Mumaco Pty Ltd (ACN 620 402 208)
(a) Thank you for using mumaco. We provide a wide range of services, including connecting parents and carers with trusted babysitters in their neighbourhood (collectively, “Service”).
(b) Our online platform consists of our website located at https://mumaco.co and the “mumaco” mobile application (collectively, “Platform”), which are owned and operated by Mumaco Pty Ltd (ACN 620 402 208) (“mumaco” “we”, “us”, “our”). Please read these terms and conditions (“Terms”) carefully as they form a contract between Platform users and us (“Agreement”). By using the Platform, you agree with and accept the Terms in this Agreement.
(d) We reserve the right to amend the Terms at any time, and by continuing to use the Platform, you accept the Terms as they apply from time to time.
2. Scope of Our Services
(a) Our Platform is a digital marketplace that connects people seeking babysitting services (“Customers”) with providers who offer those services. Customers and Providers are both “Members” of the Platform for the purposes of this agreement.
(b) We act as an intermediary between Members and our role is limited to facilitating access to the Platform and services offered by Providers (“Provider’s Service”) on the Platform.
(c) We do not own, create, sell, resell, provide, control, manage, deliver or supply any Provider’s Service on the Platform.
(d) When the Customer makes a booking for Provider’s Service on the Platform (“Booking”), the Customer is directly entering into a binding contract with the Provider.
(e) We do not become a party to, or participant in, any contractual relationship between Members. We are not acting as an agent or employer in any capacity for any Member, except to the extent outlined in the Payment Terms in accordance with clause 6.
3. Registration and Access to Service
3.1 Member Use
(b) To use our Service, you must provide us with current, complete and accurate identification, and other information (some of which is not mandatory) including, but not limited to, your name, phone number, a valid email address, and password (“Registration Information”).
(c) If your Registration Information changes, you must promptly update your Account to reflect those changes.
(d) By accessing the Platform and using our Service as a Member, you represent and warrant that:
i. you are at least 18 years of age;
ii. you have the right, authority and capacity to agree to and abide by the Terms of the Agreement;
iii. you are currently living in Australia and have an Australian residential address;
iv. if you are registering with mumaco or using the Platform on behalf of a company, that company is taken to have accepted the Terms and you are taken to have been duly authorised to bind the company; and
v. you will use the Platform in a manner consistent with any and all applicable laws, regulations and all other mumaco policies.
(e) By accessing the Platform and using our Service as a Member, you agree and acknowledge that:
i. we are not a party to, or a participant in, any contractual relationship between Members;
ii. you are responsible for complying with any relevant legislation and regulations that may become applicable as a result of any contractual relationship you enter into with another Member;
iii. we have no control over of the conduct of our Members or your interactions with other Members (whether in person or online). A Customer’s obtaining of (and a Provider’s provision of) any Provider’s Service, and the Provider accepting is at your own risk. You should always verify a Provider’s details and exercise due diligence and care when making a Booking;
iv. we do not guarantee the existence, availability, suitability, legality or safety of any Provider’s Service;
v. you are responsible for maintaining the confidentiality of your Registration Information at all times and for the activity that occurs under your Account;
vi. your access to and use of the Platform is non-transferable;
vii. we may deny anyone access to an Account, our Service or the Platform at any time and for any reason without notice;
viii. we reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete material, content, data or information created, generated or transmitted by Members through the Platform (“User Content”) and we do not control the accuracy or completeness of User Content; and
ix. we are not obliged to confirm the identity of the Platform users, including our Members, but may, at our discretion, undertake the verification procedures outlined in clause 3.2 below.
(f) By registering for an Account, you agree that we may send you text (SMS) messages as part of the normal business operation of your use of the Service. You may opt-out of receiving SMS messages from us by contacting us and you acknowledge that opting out of receiving SMS messages may impact your use of our Service.
3.2 Provider Use
(a) To use our Service, Providers are required to provide us with current, complete and accurate identification and other information requested by us, including but not limited to:
i. personal information such as name and date of birth, email address and mobile number;
ii. evidence of your ability to work in Australia, in compliance with the necessary laws and regulations of Australia;
iii. an official government photo identification (“ID”) such as a copy of a driver’s license or passport;
iv. a current and valid Working with Children Check Card issued by the relevant State/Territory based Child Protection Authority;
v. a current and valid First Aid Certificate statement of attainment in a recognised First Aid training program which includes Cardiopulmonary Resuscitation in accordance with Australian Resuscitation Council guidelines; and
vi. a recent headshot of acceptable quality to be used in your profile, that also allows a comparison with the official government photo ID provided.
(b) We will verify the identity of a Provider only to the extent that we will:
i. ensure the name on the government photo ID is the name on the Provider’s application as well as on the Working with Children Check and First Aid Certificate provided;
ii. verify the validity of the Working with Children Check against the issuing state’s database (New South Wales, Victoria and Queensland only);
iii. verify the validity of the First Aid Certificate statement of attainment; and
iv. verify that the email address and/or mobile number supplied by the Provider is current and operational.
