Littlehubs Terms and Conditions
1. What we do
i. Littlehubs provides the Littlehubs Platform as a service for Families to be paired in a single or shared arrangement and also paired with a suitable child care provider or “Child Carer”.
ii. Littlehubs provides the option to match a single Family, or a group of two (2) or more Families with a Child Carer (or Child Carers) deemed suited to each other Family at Littlehubs’ discretion (“Booking Request”). If for any reason a Family or Child Carer forms the view they are not suited to the other Family, or the Child Carer (as the case may be), they may contact Littlehubs and request a change here.
iii. A Family may withdraw or modify a Booking Request at any time before they are notified of their match. Littlehubs reserves the right to cancel all requests to be matched prior to the modification or amendment.
iv. Upon being notified of being matched with another Family or a Child Carer (“Arrangement”), the Family must pay the Fees in advance to the Escrow Account.
v. The Child Carer must perform the Child Carer Services as per the Arrangement.
vi. Once the Child Carer Services are complete, the Child Carer must provide notice of this completion on the Littlehubs Platform, or in any other manner specified by Littlehubs.
vii. Each of the Families in the Arrangement must confirm the Child Carer Services are complete on the Littlehubs Platform, or in any other manner agreed upon between the Families and Littlehubs in writing.
viii. Once the Child Carer Services have been completed and the Families confirm the Child Carer Services are completed, or if Littlehubs in its absolute discretion is satisfied the Child Carer Services have been completed, the Child Carer Fees will be released from the Escrow Account.
ix. Payment will be made from the Escrow Account to each Child Carers on a weekly basis.
2. Littlehubs role
i. Littlehubs provides the Littlehubs Platform only, facilitating the matching of Users in order to create Arrangements, and does not constitute a contractual relationship between Littlehubs and any User(s) except in the manner provided for in relation to the Littlehubs Service Fee.
ii. Littlehubs only permits individuals over 18 years of age to become Users on the platform.
iii. Users must be a natural person but can indicate on their account description that they act on behalf of a business entity.
iv. Littlehubs may, at its absolute discretion, refuse to allow any person to register or create an account on the platform and/or cancel or suspend an existing account.
v. Registering and creating an account with Littlehubs is free. However, Families will incur fees once they are matched with a Child Carer and/or another Family and when Littlehubs are bound to provide Child Carer Services to the Family.
vi. Littlehubs accepts no liability for any aspect of the Family and Child Carer interaction, including but not limited to the description, performance or delivery of Child Care Services.
vii. Littlehubs has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Child Carers to perform the Child Care Services.
viii. Except for liability in relation to any Non-excludable Condition, the Littlehubs Service is provided on an "as is" basis, and without any warranty or condition, express or implied.
ix. Littlehubs has no obligation to any User to assist or involve itself in any dispute between Users, although Littlehubs may do so at their absolute discretion to improve User experience.
i. At all times, Users must:
a. comply with this Agreement (including all Policies) and all applicable laws and regulations;
b.only post accurate information on the Littlehubs Platform;
c. promptly and efficiently perform the User obligations under this Agreement; and
d.ensure that they are aware of any laws that apply to the User as a Family or Littlehubs Child Carer, or in relation to using the Littlehubs Platform.
ii. Users agree that any content (whether provided by Littlehubs, a User or a third party) on our Platform may not be used on third party sites or for other business purposes without the prior written consent of Littlehubs.
iii. Users must not undertake any illegal or unethical activities on the Littlehubs Platform. The definition of activities as unethical will be prescribed by Littlehubs at its absolute discretion.
iv. Users are solely responsible for their Littlehubs account and must maintain exclusive control of it at all times. Users must not allow other parties to access their account, nor transfer or sell the account or any of its content to another person or company without the prior written consent of Littlehubs.
v. Any information that Users post on the Littlehubs Platform must not cause, or have the potential to cause, damage to Littlehubs or any other person. This includes, but is not limited to, damage to reputation and economic loss.
