1.1 Definitions

In these Terms, unless the context otherwise requires:

Agency Services

means premium or managed staffing, placement, rostering, payroll, coordination or support services provided by Nest Care.

Booking

means any booking, engagement, consultation, shift, placement, staffing arrangement or service request made through Nest Care or the Marketplace.

Booking Fee

means any administration, Marketplace, coordination or service fee charged by Nest Care in connection with a Booking.

Candidate

means any nanny, babysitter, maternity nurse, midwife, sleep consultant, newborn care specialist, au pair, carer, contractor or other service provider introduced, facilitated or displayed through Nest Care or the Marketplace.

Client

means any person, household, parent, guardian or organisation using the Services, Website or Marketplace.

Marketplace

means the online platform operated by Nest Care including:

• profile systems;
• booking systems;
• messaging systems;
• calendars;
• payment systems; and
• associated technology infrastructure.

Marketplace Fees

means fees payable for use of the Marketplace including Booking Fees, transaction fees or related platform charges.

Permanent Placement

means any direct or ongoing engagement between a Client and Candidate following introduction through Nest Care including:

• full-time arrangements;
• part-time arrangements;
• contractor arrangements; or
• recurring long-term engagements.

Placement Fee

means the fee payable to Nest Care for a Permanent Placement as published or otherwise notified by Nest Care from time to time.

Payroll/Admin Support Services

means payroll, invoicing, rostering, administrative or coordination support services provided by Nest Care.

Services

means all services provided, facilitated or offered by Nest Care including:

• Marketplace services;
• Agency Services;
• consultations;
• Bookings;
• staffing coordination;
• educational services;
• placements; and
• related support services.

Staffing Coordination Services

means ongoing scheduling, coordination, rostering, replacement sourcing, communication management or staffing support services provided by Nest Care.

Website

means:

• nestcare.com.au
• nestcare.online

and any associated applications, systems or subdomains operated by Nest Care.

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.

2.1 Licence to Use Website

Nest Care grants you a limited, non-exclusive, non-transferable and revocable licence to access and use the Website and Marketplace in accordance with these Terms.

Nest Care may suspend, restrict or terminate access to the Website, Marketplace or any Services at any time without notice where reasonably necessary for operational, legal, security or commercial reasons.

2.2 Purpose of Website

The purpose of the Website and Marketplace is to:

(a) provide information regarding Services offered or facilitated by Nest Care;

(b) facilitate Marketplace Bookings and Agency Bookings;

(c) allow Clients and Candidates to create Accounts and profiles;

(d) facilitate communication, staffing coordination and Bookings between Clients and Candidates;

(e) provide information regarding Fees, pricing structures and service availability; and

(f) provide access to Marketplace, Agency, Placement and Staffing Coordination Services.

2.3 General Information Only

The content available on the Website is provided for general informational purposes only.

While Nest Care takes reasonable care in preparing Website content, Nest Care does not warrant or guarantee that:

• information is complete, current or error free;
• all Candidates will be available;
• all Services will remain available at all times; or
• any Booking or placement outcome will meet a Client’s specific expectations or requirements.

Clients remain responsible for independently assessing the suitability of any Candidate or Service.

2.4 Changes to Services and Pricing

You acknowledge and agree that:

• Services;
• Fees;
• Booking structures;
• pricing models;
• Candidate availability;
• Marketplace functionality; and
• operational procedures

may change from time to time.

Updated information may be published on the Website or otherwise communicated by Nest Care and will take effect immediately unless otherwise stated.

2.5 Eligibility

By using the Website or Services, you warrant that:

• you are at least 18 years of age; or
• you have the consent of a parent or legal guardian; and
• you are legally capable of entering into binding agreements.

2.6 User Responsibility

You are solely responsible for:

• maintaining your own internet access, devices and software;
• ensuring the security of your Account login details;
• maintaining confidentiality of passwords and account information; and
• all activity occurring through your Account.

Any costs associated with accessing the Website, including internet or mobile data charges, are your responsibility.

2.7 Additional Terms

Certain Services may be subject to additional terms, policies or agreements including:

• Placement agreements;
• Payroll/Admin Support agreements;
• Staffing Coordination arrangements;
• Marketplace policies;
• cancellation policies; or
• specific Booking conditions.

Where applicable, those additional terms will apply in addition to these Terms.

In the event of inconsistency, the specific service terms will prevail to the extent of the inconsistency.

3.1 General Disclaimer

You acknowledge and agree that:

3.1.1

Nest Care does not provide emergency medical care or emergency medical treatment.

3.1.2

Nest Care is not a hospital or emergency healthcare service.

Certain Services may be provided by appropriately qualified healthcare practitioners, including registered nurses, registered midwives and endorsed midwives regulated by the Australian Health Practitioner Regulation Agency (AHPRA).

Only Services personally provided by an appropriately qualified and endorsed midwife may be eligible for Medicare rebates, subject to all applicable Medicare requirements and eligibility criteria.

Not all nurses, midwives or Candidates engaged through Nest Care are endorsed midwives and most Services facilitated through the Marketplace or Agency are non-medical childcare, postnatal support or household support services.

3.1.3

Any information, resources, guidance or support provided by Nest Care or Candidates is intended for general educational, parenting, childcare or support purposes only.

3.1.4

Any information provided by Nest Care does not replace professional medical advice, diagnosis or treatment from a qualified medical practitioner.

3.1.5

If you or your child:

• have a medical condition;
• require urgent care;
• experience a medical emergency; or
• require medical advice,

you must seek assistance from an appropriately qualified healthcare professional or emergency service immediately.

3.2 Client Responsibility

You acknowledge and agree that:

• you remain solely responsible for all medical, healthcare and parenting decisions relating to your child or household;
• you are responsible for determining whether the Services are appropriate for your circumstances; and
• you will provide accurate and complete information regarding any relevant medical conditions, allergies, medications or health concerns.

3.3 Health & Suitability

You acknowledge that, to the best of your knowledge:

• your child or children are generally in suitable health for the Services requested; and
• you are engaging Nest Care primarily for childcare, household support, parenting support, postnatal support or related non-medical services.

Nest Care may request additional medical information or referrals where reasonably necessary to assess the suitability or safety of the requested Services.

3.4 No Guarantees

Nest Care does not guarantee:

• specific medical outcomes;
• sleep outcomes;
• feeding outcomes;
• behavioural outcomes; or
• parenting outcomes

arising from use of the Services.

Each child, family and household situation is unique and outcomes may vary.

4.1 Booking Methods

Bookings may be made through:

• the Marketplace;
• the Website;
• phone;
• email;
• messaging platforms; or
• any other method approved by Nest Care from time to time.

Bookings may be facilitated as either:

• Marketplace Bookings; or
• Agency Bookings.

4.2 Marketplace & Online Systems

You acknowledge and agree that:

4.2.1

The Marketplace, booking systems and payment systems used by Nest Care may be hosted, operated or supported by third-party providers.

4.2.2

Nest Care does not guarantee uninterrupted access to:

• the Website;
• Marketplace;
• booking systems;
• messaging systems; or
• payment systems.

These systems may become unavailable due to:

• maintenance;
• updates;
• outages;
• security issues;
• third-party failures; or
• other events beyond Nest Care’s control.

4.2.3

Nest Care is not liable for any loss, delay or disruption arising from temporary system unavailability, technical issues or third-party provider failures.

4.2.4

Nest Care may suspend, modify or discontinue any part of the Marketplace or booking systems at any time without notice.

4.3 Booking Requests

Any request submitted by you for a Booking constitutes an offer to engage Nest Care and/or a Candidate for the requested Services.

Nest Care reserves the right to:

• accept or decline any Booking request;
• request additional information;
• suggest alternative arrangements; or
• modify Booking structures where reasonably necessary.

4.4 Booking Confirmation

A Booking is not confirmed until accepted by Nest Care.

Upon acceptance, Nest Care may provide confirmation including details such as:

• the nature of the Booking;
• Booking type;
• service dates and times;
• Candidate details (where applicable);
• Fees payable;
• staffing arrangements; and
• any additional conditions relating to the Booking.

4.5 Availability of Services

You acknowledge and agree that:

4.5.1

Not all Services, Candidates or Marketplace features will be available at all times.

4.5.2

Availability of Candidates and Services may vary depending on:

• location;
• timing;
• staffing availability;
• Client requirements; and
• operational capacity.

4.5.3

Nest Care does not guarantee:

• Candidate availability;
• continuity of a specific Candidate;
• availability of replacement staff; or
• acceptance of all Booking requests.

4.6 Temporary Bookings & Ongoing Arrangements

Temporary Bookings are intended for short-term or transitional arrangements.

Where a Client engages a Candidate on an ongoing structured basis involving recurring shifts or long-term household integration, Nest Care may:

• recommend transition into a Permanent Placement arrangement; or
• require a Permanent Placement Fee to apply.

4.7 Permanent Placements

A Permanent Placement may occur where:

• a Client directly employs or contracts a Candidate introduced by Nest Care;
• a Candidate becomes integrated into the Client’s ongoing household staffing structure; or
• Nest Care reasonably determines that an arrangement has transitioned beyond temporary staffing support.

