1. Important information

Please read all terms before accessing Kiddo Platform and Services

1.1  Welcome to Kiddo (Site). This Site is owned and operated by Kiddo (Aust) Pty Ltd ACN 628 059 290 trading as Kiddo (referred to in these terms as “Kiddo”, “we”, “us”, and “our”).

1.2  These Terms of Service and Kiddo Community Guidelines (Terms) apply to your use and enjoyment of our Site, mobile application and social media channels (altogether referred to herein as the Platform) and any content made available to you via the Platform and any and all services offered by Kiddo (Kiddo Services).

1.3  These Terms, together with our Privacy Policy, apply to all Platform visitors, subscribers, customers, and any other users of the Platform (“user”, “you” and “your”).

1.4  You may be invited to enter into Written Agreements for Jobs or be eligible to become a Kiddo Subscriber. Entering into other agreements or subscriptions facilitated by Kiddo will operate in conjunction with, and in addition to, these Terms and considered Additional Terms for that purpose.

1.5  Kiddo enables people seeking Care Services (Clients) to find and connect with people offering Care Services (Carers).

1.6  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.

1.7  By accessing and using our Platform or Kiddo Services, or where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you, you warrant that you:

a. are over 18 years of age;

b. have the legal capacity to enter into a legally binding contract;

c. have read and accepted these Terms; and

d. will comply with these Terms.

2. Changes to these Terms

2.1  We reserve the right to change or modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on our Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site, Platform, products, services and content. If at any time you choose not to accept these Terms, you should not use our Platform or Kiddo Services.

2.2  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.

2.3  Your continued use of our Platform is deemed acceptance of any modifications or amendment of these Terms.

2.4  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.

 

3. User access to Platform

3.1  Any person who accesses the Platform acknowledges and agrees that they will comply with the Kiddo Community Guidelines as well as:

a. 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. not engage in any activity that is for an unlawful purpose, facilitates or solicits any illegal activity, depicts sexually explicit images, promotes unlawful conduct, is discriminatory, or causes injury or damage to any person or property;

c. keep confidential and secure their login passwords and details;

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;

h. not attempt to change, remove, deface, hack or otherwise interfere with our Platform or any material or content displayed on the Platform;

i. not hack into any aspect of the Site or Platform, corrupt data, or cause annoyance to other users;

j. not infringe upon any other person’s proprietary rights;

k. to attempt to affect the performance or functionality of any computer facilities of or accessed through our Site or Platform; or

l. 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, unsolicited advertising or promotional material, commonly referred to as “spam” without the express consent of Kiddo.

3.2  We reserve the right to suspend or cancel any User to the Platform at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation or fair use limits as determined by Kiddo.

3.3  We have the right to discontinue our Site or Platform. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Platform, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

4. Account access

4.1  Businesses and organisations that in any way directly or indirectly compete with the Kiddo Platform are prohibited from accessing, using or registering an account as Clients or Carers on the Platform (Prohibited Entities).

4.2 This includes but is not limited to:

a. Childcare centre operators;

b. Nanny agencies;

c. Babysitting agencies; and

d. Recruiting agencies

4.3  We reserve the right to exclude and not permit any person using the Platform in our sole discretion.

4.4  If you are a childcare service provider, please visit Childcare Recruitment section where you can post job advertisements for workers to join your team.

4.5  To access booking features of the Platform, you will need to create an account profile as either a Carer or Client. You warrant that any information you provide during the account setup process is correct at the time you provide the information and that you will be solely responsible for updating your information should there be any changes.

4.6  Carers and Clients both authorise Kiddo to review any photos submitted during the account set up and at any time whilst using the Platform, including to submit them to a reputable and secure third-party to:

a. verify the identity of the individuals in the photos; and

b. prevent dissemination of materials that do not comply with our Community Guidelines.

4.7  Clients and Carers will remain solely responsible for any activity that occurs on their accounts (including images uploaded, payment information and posting or accepting jobs), so we recommend always keeping your account password secure. If you believe your account has been compromised, please contact Kiddo immediately via email hello@kiddoapp.com.au.

5. Carers - Account profiles

5.1  Carer account set up

5.1.1 To join Kiddo as a Carer, you must be:

a. an individual,

b. aged 18 and over;

c. legally entitled to work in Australia;

d. holder of a current ABN;

e. holder of a current Working with Children Card;

f. if eligible to provide Care Services to an NDIS Participant, able to provide additional supporting documentation;

g. if relevant, able to provide evidence of First Aid Certification; and

h. if relevant, able to provide vaccination status.

5.2  Mandatory credentials

5.2.1  Carers will be requested to provide further information through our online registration process, which is, in-part, facilitated by our third-party service provider’s portal/website. You will be required to create an account, provide photo identification and pay a fee directly to the third-party service provider to perform a verification check that you are over 18 years old and have a valid Working with Children Card (mandatory “Carer Credentials”). You will also be invited to include a short introductory video when applying (optional). Any dealing with the third-party service provider for age and Working with Children Card verification, will be governed by their own terms of use and privacy policy – which we encourage you to review and consider.

5.2.2  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. Carers are obligated to keep their contact details up to date so that Kiddo may contact them, should the need arise, from time to time for the above and related purposes.

5.2.3  You agree and acknowledge that as a third-party service provider is verifying mandatory Carer Credentials, you will be notified if your account has or has not been verified, usually within 72 hours, by the third-party at the same time Kiddo is notified.

5.2.4  If you are a Carer who is eligible to provide Care Services to an 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. NDIS Participant means an individual who meets the access requirements to become a participant in the National Disability Insurance Scheme.

5.2.5  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.

5.2.6  First Aid Certification means a current and valid statement of attainment in a recognized first aid training program that includes CPR, asthma and anaphylaxis training.

5.2.7  Once your Carer account has been successfully set up, you will be sent an email notification and you can then, amongst other things, upload your profile, promote your experience and background to be listed and appear on the Platform including being reviewed or rated on the Platform.

5.3  Carer representations

5.3.1  Each Carer represents and warrants to Kiddo that at the time of setting up their account and at all times during their engagement with Kiddo:

a. they are not impersonating any person;

b. they are not a prohibited entity (in accordance with clause ‎1);

c. they are not violating any applicable law regarding use of personal or identification information;

d. they will provide, on demand from Kiddo, verification of Credentials in such form as required by Kiddo;

e. the information they provide to Kiddo is true and not misleading;

f. 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;

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

h. 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.

5.4  Carer conduct

5.4.1  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.

5.4.2  In performing any Job for a Client, each Carer warrants and represents to Kiddo and their Clients (including their children) that:

a. they will act with the utmost professionalism and courtesy in any dealings;

b. they will carry a copy of identification, Working with Children and First Aid Certificate (if you have one) to a confirmed Job in the event a Client wishes to sight these documents;

c. they have not provided any false or misleading information or information which may mislead or deceive in respect of any Job;

d. they have and will continue to make all necessary enquiries of the Client to ascertain the Client’s requirements; and

e. they comply with all applicable laws.

5.4.3  By posting your availability to accept Jobs from Clients 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.

5.4.4  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.

5.4.5 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.

5.4.6  You acknowledge and accept that 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.

5.4.7  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.

5.5  NDIS payments

5.5.1  Carers acknowledge that NDIS Clients will be issued with a Tax Invoice for payment within 10 business days. Kiddo will pay the Carer their Carer Fees, within 72 hours of receiving payment from the NDIS Client. Carers acknowledge and accept that payments may be delayed by up to 14 days from the date the Job took place. Please refer to our NDIS Fees and Payment Terms for more details.

