remains the property of Kiddo (and its licensors).

14. Liability

14.1 You are solely responsible for all decisions you make in connection with any services you choose to purchase as a Client or provide as a Carer. Kiddo does not provide advice in relation to the suitability of a Carer, Job or Client, nor do we consider any of Client’s or Carer’s individual circumstances when we provide the Kiddo Services.

14.2 You agree to indemnify, defend and hold harmless, Kiddo from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses which arise out of relate to your use of the Platform or your conduct in connection with the Platform, including any breach by you of these Terms.

14.3 To the maximum extent permitted by law:

(a) Kiddo will not be liable for:

(i) the availability (or lack thereof) of the Platform;

(ii) any Job, the scope of any Job or any changes to a Job;

(iii) any Care Services provided by a Carer;

(iv) the accuracy of information, including the Carer’s profiles, background, capabilities provided to or by a Client or Carer;

(v) any claims arising out of or in connection with these Terms, any of the subject-matter of any Care Services or a Job, for breach of law, contract, negligence or any other liability whatsoever; or

(vi) any other terms of engagement the Client and Carer might reach or agree.

(b) Kiddo excludes all implied representations and warranties which might apply in relation to a User of the Platform. Save as expressly provided in these Terms, we make no warranties, express or implied representations or guarantees as to merchantability and/or fitness for any purpose and we do not guarantee that our services are error free.

(c) Kiddo’s maximum aggregate liability to a User under or in connection with these Terms, the Platform, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is capped to the total amount paid by the User (if any) for any chargeable service or feature on the Platform purchased by the User

14.4 In no circumstance will Kiddo 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 (including negligence), contract or otherwise.

14.5 The Platform may have links to third party sites. Access to any other site linked to the Platform, is at User’s own risk. Kiddo accepts no responsibility for the accuracy or reliability of any information, opinions or statements made in any third party site.

15. General

Severability and waiver

15.1 If a particular term of these Terms is not enforceable, it should be modified so as to be enforceable, but regardless will not affect any other terms. Our failure to act upon a breach of these Terms does not mean we waive any rights that we may have.

Dispute resolution

15.2 If a dispute arises out of or relating to these Terms, the relevant parties shall attempt to resolve the matter between themselves in an appropriate manner before escalating to mediation or other alternative dispute resolution process or litigation. You acknowledge that Kiddo will not and is not obligated to provide any dispute assistance in relation to disputes arising between Clients and Carers. Nothing in this section limits the right of any party to seek or obtain urgent interlocutory or interim relief.

Amendment

15.3 We may modify these Terms from time to time by posting the modification(s) or updating these Terms on our Platform. Unless otherwise specified by us when posted, all modifications will be effective upon posting. If you do not agree to any modification(s), your only recourse will be to cease using the Platform or as appropriate to terminate your registration as a Client or Carer. If you continue to participate as a Client or Carer after any modification becomes effective, then your participation will constitute acceptance of such modification.

Governing law and jurisdiction

15.4 These Terms shall be governed by and construed in accordance with the laws of the state of Queensland, Australia. The parties agree to submit to the non-exclusive jurisdiction of the Courts of Queensland.

16. Covid-19

Advice to Carers:

16.1   If you feel unwell, have been in contact with a confirmed COVID-19 case or have recently returned from overseas, you must immediately cancel any pre-committed bookings in Kiddo. You must remove your availability from Kiddo so that you cannot be booked and follow health guidelines for self-isolation. You must contact admin at hello@kiddoapp.com.au and confirm which bookings you are cancelling so we can assist families to find a suitable replacement.
16.2  It is expected Carers communicate and are transparent in the lead up to any pre-committed bookings.
16.3  It is recommended that Carers complete the Department of Health’s “COVID-19 Infection Control Module” an online training module and note as completed in your profile.

Advice to Parents
16.4  If anyone in your family is unwell, please disclose this to your carer so that they can make the choice as whether to attend the booking or not. Please be mindful that while COVID-19 does not appear to affect younger people as severely, some of our carers may have family members who are at greater risk or may themselves have conditions that can increase the severity of an infection.
16.5 As per the Government’s guidelines, if you or a family member have recently returned from overseas, are awaiting COVID-19 test results or been in contact with a known or suspected case of COVID-19 you should be self-isolating and must not make a booking during this time.
16.6   If you or a family member feel unwell or develop symptoms after hiring a carer through Kiddo, please contact your local health authority to determine if you need to be tested and provide any relevant information to help with tracing your recent contacts, including the carer you hired.
16.7  Please be mindful that if a carer cancels due to illness they will be doing this out of care for you and your family. While it may be inconvenient at the time, it will be better for our entire community if it avoids infecting you or a family member. In the case of a cancellation by a carer you will receive a full refund as per our cancellation policy.

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