Placement Fees are payable in accordance with Nest Care’s current pricing structure.

4.8 Refusal of Bookings

Nest Care reserves the right to refuse, suspend or cancel any Booking or Account at any time where reasonably necessary, including where:

• Fees remain unpaid;
• inappropriate conduct occurs;
• safety concerns arise;
• false or misleading information has been provided; or
• the requested Services are unsuitable or unavailable.

5.1 Fees

Fees payable to Nest Care may include:

• Booking Fees;
• Placement Fees;
• Marketplace Fees;
• Payroll/Admin Support Fees;
• Staffing Coordination Fees;
• Candidate hourly rates;
• penalty rates;
• surcharges; and
• other applicable charges advised by Nest Care from time to time.

All Fees are:

• expressed in Australian dollars; and
• inclusive of GST where applicable.

Current pricing may be published on the Website, Marketplace or otherwise advised by Nest Care.

5.2 Fee Variations

Fees may vary depending on factors including:

• the nature of the Services;
• Booking type;
• staffing complexity;
• Candidate experience, qualifications and skill set;
• location;
• shift duration;
• time of day;
• weekends;
• public holidays;
• urgency;
• staffing availability; and
• any additional coordination or support requirements.

5.3 Candidate Rates

Candidates registered with or introduced by Nest Care are generally self-employed independent contractors operating under their own ABN arrangements unless otherwise expressly stated.

Candidates may:

• set or negotiate their own hourly rates;
• maintain their own insurance;
• manage their own tax obligations; and
• operate independent businesses.

Candidate rates may vary depending on:

• qualifications;
• experience;
• demand;
• location;
• shift requirements; and
• specialist skills.

5.4 Public Holiday Rates

Bookings performed on recognised public holidays applicable in the relevant Australian state or territory will generally incur:

double time rates (200%)

for all hours worked between 12:00am and 11:59pm on the applicable public holiday.

Additional Booking Fees, Staffing Coordination Fees or surcharges may also apply on public holidays.

5.5 Payment Methods

Payments may be made via:

• Stripe;
• credit card;
• debit card;
• direct debit;
• Marketplace payment systems; or
• any other payment method approved by Nest Care from time to time.

Nest Care may require pre-authorisation or secure card storage as part of the Booking process.

5.6 Payment Timing

Unless otherwise agreed in writing:

5.6.1 Casual Bookings

Casual Bookings must be paid in full at the time of Booking.

5.6.2 Temporary Bookings

Temporary Bookings and ongoing care arrangements may be invoiced:

• weekly in advance;
• weekly in arrears; or
• via recurring payment arrangements,

as determined by Nest Care.

5.6.3 Permanent Placements

Placement Fees are payable prior to or at commencement of a Permanent Placement unless otherwise agreed by Nest Care.

5.6.4 Payroll/Admin Support & Staffing Coordination

Recurring support services may be charged weekly or monthly in advance or arrears as determined by Nest Care.

5.7 Payment Processing

Payments processed through third-party payment providers are subject to the terms and conditions of those providers.

Nest Care is not responsible for delays, processing failures or technical issues caused by third-party payment systems.

5.8 Failed Payments

If payment cannot be processed, Nest Care may:

• suspend or cancel Bookings;
• suspend Marketplace access;
• withhold Candidate details;
• refuse future Services; or
• charge outstanding amounts to an authorised payment method stored on file.

Nest Care will use reasonable efforts to notify you of failed payments where practicable.

5.9 Secure Payment Storage

You authorise Nest Care and its payment providers to securely store payment details for:

• recurring Bookings;
• outstanding invoices;
• late payment recovery;
• cancellation fees; or
• other amounts payable under these Terms.

Payment information is managed through secure third-party payment systems including Stripe.

5.10 Invoicing & Late Payments

Unless otherwise agreed:

• invoices are payable within 24 hours of issue;
• reminder notices may be issued for overdue accounts; and
• overdue accounts may incur late payment fees, administrative charges or recovery costs.

Nest Care reserves the right to suspend Services or Marketplace access where accounts remain unpaid.

5.11 Non-Refundable Fees

Unless otherwise required by law:

• Booking Fees;
• Placement Fees;
• Registration Fees;
• Marketplace Fees; and
• Staffing Coordination Fees

are non-refundable.

5.12 Pricing Errors

Nest Care reserves the right to:

• correct pricing errors;
• amend incorrectly calculated Fees;
• cancel affected Bookings; or
• issue revised invoices

where pricing or system errors occur.

5.13 Marketplace Fees

Marketplace Bookings may attract:

• job posting fees;
• booking fees;
• messaging credit fees;
• transaction fees; or
• other Marketplace-related charges

as published on the Marketplace from time to time.

6.1 Carer/Consultant Allocation

When a Booking is confirmed, Nest Care and/or the relevant Candidate may allocate time, availability and resources to fulfil the Booking.

Late cancellations, schedule changes or reductions in Services may result in financial loss, lost work opportunities or operational disruption for Nest Care and/or Candidates.

6.2 Client Cancellations

Clients may request cancellation of all or part of a Booking via:

• the Marketplace;
• email;
• phone; or
• other approved communication methods.

Unless otherwise agreed in writing, the following minimum notice periods apply:

6.2.1 Casual Bookings

At least:

24 hours notice

prior to the scheduled commencement time.

6.2.2 Temporary Bookings & Ongoing Arrangements

At least:

7 days notice

prior to the affected Booking, shift or scheduled care period.

6.2.3 Staffing Coordination Services

At least:

14 days notice

for cancellation of ongoing Staffing Coordination Services.

6.2.4 Payroll/Admin Support

At least:

14 days notice

prior to the next billing cycle.

6.3 Non-Refundable Fees

Unless otherwise required by law:

• Booking Fees;
• Marketplace Fees;
• Placement Fees;
• Staffing Coordination Fees;
• Registration Fees; and
• administrative charges

are non-refundable.

6.4 Late Cancellations

Where insufficient notice is provided, Nest Care may:

• retain some or all Fees paid;
• charge cancellation fees;
• charge the full scheduled shift amount; or
• decline future Bookings,

depending on the circumstances and operational impact.

6.5 Changes to Bookings

Requests to:

• change shift times;
• reduce hours;
• extend hours;
• change Candidates;
• alter rostering arrangements; or
• otherwise modify a Booking

must be submitted with reasonable notice.

Nest Care will use reasonable efforts to accommodate requested changes but does not guarantee availability or acceptance of requested modifications.

Additional Fees, overtime rates, surcharges or Booking Fees may apply where:

• additional staffing coordination is required;
• shifts exceed agreed durations;
• urgent changes are requested; or
• replacement staff are required.

6.6 Candidate Unavailability

Where a Candidate becomes unavailable due to:

• illness;
• emergency;
• personal circumstances;
• safety concerns; or
• other unforeseen events,

Nest Care will use reasonable efforts to source a replacement Candidate where practicable.

However, Nest Care does not guarantee replacement availability.

6.7 Replacement Staff

Where replacement staffing is requested or required:

• additional Booking Fees;
• Marketplace Fees;
• Staffing Coordination Fees; or
• revised Candidate rates

may apply.

Replacement staff may differ in:

• experience;
• qualifications;
• hourly rates; or
• availability.

6.8 Refunds & Credits

Where Nest Care is unable to provide a confirmed Service and no suitable replacement can be arranged, Nest Care may, at its discretion:

• provide a refund for unused Service fees; or
• provide an account credit for future use.

Booking Fees and administrative fees are generally non-refundable.

6.9 Limitation of Liability

Nest Care is not liable for:

• loss of income;
• inconvenience;
• indirect loss;
• consequential loss;
• staffing shortages;
• Candidate unavailability; or
• disruptions arising from cancellation, replacement staffing or inability to provide Services.

Nothing in these Terms excludes rights that cannot legally be excluded under the Australian Consumer Law.

7.1 Notification of Illness

You agree to notify Nest Care as soon as reasonably practicable if:

• your child;
• any household member; or
• any person likely to be present during the Booking

is experiencing symptoms of illness, infection or a contagious condition prior to the commencement of any in-home Service.

Relevant information may include:

• symptoms;
• diagnosis;
• exposure risks;
• contagious conditions; or
• medical advice received.

Nest Care may request additional information or medical clearance where reasonably necessary to assess safety risks.

7.2 Safety of Candidates

Nest Care reserves the right to:

• decline;
• suspend;
• cancel; or
• modify

any Booking where Nest Care reasonably believes that:

• a contagious illness may be present;
• health risks exist;
• workplace safety concerns arise; or
• the Booking may place a Candidate at unreasonable risk.

7.3 Client Responsibility

Clients remain responsible for:

• providing a reasonably safe environment for Candidates;
• disclosing known contagious illnesses or significant health risks;
• complying with public health requirements; and
• acting honestly and transparently regarding household health conditions.

Failure to disclose relevant health information may result in:

• immediate cancellation of Services;
• additional Fees;
• refusal of future Services; or
• other action reasonably required by Nest Care.