(c) We will verify a Provider’s information and process their application to use our Service as quickly as practicable. Processing time will generally range from between two to fourteen days.
(d) By accessing the Platform and using our Service as a Provider, you agree and acknowledge that mumaco:
i. reserves the right to deregister or delete a Provider profile for any reason without liability;
ii. is not an employment agency and there is no contractual relationship of employee/employer, agency, or independent contractor, between mumaco and the Providers; and
iii. does not make any guarantees as to a set, regular, continuous or minimum amount of Bookings for a Provider.
4. Use of Platform
By accessing the Platform, you must:
(a) use the Platform for lawful purposes only;
(b) not commit any act or engage in any practice that:
i. is harmful to our systems, reputation or goodwill; or
ii. interferes with the integrity of the Platform, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
(c) not create Accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
(d) not restrict, or attempt to restrict, another user from using the Platform;
(e) not encourage or facilitate violations of the Terms;
(f) not distribute or send communications that contain spam, chain letters, or pyramid schemes;
(g) not harvest or otherwise collect information about others, including Registration Information, without their consent;
(h) not bypass measures used to prevent or restrict access to our Service;
(i) not interfere with the privacy of, harass, intimidate, act violently or inappropriate towards or be discriminatory against another Member; and
(j) not infringe any intellectual property rights or any other contractual or proprietary rights of another Member or third party.
5. User Content
(a) You are solely responsible for User Content:
i. you post, publish or otherwise transmit through the Platform; and
ii. you obtain through accessing or using the Platform.
(b) You grant us a royalty free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable license to use, reproduce, modify, copy, store and exploit your User Content for our business or commercial purposes.
(c) The views expressed in any User Content are the views of users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to report problems, offensive content or comments and malicious use of the Platform.
6. Payment Terms
6.1 Service fees
(a) In this clause 6, “Payment Method” means a financial instrument that Members have added to their Account, such as a credit card, debit card, or PayPal account.
(b) We may charge fees to Members in consideration for the use of our Service (“Service Fees”). All Service Fees are in Australian Dollars (AUD). Service Fees may be converted to your local currency at the time of payment. We will be entitled to add on GST for any supply in Australia.
(c) We will inform you of any applicable Service Fees (including any applicable GST) prior to completion of your Booking.
(d) We reserve the right to change the Service Fees at any time and we will provide Members adequate notice of any fee changes before they become effective.
(e) You as a Member are responsible for paying any Service Fees that you owe to us. Except as otherwise provided on the Platform, Service Fees are non-refundable.
6.2 Provider fees
(a) Generally speaking, we will collect the total fees from a Customer at the time a Booking is accepted by the Provider.
(b) In order to receive the fee for the Provider’s Service (“Provider Fee”), the Provider must have a valid Payment Method linked to their Account. The time it takes to receive the Provider Fee once released by us may depend upon the Payment Method selected.
(c) The Provider Fee for a Booking will be the total fee less applicable Service Fees and taxes.
6.3 Payment method
(a) Fees payable by Members under this Agreement must be paid for using payment processing services provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service(collectively, the “Stripe Services Agreement”). Please review these terms and conditions before using your Payment Method.
(b) By agreeing to these Terms or continuing to operate an Account with mumaco, you agree to be bound by the Stripe Services Agreement and the same may be modified by Stripe from time to time.
(c) We reserve the right to delay or cancel any payment for purposes of preventing unlawful activity, fraud, risk assessment, security or investigation.
(d) We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by you, so that you end up receiving or paying the correct amount.
(e) The Customer is responsible for:
i. ensuring that their nominated Payment Method has sufficient funds to pay the Provider’s Fee;
ii. paying all bank fees, including fees charged by your bank for an overdraw of your account as a result of payment of the Provider’s Fee; and
iii. if any payment fails, any reasonable administration fees.
7. Cancellations and Refunds
(a) As a Customer, by accepting a Provider’s Service on the Platform, you accept and agree to the relevant cancellation and refunds policy of that Provider and to any additional terms and conditions of the Provider’s Service that may apply to you.
(b) As a Customer, you must check the terms and conditions of a Provider’s Service thoroughly for any such conditions prior to making a Booking. If you would like to change or cancel a Provider’s Service, please review and keep a record of any correspondence regarding that change or cancellation.
(c) Members agree that we have no control of any Provider’s cancellation and refunds policy and that they will not hold us responsible for any result or consequence of a request of cancellation or refund from a Provider.
(d) We handle and process refunds in accordance with the Australian Consumer Law:
i. should you wish to obtain a refund, you may contact us within 14 calendar days of completion of the Service to report any discrepancies or faults to make a claim otherwise you will be deemed to have accepted the Service;
ii. returns or refunds are made in our discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law; and
iii. except as required by the Australian Consumer Law, we will only facilitate a refund if we are unable to facilitate the completion of the Service or, if we determine, in our absolute discretion, it is reasonable to do so.