vi. Any information that Users supply to Littlehubs or publish on the Littlehubs Platform must be current. Users are required to keep this information current and notify Littlehubs of any changes to their supplied information within forty eight (48) hours of any change in circumstances. Information Users provide to Littlehubs and/or publish on the Littlehubs Platform must not:
a. Be false, inaccurate, misleading, or deceptive
c. Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality, or privacy;
d.Violate any applicable law, statute, ordinance, or regulation (including, but not limited to, those governing fair work, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
e. Be defamatory, libellous, threatening or harassing;
f. Be obscene or contain any material that, in the sole and absolute discretion of Littlehubs, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
g.Contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any of Littlehubs Platforms, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
vii. The Littlehubs Platform utilises location-based and map-based functionality. The Littlehubs Platform will display the location of Families and Child Carers to users who browse the Littlehubs Platform. Each Family will be asked to provide the exact address where the Services are to be delivered. A Family’s full address and contact details will only be revealed to a Child Carer once they are successfully matched with that Family by the Littlehubs Platform.
viii. If Littlehubs determines that a User has breached any obligation under this clause 3, Littlehubs reserves the right to remove any content Users have posted or submitted to the Littlehubs Platform or Littlehubs may cancel or suspend the User account and/or any Arrangements at its absolute discretion and without prior notice to the User.
i. The fees to be paid to a Carer is $24.00 per hour (“Standard Hourly Rate Service Fee”) with Littlehubs retaining $4.50 (inclusive of GST (if any)) of the $28.50 fee charged to the Family
ii. The Standard Hourly Rate Service Fee applies Monday through Friday, excluding public holidays in the location of the booking. Additional hours are charged at the Standard Hourly Rate Service Fee.
iii. Upon the formation of an Arrangement, the Fees become payable by the Families to Littlehubs $28.50 per hour (inclusive of GST (if any). Fees are received in advance and are held in an Escrow Account operated by Littlehubs. Once the Child Carer has provided the Child Care Services and the conditions set out under clause 1.viii have been met, the Fees are released to the Child Carer upon the next billing cycle (“Child Carer Payment”).
iv. Littlehubs will deduct the Littlehubs Service Fee ($4.50 (inclusive of GST (if any)) from the Fees paid by the Family before Littlehubs makes a Child Carer Payment.
v. If the Arrangement requires a Child Carer to incur costs in completing the Child Care Services, any costs incurred will not be included in any calculation of Fees and are the sole responsibility of the Child Carer to seek reimbursement from the Family for (if at all).
vi. Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User’s separate agreement with that Third Party Service provider.
vii. Littlehubs may change the Fees and the terms applying to their payment at any time and at its sole discretion. Any change to the Fees or the Terms is effective fourteen (14) days after Littlehubs notifies the users of the change by any one or more of the following:
a. Sending a message to the User’s Littlehubs Account detailing the change;
b.Notifying users of the change upon the next login to the Littlehubs Platform;
c. Sending users an email detailing the change; and/or
d.Posting a notice of the change to the users nominated contact address.
viii. Littlehubs may choose to temporarily modify the Fees or the terms governing payment at its sole discretion. Notifications of temporary modifications will be sent to the User’s Littlehubs Account.
ix. All Fees and charges payable to Littlehubs cannot be cancelled or refunded, subject to the User’s rights under any Non-Excludable Conditions.
x. If Littlehubs introduce a new service on the Littlehubs Platform, the Fees applying to that service will be payable as from the launch of the service. It is the responsibility of the User to opt out of any additional services they do not wish to be charged for.
i. Families trial a Carer for the first week of the arrangement. At any time during or at the end of the Child Carer probationary period, the Family may terminate the Child Carers employment giving 1 days’ notice. After the 1 week period, the Family is required to give 2 weeks notice if they wish to terminate their arrangement with the Carer.
ii. Families are required to
a. Pay a carer for a minimum of three hours
b. Pay the Fees to Littlehubs upon requesting the Services. Payments made via the Littlehubs Platform will be sent to the Escrow Account. Users irrevocably authorise Littlehubs to distribute all funds paid by users into the Escrow Account in accordance with the terms of this Agreement.