7.4 Cancellation Due to Illness

Where a Booking is cancelled due to household illness, refunds or credits will be assessed in accordance with:

• the notice provided;
• Candidate availability;
• staffing commitments;
• operational impact; and
• applicable cancellation policies.

Nest Care may:

• provide a partial refund;
• provide an account credit; or
• retain applicable Booking Fees, staffing fees or minimum shift charges.

7.5 Minimum Shift Charges

Where a Candidate has already:

• travelled to the Booking;
• reserved availability;
• declined other work; or
• commenced preparation for the Booking,

minimum shift charges or cancellation fees may apply even where a Booking is cancelled due to illness.

Applicable minimum charges may vary depending on:

• Booking type;
• shift duration;
• Candidate arrangements; and
• timing of cancellation.

7.6 Candidate Illness

Where a Candidate becomes unwell or otherwise unavailable, Nest Care will use reasonable efforts to arrange a replacement Candidate where practicable.

However, replacement availability is not guaranteed.

Additional Fees or revised Candidate rates may apply for replacement staffing arrangements.

8.1 Respectful Environment

Nest Care aims to provide a respectful, supportive and professional environment for:

• Clients;
• Candidates;
• children; and
• household members.

Clients acknowledge that Candidates may come from diverse personal, cultural and professional backgrounds and agree to treat all Candidates respectfully and professionally.

8.2 Client Conduct

Clients must ensure that their conduct, and the conduct of all household members, guests or visitors, remains:

• respectful;
• lawful;
• non-discriminatory;
• non-threatening; and
• safe

at all times during a Booking or interaction with Nest Care or a Candidate.

8.3 Unsafe or Inappropriate Behaviour

Nest Care reserves the right to:

• immediately suspend or terminate a Booking;
• remove a Candidate from the premises;
• refuse future Services; or
• terminate access to the Marketplace or Website

where a Candidate experiences or witnesses:

• unsafe behaviour;
• harassment;
• intimidation;
• discrimination;
• offensive conduct;
• unlawful activity;
• verbal abuse;
• aggressive behaviour;
• threatening behaviour; or
• violence.

Where this occurs:

• no refunds will generally be payable; and
• applicable cancellation fees or minimum shift charges may still apply.

8.4 Safe Workplace

Clients are responsible for providing a reasonably safe working environment for Candidates, including:

• safe household conditions;
• safe sleeping arrangements where applicable;
• safe access to the premises;
• reasonable hygiene standards; and
• compliance with applicable health and safety laws.

8.5 Drugs, Alcohol & Smoking

Clients must ensure Candidates are not exposed to:

• illegal drug use;
• excessive intoxication;
• unsafe smoking environments; or
• unsafe household conditions

during a Booking.

Nest Care reserves the right to immediately cancel Services where a Candidate’s safety or wellbeing may be compromised.

8.6 Mandatory Reporting

You acknowledge and agree that:

• certain Candidates;
• healthcare practitioners; and
• Nest Care personnel

may be subject to mandatory reporting obligations under applicable Australian laws relating to child safety, abuse, neglect or serious risk of harm.

Where legally required, reports may be made to relevant authorities without notice to you.

8.7 Workplace Boundaries

Candidates engaged through Nest Care are entitled to:

• reasonable professional boundaries;
• rest breaks where appropriate;
• respectful communication; and
• safe working conditions.

Clients must not pressure Candidates to perform duties outside the agreed scope of the Booking without the Candidate’s consent.

9.1 Candidate Mobile Phones

Candidates may keep their mobile phones with them during Bookings for:

• safety purposes;
• emergency communication;
• communication with Nest Care;
• rostering and scheduling purposes; and
• reasonable personal accessibility.

9.2 Professional Conduct

Candidates are expected to use mobile phones professionally and responsibly during Bookings.

Excessive personal phone use during active care duties is discouraged unless:

• reasonably necessary;
• related to safety;
• related to the Booking;
• related to communication with Nest Care; or
• required in an emergency situation.

9.3 Safety & Welfare

Clients acknowledge that allowing Candidates reasonable access to mobile communication devices forms part of Nest Care’s safety and welfare procedures, particularly for:

• overnight shifts;
• long-duration shifts;
• isolated work environments; and
• emergency situations.

10.1 Consultation Services

Nest Care and/or Candidates may provide:

• phone consultations;
• video consultations;
• sleep consultations;
• lactation consultations;
• parenting support sessions;
• virtual support services; or
• related advisory services

via:

• phone;
• Zoom;
• Google Meet;
• FaceTime;
• WhatsApp;
• Skype; or
• other communication platforms.

Consultation structures, duration and inclusions may vary depending on:

• the Candidate;
• the Service booked; and
• the support package selected.

10.2 Independent Contractors

Many consultation-based Services facilitated through the Marketplace or Agency may be provided by independent Candidates operating under their own ABN and professional arrangements.

Nest Care may act as:

• a booking facilitator;
• payment processor;
• marketplace provider; or
• staffing coordinator

depending on the nature of the Service.

10.3 Scheduling & Communication

Clients acknowledge and agree that:

10.3.1

Consultation links, contact details or meeting invitations may be sent electronically prior to the scheduled consultation time.

10.3.2

Candidates may contact Clients from:

• private numbers;
• business numbers;
• online platforms; or
• third-party communication systems.

10.3.3

Clients are responsible for:

• attending consultations on time;
• ensuring access to required technology;
• ensuring internet connectivity; and
• monitoring communication channels for meeting links or updates.

10.4 Missed Consultations

Where a Client:

• fails to attend;
• cannot be contacted;
• repeatedly disconnects; or
• is otherwise unavailable at the scheduled consultation time,

the consultation may be treated as completed and no refund may be payable.

Nest Care or the Candidate may, at their discretion, offer a rescheduled consultation.

10.5 Rescheduling

Consultations may generally be rescheduled with reasonable notice.

Late rescheduling requests may:

• incur Fees;
• be declined; or
• result in partial or full forfeiture of Fees,

depending on the circumstances and timing.

10.6 Follow-Up Support

Some consultations may include limited follow-up communication or support.

Unless otherwise expressly agreed:

• ongoing unlimited support is not included;
• excessive or unreasonable contact is not permitted; and
• additional support packages or further consultations may attract additional Fees.

10.7 No Guaranteed Outcomes

Consultation Services are advisory and support-based only.

Nest Care and Candidates do not guarantee:

• sleep outcomes;
• feeding outcomes;
• behavioural outcomes;
• parenting outcomes; or
• specific results

arising from consultation Services.

11.1 Day Shift Services

Nest Care may facilitate Day Shift Services including:

• nannying;
• babysitting;
• maternity support;
• household support;
• newborn care;
• postnatal support; and
• related care services

generally performed between:

7:00am and 7:00pm.

11.2 Shift Lengths

Minimum and maximum shift lengths may vary depending on:

• the Candidate;
• Booking type;
• location;
• staffing requirements; and
• operational considerations.

Unless otherwise agreed:

• Day Shifts generally have a minimum booking period; and
• extended shifts may attract additional rates, surcharges or overtime pricing.

11.3 Extended Hours & Overtime

Additional Fees, overtime rates or surcharges may apply where:

• shifts exceed standard agreed hours;
• shifts extend into evening or overnight periods;
• additional responsibilities are requested; or
• urgent extensions are required.

Applicable rates may vary depending on the Candidate and Booking arrangements.

11.4 Breaks & Amenities

Clients agree to provide Candidates with:

• reasonable access to bathroom facilities;
• reasonable meal and personal breaks where practicable;
• a safe and respectful working environment; and
• basic refreshments such as access to drinking water.

For extended shifts, Clients are encouraged to provide reasonable meal access or meal break opportunities where appropriate.

11.5 Safe Working Conditions

Clients must ensure that Day Shift environments are reasonably safe, hygienic and suitable for provision of the Services.

Candidates reserve the right to cease work and leave the premises where:

• unsafe conditions exist;
• health risks arise;
• aggressive behaviour occurs; or
• the working environment becomes unreasonable or unsafe.

12.1 Night Shift Services

Nest Care may facilitate overnight and Night Shift Services including:

• newborn overnight care;
• maternity and postnatal support;
• overnight nannying;
• sleep support;
• infant monitoring;
• overnight household support; and
• related overnight care services.

Night Shifts are generally performed between:

7:00pm and 7:00am

unless otherwise agreed.

12.2 Shift Lengths

Night Shift durations may vary depending on:

• the Candidate;
• Booking type;
• household requirements; and
• agreed staffing arrangements.

Unless otherwise agreed:

• Night Shifts generally have minimum booking periods; and
• extended overnight shifts may attract additional Fees, overtime rates or surcharges.

12.3 Extended Hours & Overtime

Where a Night Shift:

• exceeds agreed hours;
• continues beyond scheduled completion times; or
• extends into daytime hours,

additional Fees, overtime rates or surcharges may apply.

Where overnight care extends into daytime periods, overnight or extended-hour rates may continue to apply rather than standard daytime rates.

12.4 Daylight Savings

Where a Night Shift occurs during daylight savings transitions:

• the shift will continue according to the agreed scheduled start and finish times; and
• Fees will be calculated based on the scheduled Booking duration unless otherwise agreed.