5. Clients - Account profiles

5.6  Client Account set up

5.6.1  To join Kiddo as a Client (required to post Jobs and book Care Services) you must be:

a. an individual;

b. aged 18 and over;

c. a parent;

d. legal guardian or other relative;

e. legally capable of entering into contracts; and

f. where seeking to book Care Services for an NDIS eligible participant, able to provide appropriate supporting documentation.

5.6.2  You agree to provide us with all relevant information we request from you in order to be able to verify your Client account and acknowledge that we will rely upon any information provided by you as being accurate to the extent of your knowledge.

5.6.3  Clients will be required to provide further information through our online registration process and warrant that by doing so:

a. the information they provide to Kiddo is accurate, true and not misleading;

b. they are not impersonating any person;

c. they are not a prohibited entity (in accordance with clause ‎1);

d. they agree to provide verification of identity if required by Kiddo;

e. they are not violating any applicable law regarding use of personal or identification information; 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.

5.6.4  Kiddo verifies all Client accounts and may, at their sole discretion, not provide verification for an account. You will be notified if your account has or has not been verified within the same day as applying. Once verified, amongst other things, can view Carer profiles, post a Job or Invite a Carer to your Job via the Platform. If you have previously held a Kiddo Client account and have outstanding fees, you will be prohibited from setting up a new Client account.

5.7  Client conduct

5.7.1  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.

5.7.2  In posting any Job to the Platform, each Client warrants and represents to Kiddo and the Carers that:

a. they will act with the utmost professionalism and courtesy in any dealings;

b. use clear, complete and accurate information to describe a Job; and

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

5.8  Safety at Client premises

5.8.1  All Clients represent and warrant to Kiddo and any Carer they engage that, at all relevant times:

a. they have inspected their premises and confirm that 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.

5.8.2  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.

5.8.3  Kiddo recommends that Clients and Carers both hold appropriate insurances. Kiddo encourages Clients to ensure their insurances cover a Carer attending the Client’s premises and any accidental or negligent property damage. Kiddo encourages Carers to ensure their professional insurances cover the care of children.

5.9 Acceptance of Jobs

5.9.1  Clients acknowledge and agree that 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). Clients 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. 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.

5.10 Arrival at Job and Overtime

5.10.1  Kiddo recommends that Clients verify their Carer’s identification and checks their Working with Children Card prior to the Carer commencing a Job. The Client agrees that their booking is prepaid for a set number of hours as booked by the Client.

5.10.2 If a Carer is required for more hours than initially agreed, the Client must pay for Overtime and will record this Overtime in Kiddo when confirming the end of the Carer’s booking. Clients are encouraged to process the job finalisation screen as soon as practicable after the booking has completed and can leave a review, star rating and tip at such time (if applicable).

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

5.11 NDIS Care Services

5.11.1 It is the sole responsibility of the Client when posting a Job for Care Services which will in part or in full be covered by an NDIS Plan, that the NDIS participant’s needs are fully disclosed within the Job Post.

5.11.2 Carers are entitled to request a copy of, or at a minimum, to cite the NDIS Plan prior to accepting the NDIS Care Services Job or Ongoing Care Arrangements requested by the Client and Client gives permission to any Carer or third party nominated by Carer to verify the NDIS plan provided.

5.11.3 The Client understands and agrees that for verifications Kiddo conducts on Carers, we disclaim all warranties of any kind, either express or implied, including but not limited to, that such verifications will determine the suitability or qualifications of Carers or identify prior misconduct or guarantee future conduct. We recommend Clients to conduct their own assessments of Carers before booking NDIS Care Services or Ongoing Care Arrangements with Carers. Clients may request Carers to undertake an NDIS worker screening check, at the Carer’s cost, or request a Carer to provide documentation to show they have obtained an NDIS worker screening clearance for the relevant NDIS Care Services or Ongoing Care Arrangement.

5.11.3 The Client also represents and warrants that:

  1. the NDIS Participant for whom they are posting a Job for the care of, has a current NDIS approved plan in place;
  2. the Care Services posted within the Job are reasonable and necessary supports that are specified in the statement of supports in the NDIS Participant’s NDIS plan;
  3. the NDIS plan has sufficient funding for the type of care selected;
  4. if applicable, the NDIS Participant has provided consent to the Client to act on their behalf;
  5. the Client will be solely responsible for determining the suitability of the Care Services and payment of the Tax Invoice issued by Kiddo in accordance with its payment terms irrespective of their NDIS Participant’s NDIS funding eligibility; and
  6. it will be responsible for determining the suitability of a Carer.

5.11.4 Clients accept and acknowledge that they are solely responsible for seeking NDIS funds and or reimbursements directly from NDIS and NDIS may not reimburse the total amount of any Tax Invoice issued by Kiddo.

6. Relationship between all Parties

6.1  Kiddo facilitates the introduction of Clients with Carers via the Platform and for that service, Kiddo is paid a Kiddo Service Fee for facilitating this service.

6.2  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 any Jobs booked or the suitability of a Carer, Job or Client.

6.3  Once a Job is confirmed, a Job Contract is created between the Carer and the Client, with the Carer acting in their own capacity as an independent contractor. Kiddo will NOT be a party to the Job Contract as agreed between the Client and Carer. At no time are Carers represented as being part to a partnership, joint venture or employer and employee relationship with 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.

6.4 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.

6.5 Under no circumstances is Kiddo liable for any property damage, personal injury, illness or death caused by any acts or omissions of a Carer.

6.6 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.

7. Entering into a contract between Carer and Client

7.1 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.

7.2 For the safety of all Users, ALL communications between Clients and Carers including Jobs and payments must be made using the Kiddo Platform.

 

7.3 Carers and Clients are required to enter into a Written Agreement for NDIS Care Services.

7.3.1  Carers and Clients should familiarise themselves with the requirements set out by NDIS for documenting any NDIS Care Services provided. Where both Client and Carer elect to enter into a Written Agreement they do so at their own risk and the terms of that Agreement will be considered Additional Terms to operate in conjunction with these Terms. Kiddo will NOT be a party to the Agreement as agreed between the Client and Carer. To the extent that the Additional Terms are inconsistent with these Terms, the Additional Terms will prevail insofar that they are binding on the Client and Carer but shall not bind Kiddo in any way. Any Additional Terms which attempt to alter or modify these Terms as they apply to Kiddo must be agreed to by Kiddo in writing.

7.3.2  Where both Client and Carer elect to enter into Written Agreement, amongst themselves they do so at their own risk. The terms of that Written Agreement should operate in conjunction with these Terms, include the Mandatory Job Details and must not attempt to alter or modify these Terms as they apply to Kiddo.

7.3.3 To the extent that the Written Agreement contains provisions that are inconsistent with these Terms, the Written Agreement will prevail insofar that they are binding on the Client and Carer, however as Kiddo will not be a party to the Written Agreement they shall not bind Kiddo in any way.

7.3.4 Any provision seeking to bind Kiddo must be agreed to in writing by Kiddo.

7.3.5  Mandatory Job Details include:

a. Full names of all parties;

b. commencement date for the Job;

c. start time and proposed finish time;

d. Carer’s ABN (if applicable);

e. Carer’s Fees; and

f. confirmation that Kiddo will be facilitating all payments relevant to the Job including:

i) debiting the Client via Stripe for Carer Fees or associated Service/ Admin Fees; or

ii) issuing Tax Invoices to Clients for NDIS Care Services and related Fees.