c. To give a minimum of 24 hours’ notice to the Child Carer if they wish to cancel the arrangement on a particular day; and
d. Notice periods for cancellations are outlined under Clause 6(iii).
i. Littlehubs is a platform and it cannot be held responsible for cancellations or no-shows of any Child Carer;
ii. Littlehubs reserves the right to cancel an arrangement immediately if a Carer has been mistreated, found to be working in an unsafe environment or is harmed in any way. Families will not be refunded under these circumstances.
iii. All refunds will be governed by paragraph 7 (Refunds) below.
a. If a Child Carer cancels more than 24 hours prior to the scheduled time of the Arrangement, Littlehubs will endeavour to replace the Child Carer. If Littlehubs is able to replace the Child Carer, the Parent will be charged the usual Fee. If Littlehubs is unable to arrange a replacement Child Carer, the Parent will receive a refund of 100% of any Fees paid for this Arrangement;
b.If a Family cancel an Arrangement within 24 hours of the scheduled time of the Arrangement, 50% of the Fees payable will be charged to the Family and forwarded to the Child Carer as per the usual terms of payment; and
i. If a Family cancels an Arrangement within 1hour of the scheduled time, 0% of the fees will be refunded to the Family.
i. If a Family is entitled to a refund under Clause 6(iii) above, Littlehubs will pay the Child Carer Payment held in the Escrow Account to the Family.
ii. In the event where a Carer arrives late, the Family will be provided with two options:
a. Amend the timesheet to reflect the actual time spent by the Carer at the Family’s house; OR
b.On a mutual agreement between the Family and Carer, the Carer may extend their time to accommodate for the late arrival.
iii. In the event where the:
a. Family arrives home early at the request of the Child Carer, a partial refund will be applied based on the number of hours the Carer worked.
b.Family arrives home late, the Carer will record the additional hours on the timesheet and it will be charged in 15 minute increments.
c. Family arrives home early of their own accord, no refund will be provided. On mutual agreement between the Family and Carer, the Carer may leave early. The Carer is otherwise expected to remain at the Family’s house until the end of the time period specified on the Carer’s timesheet.
iv. Littlehubs may also pay to the account of the Family, on behalf of the Child Carer, an additional amount equivalent to the Littlehubs Service Fees collected in connection with the Arrangement.
v. Any amount paid by Littlehubs on behalf of a Child Carer under Clause 7(iv) above will be a debt owed by the Child Carer to Littlehubs.
8. Littlehubs Partners
i. Partner Companies may contribute a proportion of the Child Carer Payment on behalf of the Family, who will be an employee, independent contractor or other agent of the Partner Company.
ii. Partner Companies may contribute or pay a subscription or annual fee on behalf of the Family, who will be an employee, independent contractor or other agent of the Partner Company.
iii. The portion of the Child Carer Payment paid by the Partner Company may be changed in accordance with each Family’s own agreement with the Partner Company.
iv. This Agreement does not create contractual relations between a Partner Company and a Child Carer nor between a Partner Company and a Family. It is up to each Family to negotiate their own agreement with their employing Partner Company.
v. No agency relationship shall be created by this Agreement between Littlehubs and a Partner Company or vice versa.
vi. To the maximum extent permitted by law, this Agreement creates no liability on behalf of the Partner Company to a Child Carer or to any Family. The Partner Company cannot be held liable for any damages that may arise out of or are incidental to the provision of the Child Carer Services.
9. Child Carers
i. A Child Carer must have the right to provide Services under this Agreement and to work in Australia. The Child Carer must comply with tax, superannuation and regulatory obligations in relation to any payment (including a Child Carer Payment) received under this Agreement. It is the responsibility of the Child Carer to be aware of their obligations to comply with their tax, superannuation and regulatory obligations. Littlehubs cannot be held responsible for any claims, actions, suits or demands of whatsoever nature arising out of or in connection to any non-compliance with the tax, superannuation and regulatory obligations of a Child Carer.
ii. A Child Carer must be over the age of 18 to register with Littlehubs.