12.5 Overnight Working Conditions

Clients acknowledge and agree that overnight Candidates:

• are engaged to provide overnight care and support;
• may rest or sleep during periods where care duties reasonably permit; and
• are not expected to remain continuously awake unless expressly agreed as part of the Booking.

12.6 Overnight Facilities

Clients agree to provide overnight Candidates with:

• a clean and reasonably comfortable place to rest;
• access to bathroom facilities;
• basic bedding or reasonable sleeping arrangements where applicable;
• reasonable meal and personal breaks where practicable; and
• access to basic refreshments including drinking water.

12.7 Handover & Completion Procedures

Clients agree to cooperate with reasonable handover and end-of-shift procedures including:

• child handover arrangements;
• overnight reporting;
• household access procedures;
• departure procedures; and
• communication regarding overnight events where reasonably required.

Specific overnight arrangements may vary between Candidates and households.

12.8 Safe Overnight Environment

Clients must ensure overnight environments are reasonably:

• safe;
• hygienic;
• secure; and
• suitable for overnight work.

Candidates reserve the right to cease Services and leave the premises where safety concerns arise or the environment becomes unsafe or unreasonable.

13.1 General Nature of Sleep Support

Nest Care may facilitate:

• sleep consultations;
• overnight sleep support;
• sleep guidance;
• settling support;
• routine development; and
• related infant sleep services

through Candidates with varying levels of experience, qualifications and methodologies.

Sleep support approaches may differ between Candidates and families.

13.2 No Guaranteed Sleep Outcomes

Clients acknowledge and agree that:

• infant sleep outcomes vary significantly between children;
• no Candidate or Service can guarantee a baby will “sleep through the night”;
• sleep development is influenced by many factors including age, temperament, feeding, health and household routines; and
• sleep support is advisory and support-based only.

Nest Care does not guarantee:

• sleep training success;
• overnight sleep outcomes;
• reduced waking;
• behavioural changes; or
• specific developmental outcomes.

13.3 Gentle Sleep Guidance

For younger infants, Candidates may utilise:

• gentle settling techniques;
• responsive care approaches;
• routine guidance; or
• age-appropriate sleep support

rather than formal sleep training methodologies.

Sleep approaches may vary depending on:

• the Candidate;
• infant age;
• parental preferences; and
• the needs of the child.

13.4 Intensive Sleep Support

Where Clients request intensive or structured sleep support, Nest Care may recommend:

• recurring overnight Bookings;
• Temporary Bookings;
• live-in arrangements;
• daytime observation support;
• multiple consecutive nights of care; or
• extended support packages.

Additional Fees or specialist Candidate rates may apply for intensive sleep support arrangements.

13.5 Client Participation

Clients acknowledge that successful sleep support often requires:

• household consistency;
• parental participation;
• implementation of agreed routines;
• ongoing follow-through; and
• reasonable time for adjustment.

Sleep support outcomes may be impacted where routines or recommendations are not consistently followed.

13.6 Medical & Developmental Considerations

Sleep-related concerns may sometimes involve:

• medical issues;
• feeding issues;
• reflux;
• developmental factors; or
• other health conditions.

Clients remain responsible for seeking appropriate medical advice where required.

Nest Care or Candidates may recommend referral to an appropriately qualified healthcare professional where concerns fall outside the scope of general sleep support services.

14.1 Live-In & Travel Arrangements

Nest Care may facilitate:

• live-in nannying;
• live-in maternity support;
• holiday support;
• travel nanny arrangements;
• overseas support arrangements; and
• extended in-home care arrangements

where a Candidate resides with, travels with or remains onsite with the Client for an extended period.

Specific arrangements may vary depending on:

• the Candidate;
• household requirements;
• travel requirements;
• destination; and
• agreed support structure.

14.2 Working Hours & On-Call Periods

Live-in and travel arrangements may involve a combination of:

• active care duties;
• passive/on-call support;
• overnight availability;
• travel time; and
• scheduled personal time.

Applicable rates, surcharges and Fees may vary depending on:

• total hours required;
• overnight responsibilities;
• level of supervision required;
• travel obligations;
• location; and
• complexity of care arrangements.

Extended hours, excessive on-call requirements or materially increased duties may attract additional Fees or surcharges.

14.3 Accommodation Requirements

Clients agree to provide Candidates with:

• safe and private sleeping arrangements;
• clean and reasonably comfortable accommodation;
• appropriate bathroom access;
• reasonable personal privacy; and
• a safe and respectful environment.

Where accommodation arrangements are unsuitable, unsafe or unreasonable, Candidates may decline or cease the Booking.

14.4 Meals & Basic Amenities

For live-in or travel-based arrangements, Clients agree to provide Candidates with either:

• reasonable meals; or
• a reasonable meal allowance,

together with:

• access to drinking water;
• reasonable bathroom facilities;
• reasonable breaks; and
• basic household amenities.

14.5 Time Off & Personal Breaks

Clients acknowledge that Candidates are entitled to:

• reasonable personal time;
• meal breaks;
• overnight rest periods where applicable; and
• reasonable boundaries between working and non-working hours.

Candidates are not considered to be continuously working solely because they are residing onsite during a Booking.

14.6 Travel Costs & Expenses

Unless otherwise agreed in writing, Clients may be responsible for reasonable costs associated with:

• flights;
• accommodation;
• transport;
• parking;
• travel-related expenses;
• visas;
• meal allowances; or
• other travel costs

connected with live-in or travel-based Bookings.

14.7 International & Interstate Travel

For interstate or international travel arrangements:

• additional Fees;
• travel surcharges;
• insurance requirements;
• scheduling conditions; and
• separate agreements

may apply.

Clients remain responsible for ensuring all necessary travel documentation, approvals and legal requirements are satisfied.

15.1 Antenatal Bookings

Clients may place Bookings prior to the birth of their baby for:

• postnatal support;
• overnight care;
• maternity support;
• newborn care;
• lactation support; or
• related Services.

Due to the unpredictable nature of pregnancy, labour and birth, all antenatal Bookings remain subject to:

• Candidate availability;
• scheduling changes;
• labour timing;
• hospital admissions; and
• operational capacity.

15.2 Early Arrivals

Where a baby arrives earlier than expected, Nest Care will use reasonable efforts to:

• provide the originally requested Candidate; or
• source an alternative Candidate where available.

However, Nest Care does not guarantee:

• Candidate availability;
• replacement availability; or
• immediate commencement of Services.

15.3 Delayed Births or Extended Hospital Stay

Where:

• labour is delayed;
• birth occurs later than expected; or
• hospital admission extends beyond anticipated timeframes,

Clients may request:

• delayed commencement of Services;
• amended Booking dates; or
• temporary on-call arrangements,

subject to Candidate availability and operational feasibility.

15.4 On-Call Arrangements

Where a Candidate is requested to remain on-call or reserve availability pending birth or discharge timing:

• holding fees;
• partial shift fees;
• on-call charges; or
• staffing reservation Fees

may apply.

Applicable rates will depend on:

• the Candidate;
• duration of reservation;
• exclusivity requirements; and
• operational impact.

15.5 Delayed Commencement Requests

Where Clients request delayed commencement of a Booking:

• reasonable notice should be provided where possible; and
• Nest Care will use reasonable efforts to accommodate revised dates.

However, Clients acknowledge that:

• original Candidates may no longer be available;
• replacement Candidates may differ in qualifications, rates or availability; and
• delayed commencement may impact pricing and staffing arrangements.

15.6 No Guarantee of Availability

Nest Care does not guarantee:

• continued availability of any specific Candidate;
• uninterrupted care arrangements;
• replacement staffing; or
• availability following changes to anticipated birth timing.

Nest Care will not be liable for loss arising from scheduling changes caused by:

• labour timing;
• medical complications;
• delayed discharge;
• Candidate availability changes; or
• circumstances beyond Nest Care’s reasonable control.

16.1 Educational Services

Nest Care may provide or facilitate:

• parenting classes;
• antenatal education;
• postnatal education;
• newborn care classes;
• sleep and routine workshops;
• lactation education;
• group sessions;
• online webinars; and
• related educational or support services.

Educational Services may be delivered:

• privately;
• in group settings;
• online;
• in person; or
• via third-party platforms.

16.2 Educational Content

Educational Services are provided for:

• general educational purposes;
• parenting support; and
• informational guidance only.

Educational content does not replace:

• medical advice;
• healthcare treatment;
• psychological advice; or
• professional diagnosis.

Clients remain responsible for seeking appropriate professional advice where required.

16.3 Bookings & Payments

Fees for classes, courses or educational Services:

• must generally be paid in advance; and
• may vary depending on the format, presenter, duration or inclusions of the Service.

Nest Care reserves the right to:

• limit participant numbers;
• change presenters;
• reschedule sessions;
• substitute delivery platforms; or
• modify course structures where reasonably necessary.

16.4 Online Delivery

Where Educational Services are delivered online:

• Clients are responsible for internet access and technology requirements;
• access links may be provided electronically; and
• recording, redistribution or unauthorised sharing of class content is prohibited unless expressly authorised by Nest Care.