8. Kiddo services

8.1 Care Services” refer to where a Client posts a Job which includes child-minding services or any other approved services via the Platform on an as-needed basis.

8.2  “Ongoing Care Arrangement” refers to where a Client uses the “Find Ongoing Care Services” and pays the “Ongoing Care Fee” via the Platform, seeking to book the same Carer more than once, for a set period of time with the ability to pre-schedule Jobs up to 3 months at a time. Kiddo will search for 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.

8.3  “Care Services (NDIS)” refers to where a Client, who is authorised to procure Care Services for an NDIS Participant, posts a Job which is accepted by an eligible Carer.

8.4  “Ongoing Care Arrangements (NDIS)” refers to where a Client uses the “Find Ongoing Care Services” and pays the “Ongoing Care Fee” via a Tax Invoice, seeking to book the same Carer more than once, for a set period of time with the ability to pre-schedule Jobs up to 3 months at a time. Kiddo will search for 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.

9. Standard service fees and payment methods

9.1  All prices are in Australian Dollars (AUD) and unless otherwise agreed between the Client and Carer, Carer Fees may not attract Australian Goods and Services Tax (GST). Kiddo Service Fees, Ongoing Care Fees and Last Minute Service Fees may attract GST.  All amounts are listed as inclusive of GST.

9.2 Stripe Payment Processing

9.2.1 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”).

9.2.2  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 (International Card Surcharge).

9.2.3  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.

9.2.4  As a condition of Kiddo enabling payment processing services through Stripe, each Client and Carer agrees to provide Kiddo accurate and complete information and authorises 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 are 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.

9.2.5  The following payments are facilitated through the Platform and Stripe:

a. Carer Fees;

b. Kiddo Service Fees;

c. Ongoing Care Search Fee/Arrangements;

d. Last Minute Service Fees;

e. Overtime; and

f. Tipping.

9.3 Timing of Payments
9.3.1  For Jobs in more than 7 days’ time, Carer Fees and Service Fees are debited from the Client’s card via Stripe at the time the Job is confirmed. For Jobs made within 7 days, Carer Fees and Service Fees are ‘held’ by Stripe and debited at the time the Job is marked as completed by the Carer.

9.4 Carer Fees

9.4.1  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 Fees are held in escrow by Kiddo until such time that a specific Job is marked completed by the Client. Carers can expect to receive their payment, within 72 hours of the Job being marked as completed by the Carer.

9.5  Kiddo Service Fee

9.5.1 For bookings made and confirmed on or after 4 December, a Kiddo Service Fee equal to 15% of the total Carer Fee, will be added to the Carer Fee at the time the booking is confirmed.

9.6 Ongoing Care Search Fee

9.6.1 By using the “find ongoing care services” feature on the Platform, the Client will be able to post a Job that will be visible to local Carers who can apply for the Ongoing Search Care Arrangement. Kiddo will search for Carer candidates for the Client and the Client can communicate via the Kiddo platform with each Carer who has applied for the Job.  At the Effective Date, the Ongoing Care Search Fee is $99.00. Ongoing Care Search Fees are non-refundable, irrespective of service delivery.

9.7 Ongoing Care Arrangements

9.7.1 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.

9.8 Last minute Jobs

9.8.1 In the event a Client posts a Job within 24-hours of the start time the Client will be charged a fixed “Last Minute Service Fee, debited from the Client’s card via Stripe at the time the Job is confirmed. At the Effective Date, the Last Minute Service Fee is $20.00. Last Minute Service Fees are non-refundable, irrespective of service delivery.

9.9 Overtime
9.9.1 If the Client returns home to end the Job later than scheduled, the Client will record this Overtime in Kiddo when confirming the end of the Carer’s booking.  The Client authorizes Kiddo to charge this Overtime (based on 30-minute increments of the Carer’s Hourly rate). Any overtime will be immediately debited from the Client’s card via Stripe. Carers can expect to receive their Carer Fees and any applicable Overtime payment, within 72 hours of the Job being marked as completed.

9.10  Tipping

9.10.1 When marking a job as completed, the Client may also add a Tip to be passed on in its entirety to the Carer. This will be debited from the Client’s card via Stripe immediately. Carers can expect to receive their Tip (in addition to Carer Fees and any applicable overtime payment) within 72 hours of the Job being marked as completed.

9.10.2 Tipping is not a feature enabled for NDIS Care Services.

10. NDIS service fees and payment Terms

10.1 All prices are in Australian Dollars (AUD) and unless otherwise agreed between the Client and Carer, Carer Fees may not attract Australian Goods and Services Tax (GST). Kiddo Service Fees, NDIS Admin Fees, Ongoing Care Fees and Last Minute Service Fees may attract GST. All amounts listed are inclusive of GST.

10.2  GST treatment

10.2.1 Carers and Clients are required to enter into a Written Agreement for NDIS Care Services.  It is the responsibility of the Carer to determine if their supply of services will be treated as GST-free and advise Kiddo accordingly for the purposes of preparing accurate Tax Invoices. Kiddo will be entitled to request a copy of the Written Agreement entered into between the Carer and Client for accounting purposes.

10.3 NDIS Timing of Payments

10.3.1 Jobs for NDIS Care Services must be paid via Tax Invoice, issued by Kiddo on behalf of the Carer and Kiddo to the Client each time a Carer marks a Job as complete. All Tax invoices are due and payable in accordance with the payment terms on the Tax Invoice or by no later than 10 business days from the date of the Tax Invoice.

10.3.2  NDIS Clients accept and acknowledge that they are solely responsible for payment of any Tax Invoice issued by Kiddo for NDIS Services and accept that NDIS may not reimburse the total amount of any Tax Invoice.

10.4 NDIS Admin Fee

10.4.1 An NDIS Admin Fee equal to 10% of the total Carer Fees will be automatically included in all NDIS Jobs, payable to Kiddo to cover the additional administration facilitated by Kiddo for NDIS Jobs.

10.5  NDIS Carer Fees

10.5.1 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). If the Carer advertises that they can provide services to NDIS participants, they are solely responsible for charging hourly rates in accordance with the NDIS price guide. Limits have also been imposed within the Platform in relation to the hourly rate for NDIS Jobs.

10.5.2 Carers acknowledge that NDIS Clients will be issued with a Tax Invoice for payment within 10 business days. Kiddo will pay the Carer their Carer Fees, within 72 hours of receiving payment from the Client for the Tax Invoice. Carers acknowledge and accept that payments may be delayed by up to 14 days from the date the Job took place.

10.6 Kiddo Service Fees

10.6.1 For bookings made and confirmed on or after 4 December 2023, a Kiddo Service Fee equal to 15% of the total Carer Fee, will be added to the Carer Fee at the time the booking is confirmed.

10.7  Overtime

10.7. 1 If the Client returns home to end the booked Job later than scheduled, the Client will record this Overtime in Kiddo when confirming the end of the Carer’s booking. Kiddo will include any Overtime on the Tax Invoice issued to the Client immediately after the job has been marked as completed by the Carer.

10.7.2 Carers acknowledge that NDIS Clients will be issued with a Tax Invoice for payment within 10 business days. Kiddo will pay the Carer their Carer Fees and any applicable Overtime, within 72 hours of receiving payment from the Client for the Tax Invoice. Carers acknowledge and accept that payments may be delayed by up to 14 days from the date the Job took place.

