- GENERAL
1.1 Definitions
In these Terms:
1.1.1 ACL
means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
1.1.2 Account
means a user account created by or for you via the Website, phone or other communication methods for the purpose of accessing the Services.
1.1.3 Agency Booking
means a Booking arranged, coordinated or managed by Nest Care on behalf of a Client.
1.1.4 Booking
means any booking, engagement, arrangement or placement for Services facilitated by Nest Care, whether via the Marketplace, Agency Services, phone, email or otherwise.
1.1.5 Booking Fee
means the non-refundable fee payable to Nest Care for facilitating or coordinating a Booking, as amended by Nest Care from time to time.
1.1.6 Business Days
means Monday to Friday excluding public holidays in Melbourne, Victoria.
1.1.7 Candidate
means any nanny, maternity nurse, night nurse, babysitter, consultant, au pair, healthcare worker or other care provider registered with or introduced by Nest Care.
1.1.8 Casual Booking
means a one-off or short-term Booking generally lasting up to 7 days.
1.1.9 Client
means any individual, parent, guardian, household, family, company or entity using the Services.
1.1.10 Content
means all content displayed on or available through the Website including text, graphics, branding, designs, layouts, code, software, images, videos and other material owned by or licensed to Nest Care.
1.1.11 Fees
means all fees payable to Nest Care including Booking Fees, Placement Fees, Staffing Coordination Fees, Payroll/Admin Support Fees, Marketplace Fees, Registration Fees and any other fees advised by Nest Care from time to time.
1.1.12 Marketplace
means the online booking and staffing platform operated by Nest Care through the Website.
1.1.13 Marketplace Booking
means a self-managed Booking made via the Marketplace platform without direct staffing coordination by Nest Care.
1.1.14 Material
means any information, documents, images, text, messages or other content submitted to the Website or provided to Nest Care by you.
1.1.15 Payroll/Admin Support
means optional payroll, payment processing, STP reporting, leave tracking, superannuation processing or related administrative support services provided by Nest Care.
1.1.16 Permanent Placement
means the direct long-term engagement or employment of a Candidate by a Client following introduction, referral or facilitation by Nest Care.
1.1.17 Placement Fee
means the non-refundable fee payable to Nest Care for a Permanent Placement.
1.1.18 Privacy Policy
means the Nest Care privacy policy published on the Website, as amended from time to time.
1.1.19 Related Entity
has the same meaning given in the Corporations Act 2001 (Cth).
1.1.20 Services
means all services provided or facilitated by Nest Care including:
(a) nanny placements;
(b) maternity and postnatal support;
(c) babysitting services;
(d) night nurse services;
(e) household staffing coordination;
(f) temporary care arrangements;
(g) Permanent Placements;
(h) Payroll/Admin Support;
(i) lactation, sleep and parenting consultations;
(j) Marketplace services;
(k) staffing coordination services; and
(l) any related products or services offered by Nest Care from time to time.
1.1.21 Staffing Coordination Services
means rostering, scheduling, continuity support, replacement sourcing, staffing coordination or related household staffing support services provided by Nest Care.
1.1.22 Staffing Coordination Fee
means the recurring fee payable for Staffing Coordination Services.
1.1.23 Temporary Booking
means an ongoing but non-permanent care arrangement coordinated through Nest Care.
1.1.24 Terms
means these terms and conditions, as amended from time to time.
1.1.25 Website
means:
- nestcare.com.au
- nestcare.online
and any other website, application or platform owned or operated by Nest Care.
1.1.26 Nest Care
means Nest Care Pty Ltd (ACN 619 906 795), its Related Entities, officers, employees, contractors, agents and representatives.
1.2 Application of Terms
These Terms apply to:
- use of the Website;
- use of the Marketplace;
- all Bookings;
- all Services provided or facilitated by Nest Care; and
- all interactions between Nest Care, Clients and Candidates.
1.3 Acceptance of Terms
By:
- accessing the Website;
- creating an Account;
- making a Booking;
- using the Marketplace; or
- engaging any Services,
you acknowledge that you have read, understood and accepted these Terms.
1.4 Amendments
Nest Care may amend these Terms from time to time for legal, operational, commercial or service improvement purposes.
Updated Terms may be published on the Website at any time and will take effect immediately upon publication.
Continued use of the Website or Services after publication constitutes acceptance of the amended Terms.
1.5 Nature of Services
Nest Care operates both:
(a) a self-service online Marketplace platform; and
(b) a premium agency and staffing coordination service.
Nest Care may act as:
- a platform provider;
- staffing coordinator;
- introducer;
- placement agency; or
- administrative support provider,
depending on the nature of the Booking or Services selected by the Client.
1.6 Permanent Placements
Where a Client directly engages, employs or contracts a Candidate introduced by Nest Care on an ongoing or long-term basis, a Permanent Placement will be deemed to have occurred and a Placement Fee will apply.
Placement Fees are non-refundable unless otherwise required by law.
1.7 Temporary Bookings
Temporary Bookings are intended for short-term or transitional care arrangements.
Where a Booking evolves into an ongoing structured arrangement involving regular recurring shifts, Nest Care may recommend or require transition into a Permanent Placement arrangement.
1.8 Marketplace Services
Marketplace Bookings are self-managed by Clients and Candidates.
Nest Care does not guarantee:
- availability of Candidates;
- suitability of Candidates;
- continuity of care; or
- successful outcomes arising from Marketplace interactions.
Clients remain responsible for assessing the suitability of any Candidate engaged through the Marketplace.
1.9 Agency & Coordination Services
Where Nest Care provides Agency Booking or Staffing Coordination Services, Nest Care may assist with:
- sourcing Candidates;
- rostering;
- replacement coordination;
- scheduling;
- staffing continuity; and
- related support services.
Additional Fees may apply for these services.
2. USE OF WEBSITE AND PURPOSE
2.1 Nest Care grants you a non-exclusive licence to use the Website, subject to these Terms. Nest Care may terminate this licence at any time for any reason and without prior notice to you
2.2 The purpose of the Website is to:
2.2.1 provide information about Services available from Nest Care;
2.2.2 provide information about prices of Services available at Nest Care and;
2.2.3 facilitate online and phone booking for Services.
2.3 The content of the Website is intended to provide general information only and are not to be relied on by you, or for any particular purpose.
2.4 You agree that the information set out on the Website, including the nature of the Services, the prices and availability of Nest Care Consultants may change from time to time and you will be bound by these changes from the date the changes are published on the Website or otherwise notified to you by Nest Care.
2.5 In using the Website, you warrant that you are either aged 18 years or over or possess legal parental or guardian consent and that you are fully able to enter into and abide by and comply with these Terms.
2.6 You agree that you are solely responsible for having the infrastructure and services (including hardware, software and internet connectivity) to access the Website and you assume full responsibility for any costs or charges that you incur as a result of using the Website, including any additional mobile data or other internet user charges.
2.7 Some of the Services made available by Nest Care from time to time may have specific terms and conditions which will apply to them in addition to these Terms. For example, specific terms and conditions, set out below or in any other document may apply to certain types of Bookings for Services provided by Nest Care.