16.5 Cancellations & Refunds

Unless otherwise stated:

• cancellations made more than 7 days prior to the scheduled commencement date may be eligible for a refund or credit; and
• cancellations made within 7 days of commencement may be non-refundable.

Booking Fees and administrative charges may remain payable.

Nest Care reserves the right to determine refund eligibility having regard to:

• notice provided;
• operational costs;
• venue commitments;
• presenter availability; and
• administrative expenses.

16.6 Intellectual Property

All course materials, educational resources, recordings, templates and related content remain the intellectual property of Nest Care or the relevant presenter unless otherwise stated.

Clients must not:

• reproduce;
• distribute;
• resell;
• record; or
• commercially use

Educational Service materials without prior written consent.

18.1 Client Concerns

If you have any concerns, issues or complaints relating to:

• a Candidate;
• a Booking;
• Marketplace interactions;
• Staffing Coordination Services; or
• Services provided through Nest Care,

you may contact Nest Care via:

hello@nestcare.com.au

Nest Care may also provide additional communication methods through the Website or Marketplace from time to time.

18.2 Response Process

Nest Care will use reasonable efforts to:

• review communications received;
• investigate concerns where appropriate; and
• respond within a reasonable timeframe.

Resolution processes may vary depending on:

• the nature of the concern;
• urgency;
• Candidate availability;
• evidence provided; and
• operational circumstances.

18.3 Emergencies

Nest Care is not an emergency service.

In the event of:

• a medical emergency;
• immediate safety concern;
• criminal activity; or
• urgent child welfare concern,

Clients must contact the relevant emergency services (e.g. 000) or appropriate authorities immediately.

19.1 Account Types

Nest Care operates:

• a self-service Marketplace platform; and
• a managed Agency and Staffing Coordination service.

Accounts may therefore be created and operated as either:

• self-managed Marketplace Accounts; or
• Agency Managed Accounts.

19.2 Marketplace Accounts

Marketplace users may:

• create Accounts directly;
• manage their own Bookings;
• communicate directly with Candidates;
• manage payment methods; and
• independently use Marketplace features.

Clients and Candidates are responsible for maintaining accurate and current information within their Marketplace Accounts.

19.3 Agency Managed Accounts

As part of Agency Services, Nest Care may create, access and manage Accounts on behalf of Clients or Candidates for purposes including:

• profile creation;
• Booking management;
• rostering;
• calendar management;
• payment processing;
• staffing coordination;
• Candidate sourcing;
• communication facilitation; and
• administrative support.

Agency Managed Accounts may be operated by Nest Care on behalf of a Client even where the Client does not directly access the Marketplace platform.

19.4 Transition of Account Management

Nest Care may, at its discretion, provide Clients with direct access to previously Agency Managed Accounts where:

• Staffing Coordination Services conclude;
• a Permanent Placement occurs;
• the Client elects to self-manage future arrangements; or
• operational circumstances change.

Clients acknowledge that:

• Marketplace Accounts and associated booking history may continue to exist following transition; and
• Marketplace or Booking Fees may continue to apply for future Marketplace use.

19.5 Information Provided

Clients and Candidates may be required to provide:

• full name;
• address;
• phone number;
• email address;
• payment information;
• identification documents;
• qualifications;
• working rights documentation; or
• other information reasonably requested by Nest Care.

You warrant that all information provided is:

• accurate;
• current;
• complete; and
• not misleading.

19.6 Identity Verification

Nest Care may request identity verification documents or additional information for:

• safety purposes;
• fraud prevention;
• payment verification;
• Candidate verification;
• legal compliance; or
• platform integrity purposes.

Failure to provide requested information may result in:

• restricted access;
• delayed Services;
• Booking cancellation; or
• Account suspension.

19.7 Communication Preferences

By using the Marketplace or Services, you consent to receiving:

• Booking notifications;
• payment notifications;
• operational communications;
• safety notices;
• scheduling updates; and
• Marketplace-related communications.

Marketing communications may be opted out of in accordance with applicable privacy laws.

19.8 Account Security

You are responsible for:

• maintaining confidentiality of Account details;
• restricting access to your Account;
• ensuring payment information remains current; and
• notifying Nest Care of any suspected unauthorised access or misuse.

Nest Care is not responsible for losses arising from:

• compromised passwords;
• unauthorised Account access; or
• user failure to maintain Account security.

19.9 Marketplace Conduct

Users of the Marketplace must not:

• provide false or misleading information;
• impersonate another person;
• misuse the platform;
• engage in unlawful conduct;
• harass or abuse other users;
• upload offensive or unlawful material;
• interfere with Marketplace functionality; or
• intentionally circumvent Fees payable to Nest Care.

Nest Care reserves the right to:

• remove content;
• restrict functionality;
• suspend Accounts;
• terminate Marketplace access; or
• refuse Services

where misuse or inappropriate conduct is reasonably suspected.

19.10 Candidate Introductions & Direct Engagement

Candidates introduced through:

• the Marketplace;
• Agency Services;
• Staffing Coordination Services; or
• any Nest Care communication channel

are considered introduced by Nest Care for the purposes of these Terms.

Where a Client:

• directly engages;
• employs;
• contracts; or
• otherwise retains

a Candidate introduced through Nest Care, a Permanent Placement may be deemed to have occurred and Placement Fees may apply.

19.11 Circumvention of Fees

Clients and Candidates agree not to intentionally structure arrangements for the purpose of avoiding:

• Booking Fees;
• Marketplace Fees;
• Placement Fees;
• Staffing Coordination Fees; or
• other Fees payable to Nest Care.

Nest Care reserves the right to invoice applicable Fees where it reasonably determines that:

• a direct engagement;
• ongoing arrangement; or
• off-platform relationship

has arisen following introduction through Nest Care.

19.12 Platform Availability

Nest Care does not guarantee uninterrupted access to:

• the Website;
• Marketplace;
• payment systems;
• messaging systems; or
• online booking functionality.

Temporary interruptions may occur due to:

• maintenance;
• updates;
• outages;
• third-party failures;
• security events; or
• operational requirements.

19.13 Suspension & Termination

Nest Care may suspend, restrict or terminate:

• Accounts;
• Marketplace access;
• Agency Managed Accounts; or
• Services

where:

• these Terms are breached;
• Fees remain unpaid;
• fraudulent conduct is suspected;
• safety concerns arise; or
• platform misuse occurs.

Nest Care may take such action with or without notice where reasonably necessary.

17.1 If you hire Products from Nest Care, you agree:

17.1.1 To use the Products only for the purpose for which they are intended to be used and to keep the Products free from misuse, damage, contamination and pets or animals of any kind at all times;

17.1.2 To pay to Nest Care, the Fees associated with the hire of the Products for the Hire Period, together with any delivery/collection fees and any additional charges for cleaning, repairs or replacement;

17.1.3 To return or, if agreed by Nest Care, allow collection of the Products on the agreed return date in clean and useable condition. You acknowledge and agree that if you fail to return the Products, or if when you return the Products, cleaning or repairs or replacement is required, Nest Care may debit your credit card for to cover the cost of all such cleaning, repairs and replacement expenses; and

17.1.4 To comply with any other terms and conditions specified by Nest Care in relation to the hire of the Products from time to time.

20.1 Candidate Introductions

Nest Care invests significant time, resources and operational infrastructure into:

• sourcing Candidates;
• screening Candidates;
• onboarding;
• profile creation;
• Marketplace infrastructure;
• staffing coordination;
• rostering;
• Client introductions; and
• ongoing support services.

Clients acknowledge that Candidate introductions facilitated through:

• the Marketplace;
• Agency Services;
• Staffing Coordination Services; or
• direct referrals

constitute valuable business introductions provided by Nest Care.

20.2 Independent Candidates

Many Candidates facilitated through Nest Care operate as independent contractors under their own ABN arrangements and may:

• maintain their own insurance;
• determine their own availability;
• set their own rates; and
• manage their own taxation obligations.

Where Nest Care provides Staffing Coordination, Payroll/Admin Support or Agency Services, Nest Care may additionally provide administrative or operational support relating to those arrangements.

20.3 Permanent Placements

Where a Client:

• directly employs;
• contracts;
• engages; or
• otherwise retains

a Candidate introduced through Nest Care on an ongoing or long-term basis, a Permanent Placement will be deemed to have occurred.

Permanent Placement arrangements may include:

• full-time employment;
• part-time employment;
• contractor arrangements;
• direct household engagement;
• nanny placements;
• maternity support arrangements; or
• ongoing recurring care arrangements.

20.4 Placement Fee Structure

Permanent Placement arrangements may attract:

• a non-refundable Search & Engagement Fee; and
• a Placement Completion Fee,

together comprising the total Placement Fee published by Nest Care at the relevant time.

Unless otherwise agreed in writing:

• the Search & Engagement Fee is payable upfront prior to commencement of Candidate sourcing; and
• the Placement Completion Fee becomes payable immediately upon successful placement or direct engagement of a Candidate.

Placement Fees are non-refundable unless otherwise required by law.