10.8 Ongoing Care Search Fee

10.8.1 If a Client selects to arrange an Ongoing Care program for NDIS Servicesan Ongoing Care Search Fee will be charged which as at the Effective Date is $99.00. The Ongoing Care Fee will be issued via Tax Invoice for payment by the Client in accordance with the payment terms listed on the Tax Invoice.

10.9 Ongoing Care Arrangements

10.9.1 Tax Invoices for Ongoing Care Arrangements will be issued to the Client when the Carer marks each Ongoing Care Job as completed.

10.9.2 Carers acknowledge that NDIS Clients will be issued with a Tax Invoice for payment within 10 business days. Kiddo will pay the Carer their Carer Fees and any applicable overtime, within 72 hours of receiving payment from the Client for the Tax Invoice. Carers acknowledge and accept that payments may be delayed by up to 14 days from the date the Job took place.

10.10 Last minute Jobs

10.10.1 In the event a Client posts a Job for within 24-hours of the start time (or in the event no carer is available and we need to issue a request) the Client will be charged a fixed Last Minute Service Fee. At the Effective Date, the Last Minute Service Fee is $20.00. The Last Minute Service Fee will be issued via Tax Invoice for payment by the Client in accordance with the payment terms listed on the Tax Invoice.

10.11 Overdue Tax Invoices

10.11.1 Failure to process payment of any Kiddo Tax Invoice in accordance with the payment terms listed on the Tax Invoice will result in the immediate suspension of the Client account. Kiddo may engage an external agency to manage recovery of any unpaid Fees. Clients acknowledge that they will be responsible for the costs involved in the recovery including reasonable legal costs.

10.11.2 Carers acknowledge that if Kiddo does not receive payment from the Client for the Tax Invoices issued, Carers will not receive payment for their Job.

10.11.3 The Client and Carer both acknowledge and agree that Kiddo acts only as an intermediary facilitating the provision of information between Client and Carer.

11. Kiddo Gift Cards

11.1 Kiddo gift cards can be purchased at kiddoapp.com.au/giftcards.

11.2 Kiddo gift cards may be redeemed online for Kiddo bookings only. Kiddo gift cards cannot be used to purchase another Kiddo gift card. Promotional offers or discounts do not apply to the purchase of Kiddo gift cards.

11.3 Kiddo gift cards are non-refundable, and cannot be redeemed for cash unless required by law. A maximum of one (1) Kiddo gift card may be redeemed on one booking at a time. If the amount of your Kiddo gift card does NOT cover the total booking amount, the remainder of your booking balance can be paid with an accepted alternate form of payment.

11.4 Your Kiddo gift card is valid for 3 years from the date of purchase. Any remaining value that is left on your Kiddo gift card can be checked at kiddoapp.com.au/giftcards.

11.5 We ask that you safeguard your Kiddo gift card. Do not share your Kiddo gift card code. We are not able to replace or replenish Kiddo gift cards that are lost, stolen or used without authorisation.

11.6 Kiddo gift cards cannot be redeemed or used towards bookings for NDIS Care Services.

12. Cancellations and Refunds

12.1 Cancellations

12.1.1 Clients agree and understand that:

a. Kiddo is a matching service only; they cannot control the availability of the Carers listed on the Platform and are not responsible for cancellations or ‘no shows’ by a Carer;

b. if a Carer cancels a confirmed Job, the Client is responsible for submitting another booking request to find a suitable replacement Carer;

c. if a Carer is a ‘no show’ for a confirmed Job, the Client must notify Kiddo as soon as possible but not after the job booking time has concluded via hello@kiddoapp.com.au where they may request a refund (if applicable);

d. if a Client needs to cancel any Job Contract (including Ongoing Care Arrangements) at any time for any reason, a Kiddo Cancellation Fee or Carer Cancellation Fee will apply;

e. if a Client needs to cancel an unconfirmed Job (e.g., a booking that has not been confirmed by your Carer), unless otherwise agreed between the Carer and Client, no cancellation fees will apply;

f. where a Carer is a Kiddo Subscriber, they may have their own Carer Cancellation Fee which will apply to their Jobs;

g. if a confirmed booking is cancelled less than 7 days before its start time (a Short Notice Cancellation as defined by the NDIS) and the Carer is unable to be booked for another Job for that time, the Carer may be able to make a claim for the full amount of the Job from the Client (Short Notice Cancellation Claim); and

h. 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.

12.1.2 Carers agree and understand that Kiddo is a matching service only, they cannot control and are not responsible for cancellations made by a Client.

12.1.3 Where a Carer is a Kiddo Subscriber, they may impose their own Carer Cancellation Fee – which Clients will need to agree to prior to the Job commencement. Carer Cancellation Fees will be debited via Stripe immediately after cancellation and directed in full to the Carer (within 72 hours of the fees being debited via Stripe).

12.1.4 If the Carer is not a Kiddo Subscriber, a Kiddo Cancellation Fee will apply, debited via Stripe at the time of the cancellation and retained by Kiddo. At the Effective Date, the Kiddo Cancellation Fee is $10.00.

12.2 Cancellations NDIS Jobs

12.2.1 Kiddo Cancellation Fees will be issued via Tax Invoice from Kiddo immediately after cancellation and payable in accordance with the payment terms on the Tax Invoice and retained by Kiddo. At the Effective, Date the Kiddo Cancellation Fee is $10.00.

12.2.2 Further, if a confirmed Job is cancelled less than 7 days before its start time (a Short Notice Cancellation as defined by the NDIS) and the Carer is unable to be booked for another Job for that time, the Carer may be able to make a claim for the full amount of the Job from the Client (Short Notice Cancellation Claim). Carers will be responsible for pursuing this with the Client directly, and Clients will be responsible for seeking reimbursement from NDIS directly for this. Carers will need to make the request for Kiddo to issue the Tax Invoice to the Client for their full Carer Fees. Short Notice Cancellation fees imposed by the Carer will be issued via Tax Invoice from Kiddo and payable in accordance with the payment terms on the Tax Invoice. Short Notice Cancellation Fees will be directed in full to the Carer via Stripe (within 72 hours of the fees being receipted by Kiddo).

12.2.3 Where a Carer cancels a confirmed Job, irrespective of how much notice is provided, the Client will be absolved from their obligations for payment of that Job.

12.3 Refunds

12.3.1 Clients may be eligible for a full refund where a Carer:

a. cancels any Job Contract or Ongoing Care Arrangement; or

b. fails to show up for a confirmed Job, for any reason, without providing a cancellation notice and the Client informs Kiddo anytime from of the start time of the Job.

12.3.2 Where a Carer arrives later than the agreed commencement time, the Client may;

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

b. request the Carer to extend the finish time to accommodate the late arrival, in which case no refund of Carer Fees will be provided from Kiddo.

12.3.3 Clients will need to contact hello@kiddoapp.com.au as soon as possible after being notified of a cancellation from a Carer, or during the live booking time to request a full or partial refund. Kiddo will investigate and issue refunds as soon as practical after receiving Client requests.

12.3.4 Full or partial refunds will not be issued to Clients where the Client, after Job confirmation:

a. of their own volition, arrives home early and a booking finishes before its scheduled time;

b. changes the location of the Job (and the Carer is no longer able to attend the new location);

c. changes the Job description (and the Carer is no longer suitable for the Job); or

d. Kiddo reasonably believes the Carer has been mistreated in any way or is at risk of being in an unsafe or unhealthy work environment.