8. IntellectualProperty Rights
(a) In these Terms, “Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
(b) We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in the Platform or to the material (including all text information and content, graphics, logos, type forms and software) made available to you on the Platform (collectively, “Platform Content”). Your use of and access to the Platform does not grant or transfer any rights, title or interest to you in relation to the Platform Content.
(c) You may access the Platform using a web browser or mobile device, and electronically copy and print hardcopy the Platform Content solely for your personal, non-commercial use.
(d) You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Platform Content or any other material in whatever form contained within the Platform unless expressly stated otherwise in these Terms.
9. Third Party Links
The Platform may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire as to the accuracy and completeness of that information prior to entering into a transaction in relation to the third-party products and services.
To the fullest extent permitted by law, you agree and acknowledge that:
(a) our Service is provided “as is” and “as available” and the entire risk arising out of your use of our Service remains solely with you;
(b) we do not control, endorse and are not responsible for any User Content;
(c) we retain complete control over the Platform and may alter, amend or cease the operation of the Platform in our sole discretion;
(d) we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Platform;
(e) we make no warranty or representation that the Platform will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times; and
(f) we may remove any content, material and/or information, including any User Content, without giving any explanation or justification for removing the material and/or information.
11. Exclusion and Limitation of Liability
(a) To the fullest extent permitted by law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of data, reputation, goodwill and opportunity, arising out of or in connection with:
i. your use or inability to use the Platform or Services;
ii. if you are a Customer, your use of Provider Services;
iii. if you are a Provider, your provision of Provider Services;
iv. the User Content;
v. any interactions between Members;
vi. the conduct of other Members;
vii. any Member breaching or failing to comply with any applicable laws;
viii. any Member breaching or failing to comply with any applicable Provider terms and conditions; and
ix. unauthorised creation, access or use of your personal information, Member Account or your User Content, even if we have been advised of the possibility of such loss.
(b) To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.
(c) Pursuant to s64A of Schedule 2 of the Australian Consumer Law, this clause 12(c) applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to:
i. the re-supply of the services or products; or
ii. the payment of the direct cost of having the services or products resupplied.
(a) You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Platform, User Content, your breach of the Terms or any rights of third parties, except to the extent we directly caused or contributed to the loss, damage, liability, claim or expense.
(b) We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
(a) Both we and our Members have a right to terminate this Agreement at any time.
(b) Members may terminate this Agreement by providing written notice to us by email. Termination will be effective upon our receipt of the written notice, following which, we will disable the Member’s profile as soon as practicable.
(c) Members shall remain obligated to complete any outstanding payment for any Service Fee and Provider Fee incurred before the Agreement termination date.
(d) We reserve the right to:
i. cease operating the Platform, without notice and for any reason; and/or
ii. terminate our relationship with you without notice and with immediate effect if you, in any way, breach the Terms.
(e) If one of the events described in clause 15(d) occurs, then:
i. you will not have any access to the Platform, your Account or User Content; and
ii. we will not be liable for any costs, losses or damages arising as a result of terminating your access to the Platform.
15. Dispute Resolution
(a) We reserve the right, but have no obligation, to monitor disputes between Members.
(b) If a dispute arises out of or relates to these Terms or the Agreement as between us and a Member, either party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of this Agreement (“Dispute”) unless it has complied with this clause 16.
(c) A party claiming that a Dispute has arisen must notify the other party to the Dispute in writing, giving details of the Dispute.
(d) During the 15-Business Day period after notice is given (or any longer period agreed in writing by the parties to the Dispute) (“Initial Period”) each party to the Dispute must cooperate and take all reasonable steps necessary to resolve the Dispute.
i. If the parties are unable to resolve the Dispute within the Initial Period, each party agrees that the Dispute must be referred for mediation to a mediator agreed on by the parties.
ii. If the parties are unable to agree on a mediator within 7 days after the end of the Initial Period, then the parties must submit the dispute for mediation through the Law Society of Queensland and have the President of the Law Society appoint a Mediator and set the matter for mediation.
iii. The role of the mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a party unless that party has so agreed in writing.
iv. Each party must pay its own costs of complying with this clause 16. The parties must pay equally the costs of any mediator engaged.
v. The mediation will be held in Queensland, Australia.
(f) After the Initial Period, a party that has complied with this section may terminate the dispute resolution process by giving notice in writing to each other party. A party to a Dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the dispute within 30 Business Days after commencement of dispute resolution.
(g) All communications concerning negotiations made by the parties in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.
16. No Waiver
No waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.
18. Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the Courts of Queensland and Courts of Appeal from them for determining any dispute concerning these Terms.
19. Feedback and Contact
Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Platform and our Service (“Feedback”). You may submit Feedback by contacting us at email@example.com
© 2019 Mumaco Pty Ltd. ALL RIGHTS RESERVED.
Terms last updated 26th August 2019