20.5 Candidate Presentation Process

Nest Care will use reasonable efforts to source Candidates reasonably suited to the Client’s requested role requirements.

Clients acknowledge and agree that:

• Candidate availability may vary;
• not all requested criteria may be achievable;
• Candidate sourcing is not guaranteed; and
• Nest Care is not obligated to provide unlimited Candidate options.

Where Nest Care presents up to three reasonably suitable Candidates matching the general requested role requirements, Nest Care may consider its Candidate search obligations fulfilled.

20.6 Client Participation & Good Faith

Clients agree to:

• participate in the placement process reasonably and in good faith;
• provide accurate role requirements;
• respond to Candidates and Nest Care within reasonable timeframes; and
• avoid unnecessary delays or unreasonable rejection of Candidates.

Where:

• role requirements materially change;
• delays become excessive; or
• Candidate rejection becomes unreasonable,

Nest Care may:

• suspend the placement process;
• revise Fees;
• require additional search Fees; or
• terminate the placement engagement.

20.7 Circumvention of Fees

Clients and Candidates agree not to intentionally:

• avoid;
• circumvent; or
• structure arrangements to avoid

Fees payable to Nest Care including:

• Booking Fees;
• Marketplace Fees;
• Placement Fees; or
• Staffing Coordination Fees.

Examples of prohibited conduct include:

• arranging off-platform payments;
• undisclosed direct engagement following introduction;
• hidden long-term arrangements; or
• attempts to bypass Nest Care systems or Services.

20.8 Direct Engagement Following Introduction

Where a Client directly engages a Candidate introduced through:

• the Marketplace;
• Agency Services;
• Staffing Coordination Services; or
• any Nest Care communication channel,

a Permanent Placement may be deemed to have occurred and applicable Placement Fees may apply.

Placement Fees may apply where direct engagement occurs:

• during an active Booking;
• following temporary care arrangements;
• following consultation Services; or
• within 12 months of introduction through Nest Care.

20.9 Direct Engagement Options

Nest Care may, at its discretion, offer Clients the option to:

• transition Candidates into Permanent Placement arrangements;
• self-manage Candidates directly;
• obtain Payroll/Admin Support Services; or
• continue ongoing Staffing Coordination Services.

Applicable Fees will depend on the structure selected by the Client.

20.10 No Employment Relationship

Unless expressly stated otherwise in writing:

• Candidates are not employees of Nest Care;
• Nest Care does not guarantee ongoing Candidate availability; and
• Clients remain responsible for complying with any legal obligations arising from direct employment or engagement arrangements following Permanent Placement.

Clients are encouraged to obtain independent legal, payroll or employment advice where required.

20.11 Rights Reserved

Nest Care reserves the right to:

• invoice Placement Fees;
• suspend Marketplace access;
• terminate Services; or
• pursue recovery of unpaid Fees

where Nest Care reasonably believes a Client or Candidate has breached this clause

21.1 Ownership of Intellectual Property

All intellectual property rights relating to:

• the Website;
• Marketplace;
• Nest Care branding;
• logos;
• graphics;
• software;
• booking systems;
• workflows;
• educational materials;
• templates;
• text;
• videos;
• downloadable resources;
• designs;
• databases; and
• other Content

are owned by or licensed to Nest Care and are protected under applicable intellectual property laws.

This includes intellectual property associated with:

• nestcare.com.au
• nestcare.online
  and associated Marketplace or Agency systems.

21.2 Permitted Use

Nest Care grants you a limited, non-exclusive, revocable licence to:

• access the Website;
• use the Marketplace;
• view Content; and
• use Services

for personal, lawful and non-commercial purposes only.

This licence does not transfer ownership of any intellectual property rights.

21.3 Prohibited Use

Unless expressly authorised in writing by Nest Care, you must not:

• copy;
• reproduce;
• modify;
• republish;
• distribute;
• commercialise;
• scrape;
• reverse engineer;
• sell;
• licence;
• create derivative works from; or
• otherwise exploit

any:

• Content;
• educational materials;
• software;
• Marketplace systems;
• branding;
• Candidate databases;
• workflows; or
• intellectual property

owned by or licensed to Nest Care.

21.4 Marketplace & Candidate Data

Clients and Candidates acknowledge that:

• Candidate databases;
• profile structures;
• Marketplace systems;
• workflows;
• rostering systems;
• booking structures; and
• operational methodologies

form part of Nest Care’s confidential business systems and intellectual property.

Access to Candidates through the Marketplace or Agency Services does not grant ownership rights over Nest Care systems, databases or operational infrastructure.

21.5 User Content

Where you upload or submit content to the Marketplace or Website including:

• reviews;
• profile information;
• messages;
• photos;
• documents; or
• feedback,

you grant Nest Care a non-exclusive, royalty-free licence to:

• store;
• reproduce;
• display;
• use; and
• process

that content for the purpose of operating the Marketplace and Services.

You warrant that you have the legal right to provide such content.

21.6 Trade Marks & Branding

Nest Care names, logos, branding and associated trade marks may not be used without prior written consent.

Nothing in these Terms grants any right to use:

• Nest Care branding;
• trade marks;
• business names; or
• associated intellectual property

except as expressly permitted by these Terms.

21.7 Enforcement

Nest Care reserves all rights relating to its intellectual property and may take legal action where unauthorised use, reproduction, misuse or infringement occurs

22.1 Platform Availability

Nest Care will use reasonable efforts to maintain availability of:

• the Website;
• Marketplace;
• booking systems;
• payment systems;
• messaging systems; and
• associated Services.

However, Nest Care does not guarantee uninterrupted, continuous or error-free access to any platform, system or Service.

22.2 Interruptions & Downtime

Access to the Website, Marketplace or Services may be:

• suspended;
• restricted;
• delayed; or
• temporarily unavailable

due to:

• maintenance;
• software updates;
• security measures;
• technical failures;
• internet outages;
• third-party provider issues;
• system capacity limitations; or
• events beyond Nest Care’s reasonable control.

Such interruptions may occur with or without prior notice.

22.3 Third-Party Systems

Nest Care relies on third-party providers for certain services including:

• payment processing;
• hosting;
• messaging;
• video conferencing;
• cloud infrastructure; and
• booking functionality.

Nest Care is not responsible for outages, interruptions or failures caused by third-party systems or providers.

22.4 No Liability for Downtime

To the maximum extent permitted by law, Nest Care will not be liable for:

• loss of data;
• missed Bookings;
• loss of income;
• service interruptions;
• delayed communications;
• payment failures; or
• other loss arising from temporary unavailability of the Website, Marketplace or related systems.

Nothing in these Terms excludes rights that cannot legally be excluded under the Australian Consumer Law.

22.5 Modifications to Platform

Nest Care reserves the right to:

• modify;
• update;
• discontinue;
• remove; or
• restrict access to

any part of the Website, Marketplace or Services at any time where reasonably necessary for operational, legal, commercial or security reasons.

23.1 Changes to Platform & Services

Nest Care reserves the right at any time to:

• modify the Website or Marketplace;
• change layouts, branding, design or functionality;
• add, remove or amend features;
• introduce new Services;
• discontinue Services;
• modify pricing structures;
• change Booking processes;
• alter Marketplace functionality; or
• update operational procedures.

Such changes may occur temporarily or permanently.

23.2 Service Availability

Nest Care does not guarantee the ongoing availability of:

• any specific Service;
• any specific Candidate;
• any Marketplace feature;
• any pricing structure; or
• any operational model.

Services, pricing and platform functionality may evolve over time as Nest Care develops and expands its operations.

23.3 Marketplace & Technology Development

Clients and Candidates acknowledge that:

• the Marketplace may continue to evolve;
• features may be added, removed or modified;
• workflows and booking structures may change; and
• platform functionality may be updated from time to time.

Nest Care may test, trial or discontinue features without prior notice where reasonably necessary.

23.4 Pricing Changes

Nest Care reserves the right to:

• change Fees;
• introduce new charges;
• amend Marketplace pricing;
• revise Placement Fees;
• revise Booking Fees; or
• alter subscription or support pricing

at any time.

Updated pricing will generally apply prospectively to future Services or Bookings unless otherwise stated.

23.5 No Compensation for Platform Changes

To the maximum extent permitted by law, Clients and Candidates are not entitled to compensation, damages or loss claims arising from:

• platform modifications;
• discontinued features;
• Service changes;
• pricing changes;
• Marketplace updates; or
• operational restructuring.

Where Nest Care cancels a prepaid Booking or prepaid Service directly due to discontinuation of that Service, Nest Care may provide:

• a refund;
• account credit; or
• alternative arrangement,

at its discretion and subject to applicable law.

23.6 Continued Use

Continued use of the Website, Marketplace or Services following updates or changes constitutes acceptance of those changes.

24.1 User Content

Users may submit, upload or transmit content through the Website or Marketplace including:

• profile information;
• messages;
• reviews;
• photographs;
• documents;
• job postings;
• testimonials;
• feedback; or
• other materials (“User Content”).

Other than personal information handled in accordance with Nest Care’s Privacy Policy, User Content may be stored, processed and displayed as part of the operation of the Marketplace and Services.