12.3.5 No refunds can be issued for Last Minute Service Fees or Ongoing Care Search Fees.

12.3.6 Both Carers and Clients acknowledge that:

a. Kiddo is not responsible for any breach of a third-party contract between the Client and Carer including to the extent that this means the services may not proceed; and/or

b. where a Force Majeure event necessitates that any part of any services be cancelled, Kiddo will not be responsible for any loss or damage incurred as a result.

12.3.7 Any refund is provided in compliance with any and all applicable Australian Consumer Laws.

13. Confidentiality and Privacy

13.1 For the full use and enjoyment of the Platform, Users will be required to access and provide Confidential Information to other parties. Any Confidential Information supplied to us by you that incorporates personal information will be dealt with in accordance with our Privacy Policy, which is available on our website. Users agree that unless they have the express prior written consent of the other party, they will:

a. keep the Confidential Information of the other party confidential at all times;

b. ensure that any person to whom Confidential Information is disclosed is aware of and complies with this clause; and

c. not use, disclose, solicit, make available or misappropriate, directly or indirectly any Confidential Information;

d. be prohibited from referring to any other party and in particular any children in any website, social media or other publication outside of the Platform.

13.2 Where express permission has been sought in writing from either the Carer or the Client:

a. both parties must inform the other party of any proposed disclosure, including the form of disclosure, within a reasonable timeframe prior to its disclosure;

b. respect any reasonable request of the consenting party to the disclosure (for example request for names not to be referenced with photos); and

c. at all times comply with the Kiddo Community Guidelines.

13.3 Users 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.

13.4 These obligations of confidentiality do not apply to any disclosure that:

a. is for the purpose of exercising a party’s rights under the Terms;

b. is required by Applicable Law; or

c. relates to Confidential Information that is publicly available through no fault of the receiving party or was rightfully received from a third-party without restriction and without the breach of any obligation of confidence.

13.5 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.

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

13.7 Confidential Information

13.7.1 Confidential information includes any information received or obtained (as applicable):

a. by Kiddo from or on behalf of a Client in respect of any Job;

b. by a Carer from or on behalf of a Client or Kiddo in respect of any Job;

c. by the Client from or on behalf of Kiddo or the Carer in respect of any Job; and

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

14. Intellectual property

14.1 Our Platform, products and services contain intellectual property owned by us and/or by third parties that license the content to us (“Third-Party Licensed Intellectual Property”). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as business names, logos, images, designs, text, videos, audio files, graphics, other files, and software (“Content”). Your access to and use of our Site, Platform, products (including digital products), services and Content does not grant or transfer any rights, title or interest to you in relation to any of the above.

14.2 No Commercial Use

14.2.1 You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, Platform, products, services, content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, Platform, products, services, and Content, without refund, if you are found to be violating these Terms.

14.3 Limited Licence

14.3.1 Where you download or purchase any Digital Products from our Site or Platform (including checklists, guides, ebooks, video or audio content), you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these digital products to any other person without our express written consent. We reserve the right to refuse to provide any products and/or services to you at any time for any reason.

14.3.1 Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including Digital Products) in any manner whatsoever except as authorised by us.

14.3.2 In relation to User 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.

15. Information and advice

15.1 Our Site and Platform contains content and other information, that is of a general informational nature only. This information is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be any type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Site, Platform or through our products and/or services.

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

15.3 We do not accept responsibility for determining whether our products and/or services are appropriate for you.

15.4 Any reference to other products or services, programs, courses, processes or other information appearing on our Site or Platform does not constitute or imply our endorsement, sponsorship or recommendation in any way.

16. Links to other websites

16.1 Our Platform and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those websites and will have no liability in connection with, your access to or use of any third-party website.

16.2 Kiddo accepts no responsibility for the accuracy or reliability of any information, opinions or statements made in any third-party site. It’s up to you to decide if those websites and their content are suitable and appropriate for you. Access to any other site linked to the Platform is at the User’s own risk.

17. Submitting content to Platform

17.1 We always appreciate interaction on our social media channels and feedback about our Site, products and services, as it helps us to improve our Site and our products and services. Through the use of our Site, you may be invited to submit a review, and you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you!

17.2 Where you do decide to submit such feedback or comments, you:

a. warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consents and permissions);

b. give us permission to post or otherwise use that feedback on our social media or other channels;

c. waive any and all existing and future Moral Rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with;

d. warrant that any content provided does not violate these Terms; and

e. warrant that you are at least 18 years old.

17.3 We reserve the right to remove a review or comment if such review or comment contains:

a. libellous or otherwise unlawful, abusive or obscene material;

b. personal attacks on our employees or another contributor;

c. material that discloses your personal information; or

d. information that is unrelated to the post or content that you have reviewed or commented on.

17.4 Our Site and social media channels may feature user reviews of our products and/or services. These reviews in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any users.

17.5 Clients and Carers can post feedback, let us know about a technical issue or submit reviews and ratings through the Platform or via hello@kiddoapp.com.au. We endeavour to respond to all correspondence as soon as possible, but it may take up to 7 days. If your enquiry is urgent please mark your email subject as ‘Urgent’ when emailing hello@kiddoapp.com.au.

18. Testimonials

18.1 On our Site and Platform, we present real-life examples of and insights into other customers’ and/or clients’ experiences with our products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results.

18.2 Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Platform and social media channels, or any other avenue, for promotional and other purposes at our discretion.

 

19. Competitions and Discount Codes

19.1 Competitions

19.1.1 We may from time to time run competitions through our Platform and/or through our social media channels. Your participation in those competitions is subject to these Terms and any Additional Terms that are specific to each competition.

19.2 Discount Codes
19.2.1 We may from time to time offer discount codes to the general public or ‘user benefit codes’ which are exclusive to invited Users only.

19.2.2 By accessing, using or distributing any Kiddo discount code Users acknowledge, agree and warrant that:

a. Discount codes may only be applied at the time of making a booking and are valid for single use only, by any individual;

b. Discount codes will ONLY apply to booking fees, unless otherwise advertised;

c. User benefits codes may only be posted in restricted access areas;

d. sending discount codes via unsolicited email, direct messages, public forums, message boards or any other activity which may be constituted as spam, is strictly prohibited;

e. sending unique discount codes via i-frames, bots, or any other method of automated distribution, is strictly prohibited;

f. any content used by you in association with the unique discount code will not include inappropriate content that we determine in our sole and absolute discretion could be expected to negatively impact Kiddo’s goodwill or reputation; and

g. if found to have violated any of these restrictions, you agree that you will forfeit all discount codes.

19.2.3 In our sole and absolute discretion, Kiddo reserves the right to:

a. prohibit any discount code to be used if we have deemed it inappropriate for the offer;

b. remove an individual’s eligibility to participate in any promotion; and

c. change or modify the terms of any discount code, including, in whole or in part, or terminate a discount code in its entirety.

19.2.4 Discount codes cannot be redeemed or used towards bookings for NDIS Care Services or if a Parent is a subscribed as their booking fee is already discounted.

20. Electronic communications and electronic signatures

20.1 You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our Platform, including but not limited to any consent you provide to receive communications from us. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, using an electronic device such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

21. Warranties and Disclaimers

21.1 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.

21.2 Our Platforms are provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties express or implied about our Platform and/or our products or service as to:

a. merchantability;

b. fitness or suitability for any purpose;

c. the Platform being free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; and

d. there being no possibility of failure to store communications or other data.

21.3 To the maximum extent permitted by law, Kiddo will not be liable for:

a. the availability (or lack thereof) of the Platform;

b. any Job, the scope of any Job or any changes to a Job;

c. any Care Services provided by a Carer;

d. the accuracy of information provided by a User, including the User’s profiles, background or capabilities;

e. 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

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

21.4 Users warrant that all information provided is true and correct at the time that it is provided and understand that Kiddo and other Users will rely upon the information provided.