iii. Child Carers are required to submit personal details to Littlehubs to become visible on the platform including, but not limited to:
a. Details of a current Working With Children Check;
b.A copy of a current First Aid Certificate;
c. Qualifications to work as a Child Carer in Australia and/or the State or Territory in which the Child Carer intends to provide the Child Carer Services (if applicable); and
d.Police Check (if applicable).
iv. Child Carers are subject to a probationary period of 1 week from date of commencement where the Child Carer performance and suitability for the position will be assessed. At any time during or at the end of the Child Carer probationary period, the Carers employment may be terminated by either the Child Carer or the Family, giving 1 days’ notice.
a. After the 1 probationary week period, the Child Carer is required to give 2 weeks notice if they wish to terminate their arrangement with the Family.
v. Child carers are required to work for a minimum of 3 hours in an arrangement
vi. Child Carers cannot use the Littlehubs platform until their details have been validated under Clause 9(iii) at which point the Child Carer will be visible and an “Approved” Child Carer on the Littlehubs Platform.
vii. Child Carers are engaged by Littlehubs as independent contractors to Littlehubs. Child Carers may choose the location or locations in which they are prepared to provide the Child Care Services, their availability to provide the Child Care Services, and may reject an Arrangement at any time prior to 48 hours before the Arrangement is due to begin at the Child Carer’s sole discretion.
viii. Approved LittleHub Child Carers must provide Child Care Services to Families in accordance with this Agreement, unless the Services are prohibited by law or any of our policies, or if alternative Services are agreed to between the Families and the Child Carer.
ix. Child Carers must not charge a Family fees on top of the Child Carer Payment.
x. Child Carers must not request payments outside of the Littlehubs Platform from a Family.
xi. If a Child Carer agrees to pay some costs of completing the Child Care Services (such as equipment to complete the Services), the Child Carer is solely responsible for ensuring that he or she is reimbursed by the Families. We do not recommend Child Carers agree to incur costs in advance of the Arrangement.
xii. If a Child Carer is temporarily unable to perform the Child Carer Services for any reason, they must notify us at least 24 hours before the Child Carer Services are due to be performed so that we may source a replacement Child Carer for the required period.
xiii. If an urgent matter arises preventing the Child Carer from performing the Child Carer Services within 24 hours of the services being due, the Child Carer is may organise his or her own replacement from the “Approved” Littlehubs Child Carers on the Platform. The Child Carer must still inform Littlehubs of the urgent matter as soon as it arises and Littlehubs will make all reasonable attempts to assist the Child Carer.
xiv. If a replacement Child Carer is organised under clause 8(xii), the Child Carer who is unable to perform the Child Carer Services is responsible for paying the replacement Child Carer an amount as mutually agreed between the two Child Carers. Littlehubs will have no liability to the replacement Child Carer for payment of the Child Carer Payment. Littlehubs may in any event elect to pay the replacement Child Carer the Child Carer Payment at its absolute discretion. If this occurs, the Child Carer Payment shall be a debt owed to Littlehubs by the Child Carer who is unable to perform the Child Carer Services.
xv. If a replacement Child Carer is required, the Parent may choose another carer on the platform for a one-off arrangement;
xvi. If Littlehubs determines that users have breached any obligation under this clause 8, Littlehubs reserves the right to remove any content the User has posted or submitted to the Littlehubs Platform or Littlehubs may cancel or suspend the User’s Littlehubs Account and/or any Arrangements at its sole and absolute discretion.
i. The Family understands that they are engaging a Carer as an independent contractor. The Family understands that the independent contractor relationship is exclusively between the Family (as Principal) and the Carer (Contractor). Littlehubs is not a party to this relationship and bears no responsibilities in respect of that independent contractor relationship.
ii. Families should obtain their own tax advice with respect to their employment tax obligations (if any) in respect of engaging a Carer via Littlehubs.
iii. The Family understands that these terms constitute an independent contractor agreement between the Family and Carer.
iv. Families should provide all equipment necessary for the Child Carer to perform the Child Carer Services.
v. Families who Host the Arrangement must ensure that the designated area provided for the Arrangement is child friendly and safe
vi. Families who Host the Arrangement who own a pet are responsible for ensuring that the designated area for the Arrangement is secure and that the pet is not able to access the designated area. Any damage, injury, or other loss suffered by a User on the Host Family’s property under this clause is the direct responsibility of the Host Family. Littlehubs excludes all liability for any damage, injury, or other loss that may occur under this clause to the maximum extent permitted by law.
i. Littlehubs may use an Escrow Provider to operate the Escrow Account.
ii. To the extent that they are relevant to the provision of the Escrow Account, the terms at www.Littlehubs .com.au are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Escrow Account.