24.2 User Warranties

By submitting User Content, you warrant that:

• you own or have the legal right to use and submit the User Content;
• the User Content is accurate and not misleading;
• the User Content does not infringe any third-party rights;
• the User Content complies with applicable laws; and
• the User Content does not contain unlawful, offensive or harmful material.

24.3 Prohibited Content

Users must not upload, transmit, post or distribute any material that:

• is false or misleading;
• is threatening, abusive or defamatory;
• is discriminatory or hateful;
• is obscene, pornographic or offensive;
• breaches privacy or confidentiality obligations;
• infringes intellectual property rights;
• promotes unlawful conduct;
• contains malicious software or harmful code; or
• may damage, disrupt or interfere with the Website, Marketplace or Services.

24.4 Use of User Content

You grant Nest Care a non-exclusive, worldwide, royalty-free licence to:

• store;
• reproduce;
• display;
• publish;
• modify;
• distribute; and
• otherwise use

User Content for purposes connected with:

• operation of the Marketplace;
• provision of Services;
• promotional activities;
• safety and moderation;
• dispute resolution; and
• improvement of platform functionality.

This licence continues for so long as reasonably necessary for operation of the Services or compliance purposes.

24.5 Removal of Content

Nest Care reserves the right to:

• review;
• moderate;
• refuse;
• edit; or
• remove

User Content at any time without notice where Nest Care reasonably believes the content:

• breaches these Terms;
• creates legal or safety risks;
• is inappropriate; or
• may adversely impact the Marketplace or Services.

24.6 No Endorsement

Nest Care does not endorse:

• User Content;
• reviews;
• Candidate statements;
• Client statements; or
• opinions expressed through the Marketplace.

Users remain solely responsible for their own communications and content.

24.7 Platform Misuse

Users must not:

• misuse the Website or Marketplace;
• interfere with platform functionality;
• attempt unauthorised access;
• scrape data;
• harvest user information;
• use bots or automated systems without permission;
• upload malicious code;
• interfere with payment systems; or
• attempt to circumvent Marketplace systems or Fees.

24.8 Cooperation With Authorities

Nest Care may cooperate with:

• law enforcement agencies;
• regulators;
• courts; or
• government authorities

where legally required or where reasonably necessary in relation to:

• unlawful conduct;
• safety concerns;
• fraud;
• child safety matters; or
• breaches of these Terms.

24.9 Indemnity

You are responsible for any loss, damage, liability, claim or expense arising from:

• your User Content;
• your conduct;
• misuse of the Marketplace; or
• breach of these Terms.

You agree to indemnify Nest Care and its officers, employees, contractors and related entities against claims, losses, damages, liabilities and expenses arising from such conduct, except to the extent caused by Nest Care’s own negligence or unlawful conduct.

24.10 No Liability for User Conduct

To the maximum extent permitted by law, Nest Care is not responsible for:

• User Content;
• user behaviour;
• off-platform conduct;
• communications between users; or
• disputes arising between Clients and Candidates.

25.1 Use of Cookies

The Website and Marketplace may use:

• cookies;
• tracking technologies;
• analytics tools; and
• similar technologies

to improve functionality, security and user experience.

A cookie is a small text file stored on your device when you access a website.

Cookies may be used to:

• remember user preferences;
• maintain login sessions;
• improve Website performance;
• analyse Marketplace usage;
• assist with security and fraud prevention; and
• support payment or booking functionality.

25.2 Information Collected

Nest Care or its third-party providers may collect information including:

• IP address;
• browser type;
• device information;
• operating system;
• pages visited;
• booking activity;
• referral sources;
• date and time of access;
• usage behaviour; and
• interaction with Website features.

Some information collected may be aggregated or anonymised for analytical and operational purposes.

25.3 Analytics & Third-Party Services

Nest Care may use third-party services including:

• analytics providers;
• advertising services;
• payment providers;
• hosting providers; or
• Marketplace infrastructure providers

which may also use cookies or tracking technologies.

Use of such services may be subject to the terms and privacy policies of those third parties.

25.4 Disabling Cookies

Most web browsers allow users to:

• block cookies;
• delete cookies; or
• modify cookie preferences.

Disabling cookies may affect:

• Website functionality;
• Marketplace access;
• login functionality;
• payment processing; or
• booking functionality.

25.5 Consent

By continuing to use the Website or Marketplace, you consent to the use of cookies and related technologies in accordance with these Terms and Nest Care’s Privacy Policy

26.1 Information & Service Disclaimer

Nest Care uses reasonable efforts to ensure that information provided through:

• the Website;
• Marketplace;
• Agency Services;
• educational materials;
• Candidate profiles; and
• communications

is accurate and current at the time of publication.

However, Nest Care does not warrant or guarantee that any information is:

• accurate;
• complete;
• current;
• reliable;
• suitable for a particular purpose; or
• free from errors or omissions.

Information, pricing, Candidate availability and Service descriptions may change from time to time without notice.

26.2 No Professional Advice

Unless expressly stated otherwise:

• information provided through the Website or Marketplace;
• educational materials;
• Candidate communications; and
• general guidance provided through Services

is intended for general informational, educational or support purposes only.

Such information does not constitute:

• medical advice;
• legal advice;
• financial advice;
• psychological advice;
• employment advice; or
• other professional advice.

Clients remain responsible for obtaining independent professional advice where required.

26.3 Candidate Services

Nest Care facilitates introductions, Bookings and staffing arrangements between Clients and Candidates.

Nest Care does not guarantee:

• compatibility between Clients and Candidates;
• specific childcare outcomes;
• parenting outcomes;
• sleep outcomes;
• Candidate availability; or
• uninterrupted continuity of care.

26.4 Third-Party Platforms & Providers

Nest Care may rely on third-party providers for:

• payment processing;
• cloud hosting;
• messaging systems;
• booking systems;
• video conferencing; and
• Marketplace infrastructure.

Nest Care is not responsible for errors, outages or failures caused by third-party systems or providers.

26.5 Use at Your Own Risk

To the maximum extent permitted by law, use of:

• the Website;
• Marketplace;
• Candidate Services;
• educational materials; and
• related systems

is at your own risk.

Clients remain responsible for:

• assessing Candidate suitability;
• supervising children where appropriate;
• making parenting and healthcare decisions; and
• determining whether Services are appropriate for their household.

26.6 Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot legally be excluded under the Australian Consumer Law or other applicable legislation.

27.1 Use at Your Own Risk

To the maximum extent permitted by law, use of:

• the Website;
• Marketplace;
• booking systems;
• messaging systems;
• educational materials;
• Agency Services; and
• Candidate Services

is at your own risk.

Clients remain responsible for:

• assessing Candidate suitability;
• supervising children where appropriate;
• making parenting and healthcare decisions; and
• determining whether Services are appropriate for their household.

27.2 No Guarantees or Warranties

Except as required by law, Nest Care excludes all representations, warranties and guarantees, whether express or implied, relating to:

• the Website;
• Marketplace;
• Candidate availability;
• Service outcomes;
• platform functionality;
• compatibility between users; or
• uninterrupted access to Services.

This includes warranties or conditions that may otherwise be implied by:

• custom;
• general law; or
• statute,

except where such warranties cannot legally be excluded under the Australian Consumer Law (“ACL”).

27.3 Candidate Relationships

Clients acknowledge that many Candidates facilitated through Nest Care operate as independent contractors under their own ABN arrangements.

To the maximum extent permitted by law, Nest Care is not liable for:

• acts or omissions of Candidates;
• conduct of Clients;
• off-platform interactions;
• employment-related obligations arising after direct engagement;
• disputes between users; or
• decisions made by Clients or Candidates following introduction through Nest Care.

27.4 Exclusion of Liability

To the maximum extent permitted by law, Nest Care is not liable for any:

• indirect loss;
• consequential loss;
• loss of income;
• loss of profits;
• loss of goodwill;
• loss of opportunity;
• emotional distress;
• service interruption;
• data loss; or
• reputational damage

arising from or connected with:

• use of the Website or Marketplace;
• Booking cancellations;
• Candidate unavailability;
• platform outages;
• payment failures;
• staffing shortages;
• scheduling changes;
• communication failures;
• third-party systems;
• security breaches;
• viruses or malicious software; or
• events beyond Nest Care’s reasonable control.

27.5 Events Beyond Reasonable Control

Nest Care will not be liable for delay, disruption or failure to provide Services resulting from events beyond its reasonable control including:

• illness;
• accidents;
• traffic delays;
• Candidate emergencies;
• internet outages;
• weather events;
• industrial disputes;
• natural disasters;
• government actions;
• pandemics;
• terrorism;
• civil unrest; or
• third-party provider failures.

27.6 Limitation of Remedies

Where liability cannot legally be excluded, Nest Care’s liability is limited, at Nest Care’s option, to:

• resupply of the relevant Services; or
• refund of the amount paid for the relevant Services.

To the maximum extent permitted by law, Nest Care’s total aggregate liability relating to any Booking or Service will not exceed the amount paid by the Client to Nest Care for that specific Booking or Service.