21.5 Any failure by Kiddo to act upon a breach of these Terms by any User is not intended to waive any legal rights that we may have.

22. Limitation of Liability

22.1 To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Platform and/or our products or services, your inability to access our Platform, interruption or outage of our Platform or the fact that content on our Platform or in our services is inaccurate, incomplete or out of date.

22.2 Each party agrees to take reasonable steps to mitigate any loss, damage or expense it may suffer or incur, arising out of anything done or not done by the other party in connection with these Terms.

22.3 Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

22.4 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.

22.5 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.

23. Our right to be indemnified by you

23.1 To the fullest extent permitted by Applicable Laws, you agree to indemnify and hold us and our related entities, affiliates and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third-party due to or arising out of your use of our Platform in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third-party.

24. Review, modify or suspend accounts

24.1 Kiddo reserves the right to, without limitation, do any or all of the following in relation to a User if they have been found to be in breach of these Terms:

a. permanently or temporarily hide all or part of your profile;

b. modify your profile;

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

d. permanently or temporarily block your access to all or part of the Platform.

24.2 Kiddo reserves the right to suspend a User’s account on the Platform in the event that:

a. payment is outstanding for any services;

b. it is assessing a complaint from another User;

c. they have a cancellation rate over 80%;

d. there is a pending dispute with another User, Kiddo or any other third-party;

e. the Client or Carer receives feedback that brings, or is likely to bring, Kiddo into disrepute; and/or

f. the Client or Carer receives consistent negative feedback or a review rating lower than 2 out of 5 stars that Kiddo, in its sole discretion, does not believe to be reflective of reasonable conduct of a Client or Carer in the circumstances.

24.3 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 that the Client or Carer’s suspension has ended or their account has been terminated.

25. Termination

25.1 Kiddo may terminate any User Account (Carer or Client) with immediate effect if:

a. a Carer fails to show up to a Job;

b. a Carer cancels a Job or ends a Job earlier;

c. a Client does not pay the Fees within the timeframe specified on the Tax Invoice;

d. a User breaches any obligation under these Terms;

e. a User fails to comply with the Kiddo Community Guidelines; or

f. we consider that mutual trust or confidence no longer exists.

25.2 If a Client or Carer Account is terminated, a notification will be issued by Kiddo to the User.

25.3 A User may disable or delete their account via the Platform directly Users agree that they are solely responsible for contacting any affected parties in relation to the disabling of their account.

26. Severability

26.1 If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these Terms will remain in full force and effect.

 

27. Assignment

27.1 We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent to you. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

 

28. Entire agreement

28.1 These Terms (together with our Community Guidelines and Privacy Policy) constitute the entire understanding and agreement between us and you in relation to your use of our Site and Platform and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to our Site and Platform and your use of our Site and Platform.

29. Governing Law and Jurisdiction

29.1 All Terms shall be construed in accordance with and governed in all respects by the laws of Queensland, Australia.

 

30. Non-Disparagement 

30.1 Without limiting either party’s rights, each party agrees not to disparage the other or provide negative feedback in a public forum (such as social media or an online review platform) at any time during or following the provision of the Services. Where either party is dissatisfied, the issue must be dealt with in accordance with the provision of this Agreement relating to disputes.

 

31. Disputes

31.1 If a dispute arises out of or relating to these Terms, the relevant parties shall, in the first instance, and acting in good faith, attempt to resolve the matter amongst themselves as quickly and cost-effectively as possible before escalating to mediation or other alternative dispute resolution process or litigation in the state of Queensland. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia. Nothing in this section limits the right of any party to seek or obtain urgent interlocutory or interim relief in the state where we reside at the time. All costs associated with the dispute, including legal, mediation or arbitration fees, will be, in the first instance, borne equally by both parties.

32. Kiddo Subscription Products

32.1 Overview

Kiddo may offer subscription products and services (each a Subscription) for purchase via our mobile app (InApp Purchase).

If you choose to purchase a Subscription, this clause 32 applies (Subscription Terms) along with the remainder of our Terms of Service (as applicable) and our Privacy Policy.

By purchasing a Subscription, you:

  1. acknowledge that you have read, and agree to comply with and be legally bound by, these Terms; and
  2. warrant that you are over 18 years of age and have the legal capacity to enter into a binding contract.

We reserve the right to modify these Subscription Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. If you are uncertain about these Subscription Terms, the remainder of our Terms of Service or anything else on our Site or Platform, please don’t hesitate to contact us before completing any purchase.

Throughout these Subscription Terms, certain capitalised terms are used as defined in the ‘Definitions’ section of the Terms of Service, unless otherwise specified herein.

 

32.2 Subscription Access

You may purchase and access your Subscription by creating a new Kiddo account or updating your existing Kiddo account and paying the Subscription Fee via an In-App Purchase. You agree to provide accurate, current and complete information about yourself as requested or directed, and to promptly update this information to maintain its accuracy. We have the right to suspend your access to, or terminate your Subscription, if we suspect that such information is inaccurate or incomplete. We also reserve the right in our sole discretion to terminate or suspend your account for any reason whatsoever. You agree you will not receive a refund for any paid service or feature you have already been charged for.

Your access to your Subscription commences once you pay the fees for the Subscription via an In-App Purchase(‘Subscription Fees’). Your subscription continues until terminated pursuant to these Terms or the Subscription is discontinued by us. We will provide you with 30 days’ notice should we plan to discontinue the Subscription. You agree you will not receive a refund for any paid service or feature you have already been charged for.

32.3 Payment of Subscription Fees

The Subscription Fees are payable in full upfront for the selected period (e.g., monthly, 3-monthly, 6-monthly or annually). Payment may be made via an In-App Purchase.

You may make an In-App Purchase by making a purchase through a third-party platform such as the Apple App Store and Google Play Store (Third Party Store). Once you have made an In-App Purchase, you authorise the Third Party Store to automatically charge the card they have on file at the start of each billing period for the following Subscription period.

Where you fail to make payment or payment is declined for any reason, you will not be able to access the Subscription and you must provide a new eligible payment method in order to obtain access to the Subscription.

You acknowledge and accept that should we decide to increase our Subscription Fees, you will incur the increase automatically at the start of your next billing period. We will provide you with 30 days’ notice should we plan to increase our Subscription Fees, and should you choose to cancel your Subscription as a result, you may do so in accordance with section 32.5 below.  If we change the Subscription Fees and you do not cancel your Subscription, you agree that you will be charged at our revised pricing for the Subscription.

 32.4 Auto-Renewal of Subscriptions

Some of our Subscriptions are automatically-renewing subscriptions. If you purchase an automatically renewing Subscription, your Subscription will renew at the end of the period, unless you cancel. To avoid charges for a new Subscription period, you must cancel, as described in section 32.5 below, before the end of the then-current Subscription period. Deleting your account or deleting the application from your device does not cancel your Subscription.

32.5 Refunds and Cancellations

The Subscription Fees are non-refundable except as required by law or at our sole discretion. We do not provide refunds simply because your situation has changed or you have changed your mind.

If you purchased a Subscription through a Third Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your Subscription.

If you cancel your Subscription, you may use your Subscription until the end of the period you last paid for, but note: (a) you will not be eligible for a prorated refund; (b) your Subscription will not be renewed when that period expires; and (c) you will then no longer be able to receive any Carer Cancellation Fee and (d) you will no longer receive discounted Kiddo service fees or use the Subscription.

Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. If you have a refund request, we may determine in our sole discretion, that your refund request is valid, in which case your access to the Subscription will cease and you must immediately cease using and destroy any materials provided to you in the Subscription.

If you purchased your Subscription via an In-App Purchase using your Apple ID, refunds are handled by Apple, not Kiddo. To request a refund, go to iTunes, click on your AppleID, select “Purchase history”, find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com/. If you purchased in the Google Play Store, you can log into Google Wallet.

32.6 Third Party Store

If you purchased the Subscription via an In-App Purchase, you acknowledge and agree that in the event of a conflict between a Third Party Store’s applicable terms and conditions and these Subscription Terms, the Third Party Store’s terms and conditions shall govern and control. We are not responsible and have no liability whatsoever for third party goods or services you obtain through a Third Party Store. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

Notwithstanding the above, you acknowledge and agree that:

  • these Subscription Terms are between you and Kiddo only and not with the Third Party Store, and Kiddo is solely responsible for the Subscription and our mobile app and the content thereof;
  • the Third Party Store is not responsible for maintenance and support services with respect to the Subscription and has no obligation to furnish any maintenance and support services with respect to the Subscription;
  • Kiddo and not the Third Party Store is responsible for addressing any claims you may have relating to the Subscription;
  • the Third Party Store, and the Third Party Store’s subsidiaries, are third party beneficiaries of these Subscription Terms, and, upon your acceptance of these Subscription Terms, the Third Party Store from whom you obtained the Subscription will have the right (and will be deemed to have accepted the right) to enforce these Subscription Terms against you as a third party beneficiary thereof.

32.7 Subscription Entitlements

During your Subscription, we will provide you with certain subscription entitlements, including:

Carer Subscription Entitlements:

  • Customised Cancellation policy
  • Priority access to jobs and higher ranking on Kiddo job board
  • Profile badge on your profile
  • Access to all Last Minute Booking jobs and Ongoing Care jobs posted

Parent Subscription Entitlements:

  • A reduced Kiddo Service Fee (5% instead of the advertised 15%)
  • A $0 Last Minute Service Fee (instead of $20 per job)
  • A $0 Ongoing Care Search Fee (instead of $99 per job)

(“Subscription Entitlements”)

If a Force Majeure event of any kind requires that any Subscription Entitlements be delayed, they will either take place in a different allowable format or be rescheduled. You will not be entitled to any compensation for Subscription Entitlements that are unable to proceed due to a Force Majeure event.

From time to time, we may also provide you with certain benefits, such as products, programs, workshops or other Subscriptions, which may be provided by third parties. We do not offer any guarantees regarding these benefits, including their accuracy or quality, the duration for which they are available or that they are suitable for your purposes.

During the Subscription, you may also be invited to participate in an online group. In order to be admitted and retain access to the group, you will be required to comply with its rules, including the rules provided by the hosting platform. If you breach the rules of the online group, your access to the group will be revoked and, depending on the severity of the breach, your access to the Subscription may also be revoked.

We reserve the right to cease operating any associated online group with 7 days’ notice to you.

32.8 Complaints

We are committed to your enjoyment of and satisfaction with the Subscription. Should you have any concerns or be dissatisfied in any way, please contact us via email hello@kiddoapp.com.au and include:

  1. your name;
  2. the email address you used to apply for the Subscription;
  3. details of your concern or complaint;
  4. details of what you would like us to do to resolve the matter; and
  5. copies of any relevant correspondence.

We will acknowledge your complaint within 5 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.

You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media.

If you have an issue or dispute, please refer to section 31 of our Terms.

32.9 Intellectual Property Rights

As part of the Subscription, you will have access to certain materials, including programs, workbooks, forms, templates, precedents, webinars, digital products and other content (‘Subscription Materials’). We retain ownership of all Intellectual Property in the Subscription and the Subscription Materials.

To the extent required for participation in the Subscription, you are granted a non-exclusive, non-transferable, single-use, limited licence to access and use the Subscription Materials for your own personal use, and you agree not to:

  1. modify the Subscription Materials;
  2. copy or share the Subscription Materials or in any way cause or allow them to be copied or shared;
  3. assign or transfer your Subscription to any other person without our express written consent; or
  4. sublicense, publish, sell, or provide the Subscription Materials to, or otherwise allow them to be used by, third parties.

Your use of the Subscription Materials are also subject to the remainder of our Terms of Service.

If you infringe our intellectual property rights, we reserve the right to terminate your access to the Subscription and the Subscription Materials without refund and pursue legal remedies.

For any Intellectual Property that you provide us with through your Subscription (‘Subscription Member Content’), you warrant that you are the owner of this Intellectual Property and indemnify us against any claim made by a third party arising out of any breach of intellectual property rights from our use of the Subscription Member Content (including distribution for promotional purposes). By participating in the Subscription, you grant us a non-exclusive, irrevocable, royalty-free, perpetual licence to use and reproduce your Subscription Member Content at our discretion.

32.10 Subscription Promotion

Where you have provided Subscription testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.

You acknowledge that part of your Subscription may include recording (in audio and/or video format) your participation in the Subscription, where you may feature prominently. These recordings are both for the purposes of providing the Subscription and for us to use in our promotional material to market the Subscription. You consent to our use of these recordings without restriction, including but not limited to our ability to modify, publish, reproduce or distribute them at our discretion.

32.11 Termination

We reserve the right to terminate your access to the Subscription with immediate effect if:

  1. you do not pay the Subscription Fees when due;
  2. you infringe our intellectual property rights;
  3. you engage in conduct that is injurious or potentially harmful to our reputation;
  4. you disclose Confidential Information without consent;
  5. your actions are contrary to our interests;
  6. we consider that mutual trust and/or confidence no longer exists;
  7. in the event of the termination of your Carer Account or Client Account under the Terms of Service, the Subscription terms shall automatically terminate; or
  8. you fail to comply with any of the other provisions of these Subscription Terms or otherwise breach any undertaking, warranty or obligation under these Subscription Terms.

If we terminate your access to the Subscription, we may, at our sole discretion, refund any prorated balance of the Subscription Fee already paid by you.

32.12 Warranties and Indemnities

We provide the Subscription and its content on an ‘as is’ basis without warranty of any kind, either express or implied, and do not guarantee any specific results from your participation. Your experience will depend on your own commitment, motivation and intent to follow through. Any examples of previous participants’ experiences, including reviews, testimonials or other statements, are provided for illustrative purposes only, and are simply examples of what can be possible.

You agree that you engage in the Subscription at your own risk.

Except as expressly permitted by law, we cannot be held liable for:

  1. any loss or damage that you may suffer as a result of your participation;
  2. your inability to participate in the Subscription for any reason;
  3. your failure to maintain the security of your login details that enable you to access the Subscription;
  4. the statements or conduct of any third party; or
  5. your reliance on the suggestions or recommendations of any third party or Subscription participant.

You agree to indemnify us against any loss or damage, including legal costs, related to your breach of these Subscription Terms.

32.13 Privacy Policy

For information about we collect, use and share your personal information, please check our Privacy Policy, which is accessible here.

32.14 Validity

Whenever possible, each provision of these Subscription Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Subscription Terms is held invalid or unenforceable, the remainder of these Subscription Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

32.15 Assignment

Clause 27 of the Terms of Service apply.

32.16 Entire Agreement

These Subscription Terms will become binding when you agree to these Subscription Terms, including by clicking ‘I consent’ or ‘I agree’ or similar, or by purchasing and/or commencing the Subscription.