27.7 Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot legally be excluded under the Australian Consumer Law or other applicable legislation.

28.1 Release

To the maximum extent permitted by law, you release and discharge Nest Care and its officers, employees, contractors, related entities and agents from claims, liabilities, losses, damages, costs or expenses arising from or connected with:

• your use of the Website or Marketplace;
• your use of the Services;
• Candidate interactions;
• Booking arrangements;
• Marketplace communications;
• platform functionality;
• User Content; or
• third-party conduct,

except to the extent caused by Nest Care’s own negligence, fraud or unlawful conduct.

28.2 User Responsibility

You acknowledge and agree that:

• use of the Marketplace and Services is undertaken at your own risk;
• you remain responsible for decisions made regarding Candidates and Bookings; and
• Nest Care acts primarily as a facilitator, coordinator or service provider depending on the nature of the arrangement.

28.3 Indemnity

You agree to indemnify and hold harmless Nest Care and its officers, employees, contractors, agents and related entities from and against any:

• claims;
• liabilities;
• losses;
• damages;
• penalties;
• costs; or
• expenses (including reasonable legal costs)

arising from or connected with:

• your breach of these Terms;
• misuse of the Website or Marketplace;
• unlawful conduct;
• User Content submitted by you;
• your interactions with Candidates or other users;
• workplace or household safety issues caused by you; or
• any act or omission by you or persons under your control.

28.4 Third-Party Claims

This indemnity includes claims brought by:

• Candidates;
• Clients;
• regulators;
• government authorities; or
• third parties

arising from conduct connected with your use of the Services or breach of these Terms.

28.5 Survival

This clause survives termination of:

• your Account;
• Marketplace access;
• Bookings; or
• these Terms.

29.1 Third-Party Platforms

The Website or Marketplace may contain links to:

• third-party websites;
• payment providers;
• social media platforms;
• communication platforms;
• software applications;
• video conferencing services; or
• other external services (“Third-Party Platforms”).

These links are provided for convenience only.

Nest Care does not:

• control;
• endorse;
• guarantee; or
• accept responsibility for

any Third-Party Platform, including its:

• availability;
• security;
• content;
• policies;
• services; or
• terms of use.

Use of Third-Party Platforms is entirely at your own risk and may be subject to separate terms, privacy policies and conditions imposed by those providers.

29.2 Third-Party Services

Nest Care may rely on Third-Party Platforms for functionality including:

• payment processing;
• messaging;
• video consultations;
• hosting;
• analytics;
• cloud infrastructure; and
• booking systems.

Nest Care is not liable for interruptions, failures, data loss or issues arising from use of Third-Party Platforms.

29.3 External Content

Nest Care does not warrant the accuracy, reliability or suitability of:

• external content;
• third-party advertisements;
• linked resources; or
• information contained on Third-Party Platforms.

Users should independently assess the suitability and security of any external platform before use.

29.4 Linking to Nest Care Platforms

You must not:

• frame;
• mirror;
• scrape;
• reproduce; or
• create misleading links to

the Website, Marketplace or Nest Care systems without prior written consent from Nest Care.

Nest Care reserves the right to request removal of unauthorised links or integrations.

30.1 Conflicts Between Documents

If there is any inconsistency between:

• these Terms;
• the Website;
• Marketplace content;
• pricing pages;
• Booking information;
• service descriptions; or
• other Nest Care materials,

these Terms will prevail to the extent of the inconsistency unless expressly stated otherwise.

30.2 Service-Specific Terms

Certain Services may be subject to additional:

• Booking conditions;
• placement agreements;
• staffing agreements;
• payroll arrangements;
• Marketplace policies; or
• service-specific terms.

Where applicable, those additional terms will apply in addition to these Terms and may prevail to the extent of any inconsistency relating specifically to that Service.

If any provision of these Terms is found to be:

• invalid;
• unlawful; or
• unenforceable,

that provision will be severed to the minimum extent necessary and the remaining provisions will continue in full force and effect.

These Terms are governed by the law in force in Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, and any court that may hear appeals from any of those courts. You irrevocably waive any right you might have to claim that those courts are an inconvenient forum and any objection to the venue of any proceedings on the ground that they have been brought in an inconvenient forum.

33.1 Collection of Information

Use of the Website, Marketplace and Services may require Clients and Candidates to provide personal information including:

• name;
• address;
• phone number;
• email address;
• date of birth;
• payment information;
• identification documents;
• qualifications;
• employment-related information; and
• health or sensitive information where relevant to the Services.

Without certain information, Nest Care may be unable to:

• provide Services;
• process Bookings;
• verify identity;
• facilitate placements; or
• operate the Marketplace.

33.2 Sensitive Information

Certain Services may require disclosure of sensitive information including:

• health information;
• child-related information;
• emergency contacts;
• healthcare information; or
• other sensitive household information.

By using the Services, you consent to Nest Care collecting, using and disclosing such information where reasonably necessary for:

• provision of Services;
• Candidate matching;
• staffing coordination;
• safety;
• legal compliance; or
• operational purposes.

33.3 Privacy Policy

Nest Care’s Privacy Policy forms part of these Terms and applies to all personal and sensitive information collected by Nest Care.

The Privacy Policy explains how Nest Care:

• collects;
• stores;
• uses;
• discloses; and
• protects

personal information.

33.4 Use of Third-Party Systems

Nest Care may use third-party systems and providers including:

• cloud hosting providers;
• payment providers;
• booking systems;
• communication systems;
• analytics providers; and
• Marketplace infrastructure providers.

Use of such systems may involve storage or processing of information through overseas infrastructure or third-party services.

33.5 Consent to Collection & Disclosure

By using the Website, Marketplace or Services, you:

• consent to Nest Care collecting, storing, using and disclosing your information in accordance with these Terms and the Privacy Policy; and
• acknowledge that certain information may be processed through third-party systems used by Nest Care.

33.6 Overseas Disclosure

While Nest Care seeks to use reputable providers and reasonable security measures, some third-party systems may involve overseas data storage or processing.

You acknowledge that:

• overseas recipients may not be subject to Australian privacy laws;
• foreign governments or regulators may have lawful access rights under applicable foreign laws; and
• Nest Care may not always control the jurisdiction in which third-party systems process data.

33.7 Access & Complaints

Nest Care’s Privacy Policy contains information regarding:

• access to personal information;
• correction requests;
• privacy complaints; and
• how Nest Care handles privacy concerns.

33.8 Privacy Policy Link

Nest Care’s current Privacy Policy is available at:

Nest Care Privacy Policy

34. Refunds, Credits & General Policies

34.1 Refunds & Credits

Unless otherwise required by law or expressly stated in these Terms:

• refunds;
• credits; and
• account adjustments

are provided at Nest Care’s discretion.

Administrative, Booking, Marketplace or Search & Engagement Fees may be non-refundable.

34.2 Credits

Where Nest Care elects to provide account credits:

• credits are non-transferable;
• credits are not redeemable for cash;
• credits may only be used for future Services through Nest Care; and
• credits may expire after 12 months unless otherwise stated.

34.3 Candidate Verification

Nest Care may undertake screening processes including:

• interviews;
• Working With Children Check verification;
• qualification review;
• identity checks;
• police checks; or
• reference checks,

however Nest Care does not guarantee:

• ongoing validity of checks;
• suitability of Candidates;
• accuracy of information supplied by Candidates; or
• compatibility between Candidates and Clients.

Clients remain responsible for independently assessing the suitability of Candidates for their household and circumstances.

34.4 Candidate Compliance Obligations

Candidates are responsible for maintaining any:

• registrations;
• licences;
• insurances;
• Working With Children Checks;
• police checks; or
• professional memberships

required for the Services they provide.

34.5 Child Safety

Nest Care is committed to promoting child safety and wellbeing.

Nest Care maintains a zero-tolerance approach toward:

• child abuse;
• exploitation;
• unlawful conduct; or
• behaviour placing children at risk.

Clients and Candidates acknowledge that certain individuals engaged through Nest Care may be subject to mandatory reporting obligations under applicable laws.

34.6 Emergency Situations

In emergency situations, Candidates may take reasonable action they consider necessary to:

• protect a child;
• obtain emergency medical assistance;
• contact emergency services; or
• reduce immediate safety risks.

Clients remain responsible for:

• providing accurate emergency contact details;
• advising of medical conditions;
• providing relevant care instructions; and
• ensuring emergency information remains current.

34.7 Candidate Substitution

Nest Care reserves the right to:

• substitute Candidates;
• reallocate Bookings; or
• propose alternative staffing arrangements

where reasonably necessary due to:

• illness;
• emergencies;
• scheduling conflicts;
• operational requirements; or
• Candidate unavailability.

Nest Care does not guarantee availability of any specific Candidate.

34.8 Messaging & Communications

Nest Care may monitor, store or review Marketplace communications for purposes including:

• safety;
• quality assurance;
• dispute resolution;
• fraud prevention;
• operational support; or
• compliance with legal obligations.

Users must not use Marketplace communications to:

• harass others;
• circumvent Fees;
• solicit unlawful activity; or
• engage in inappropriate conduct.