These Subscription Terms (including by incorporation the Terms of Service and Privacy Policy) constitute our entire agreement with you about the Subscription and supersede all previous agreements and understandings.

32.17 Governing Law and Jurisdiction

Clause 29 of the Terms of Service apply.

33. Definitions

DEFINITIONS

ABN means a unique 11-digit number provided by the Australian Business Register to identify businesses and organisations.

Additional Terms means any agreement (verbal or written) entered into by two parties that include terms which are not contemplated or dealt with within these Terms.

Applicable Law means any applicable statute, regulation, by-law, ordinance, policy or subordinate legislation in force from time to time in Australia, whether made by a State, Territory, the Commonwealth or local government that may apply to the Services or either party’s obligations under the Agreement.

Australian Consumer Laws (ACL)  means the Australian Consumer Laws administered by the ACCC and state and territory consumer protection agencies and is enforced by all Australian courts and tribunals, including the courts and tribunals of the States and Territories and includes provisions governing:

unfair contract terms law covering standard form consumer and small business contracts;

a national law guaranteeing consumer rights when buying goods and services;

a national product safety law and enforcement system;

a national law for unsolicited consumer agreements covering door-to-door sales and telephone sales;

simple national rules for lay-by agreements; and

penalties, enforcement powers and consumer redress options.

Carer means a suitably qualified and credentialed individual who has a Carer profile on the Platform

Carer Cancellation Fees  means an amount as set by the Kiddo Subscriber for Client’s cancelling Job Contracts.

Carer Credentials means the User must be over 18 years old and have a valid Working with Children Card.

Carer Fees means an hourly, daily or other monetary rate set by a Carer to complete Care Services payable in Australian dollars (AUD)

Care Services means any child-minding services or other approved services.

Client means a parent or guardian who has a Client profile on the Platform

Confidential Information means information of a confidential nature, including information about a party’s business, operations, strategy, policies, procedures, administration, technology, financial position, affairs, clients, customers, employees, contractors or suppliers, and the terms of the Agreement, but does not include any information in the public domain (other than through a breach of confidence).

Digital Products means any non-tangible product which can be purchased or accessed for free from the Platform.

Discloser means any individual who discloses Confidential Information

Effective Date means the date listed at the top of these Terms of Service

Fees means any Carer Fees, Service Fees, Admin Fees, Ongoing Care Search Fees, Overtime Fees, Carer Cancellation Fees, or Kiddo Cancellation Fees.

First Aid Certification means a current and valid statement of attainment in a recognized first aid training program that includes CPR, asthma and anaphylaxis training.

Force Majeure  means illness, injury, emergency, pandemic, epidemic, war, act of God, sudden event or other circumstance beyond our control.

GST means goods and services tax chargeable under A New Tax System (Goods & Services Tax) Act 1999 Cth.

Intellectual Property means all current and future registered and unregistered rights in respect of patents, copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, inventions (including patents), domain names, discoveries, data, databases, business strategies, digital products, templates, and all other rights resulting from intellectual activity, whether created before or after the Commencement Date and whether in Australia or otherwise, that is connected with the products or services of the Service Provider or is invented, created, produced and/or conceived by the Service Provider (independently or jointly with a third-party) in the course of their engagement under the Agreement.

International Card Surcharge means an additional fee payable for the processing of credit cards which are not associated with an Australian bank or credit society.

Job means the Care Services the Client wishes for a Carer to complete.

Job Contract means the confirmation from the Carer to the Client that they will complete the Job.

Kiddo Cancellation Fee means $10.00AUD

Kiddo Community Guidelines means the most current community guidelines published by Kiddo accessible via https://kiddoapp.com.au/community-guidelines/

Kiddo for Childcare means https://kiddoapp.com.au/childcare-recruitment/ facilitated by Kiddo for childcare centre operations to advertise vacancies at their centres.

Kiddo Services all services offered by Kiddo.

Kiddo Service Fee means a fee equivalent to 15% of and added to the Carer Fee, payable to Kiddo.

Kiddo Subscriber means a Carer or Client who has subscribed to Kiddo.

Last Minute Service means when a Client posts a Job within 24-hours of the start time.

Last Minute Service Fee means $20.00 AUD.

Mandatory Job Details means Full names of all parties (or suitable reference); commencement date for the Job; start time and proposed finish time; Carer’s ABN (if applicable); Carer’s Fees; and Confirmation that Kiddo will be facilitating all payments relevant to the Job. Including debiting the Client via Stripe for Carer Fees or associated Service/ Admin Fees; or issuing Tax Invoices to Clients for NDIS Care Services and related Fees.

Moral Rights means the moral rights granted under the Copyright Act 1968 (Cth) including the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship and any similar rights existing under foreign laws.

NDIS Admin Fee means a fee equivalent to 10% of the Carer Fee automatically included for all NDIS Jobs, payable to Kiddo to cover the additional administration facilitated by Kiddo for NDIS Jobs.

NDIS Care Services means Care Services provided to an NDIS Client by an eligible Carer.

NDIS Client means a parent or guardian who is authorised to book Care Services on behalf of an NDIS Participant.

NDIS Code of Conduct.  means the most current code of conduct published by the National Disability Insurance Agency accessible via https://www.ndis.gov.au/.

NDIS Participant means a child with an approved NDIS Plan.

NDIS Plan means a unique plan developed for an NDIS participant based on support needs directly related to the NDIS participant’s disability.

NDIS Price Guide means the most current price guide published by the National Disability Insurance Agency accessible via https://www.ndis.gov.au/.

Ongoing Care Arrangement means where the same Carer has been booked more than once, for a set period of time with the ability to pre-schedule Jobs up to 3 months at a time.

Ongoing Care Search Fee means $99.00AUD.

Overtime means when the Client returns home to end a Job later than scheduled.

Platform means Site, Kiddo mobile application and Kiddo social media channels.

Posted Content means any material published on the Platform.

Privacy Policy means https://www.kiddoapp.com.au/privacy.

Prohibited Entities means any Business or organisation that in any way directly or indirectly compete with the Kiddo Platform including but not limited to Childcare centre operators; Nanny agencies; Babysitting agencies and Recruiting agencies.

Recipient means the receiver of Confidential Information.

Short Notice Cancellation means a confirmed booking which is cancelled by the Client less than 7 days before its start time.

Short Notice Cancellation Claim means a claim made by a Carer to the Client for the full amount of the Carer Fees where a Carer is unable to be booked for another Job due to a Short Notice Cancellation made by the Client.

Site means https://kiddoapp.com.au/

Standard Service means any Job that does not include NDIS Care Services

Stripe means third-party payment service provider Stripe Payments Australia Pty Ltd, trading as Stripe.

Stripe Services Agreement means the Stripe Connected Account Agreement, which includes the Stripe Terms of Service.

Tax Invoice has the meaning as set out in A New Tax System (Goods & Services Tax) Act 1999 (Cth).

Terms means these Terms of Service and Kiddo Community Guidelines.

Third-Party Licensed Intellectual Property  means intellectual property owned by third parties that has been licensed to Kiddo.

Tip means a monetary amount voluntarily assigned to the Carer from a Client.

Tipping means a Client adding the Tip to the Platform when marking a Job as completed.

User means any person who accesses the Platform.

User Posted Content means Client or Carer contributions to Platform.

Working With Children Card means 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.

Written Agreement means an agreement made in writing between Carer and Client relating to Care Services.