12. External Services
i. Littlehubs may include Third Party Services on the Littlehubs Platform at its discretion. These Third Party Services are not provided by Littlehubs.
ii. Third Party Services are offered to Users pursuant to the Third Party’s terms and conditions.
iii. If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service Provider.
iv. Littlehubs make no representation or warranty as to the Third Party Services. However, to help continue to improve the Littlehubs Platform, Users may inform Littlehubs of their Third Party Experience here.
13. Identity and Verification
i. Littlehubs use Identity Verification Services to enable it to carry out its obligations under this Agreement and at law generally.
ii. Users agree that Littlehubs Identity Verification Services may not be fully accurate as all Littlehubs services are dependent on User-supplied information and/or information from verification services provided by Third Parties.
iii. Users are solely responsible for identity verification and Littlehubs accepts no responsibility for any use that is made of a Littlehubs Identity Verification Service.
iv. Littlehubs Identity Verification Services may be modified at any time at the sole discretion of Littlehubs.
v. The Littlehubs Platform may also include a User-initiated feedback system to help evaluate Users.
vi. Littlehubs may make Verification Icons available to Child Carers. The available Verification Icons can be requested by the Child Carer via the Littlehubs Platform, and arranged on behalf of the Child Carer and issued by Littlehubs, for a fee. Obtaining a Verification Icon may be subject to the provision of certain information or documentation by the Child Carer and determined by Littlehubs or a Third Party Verifier subject to the Third Party Verifier’s terms. It remains the Child Carer's responsibility to ensure that information or documentation it provides in obtaining a Verification Icon is true and accurate and must inform Littlehubs immediately if a Verification Icon is no longer valid.
vii. Littlehubs retains the discretion and right to not issue, or remove without notice, a Verification Icon or Littlehubs Badge if the user is in breach of any of the terms of this Agreement, the Verification Icon or Littlehubs Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid, or for any other reason requiring its removal by Littlehubs
i. Littlehubs may provide public liability insurance for Arrangements through a Third Party. Any application and terms and conditions for such third-party insurance will be available at the Littlehubs website when they are available. Littlehubs confirms that all insurance policies are Third Party Services and subject to further terms set out for Third Party Services.
ii. Littlehubs does not represent that any insurance offered via the Littlehubs Platform is adequate or appropriate for any particular User. Each User must make their own enquiries about whether any further insurance (such as Child Carers compensation insurance) is required.
iii. Littlehubs may also take out some accidental property and injury insurance itself and that insurance may extend cover Child Carers for certain types of work. Users acknowledge and agree that in the event that a claim is made relating to any services performed and/or goods provided by a Child Carer, and the insurance taken out by Littlehubs (if any) responds to that claim then this Clause applies. If a claim is made against a Child Carer, Littlehubs may elect to make a claim under such policy and if the claim is successful, Littlehubs reserves the right to recover any excess or deductible payable in respect of the claim from the Child Carer. Where Littlehubs makes a claim and the insurer assesses that the Child Carer is responsible, Littlehubs is entitled to rely on that assessment. If the User does not pay any excess due under this Clause, Littlehubs may also elect to set this amount off some or all of the excess paid by it against future moneys Littlehubs may owe to the Child Carer.
iv. The Child Carer acknowledges and agrees that in the event that a claim is made relating to any services performed and/or goods provided by a Child Carer, and the insurance taken out by Littlehubs (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this Clause applies. Littlehubs may elect to pay an amount to settle the claim. To the extent that the Child Carer was or would be liable for the amount of the claim, the amount paid by Littlehubs may be recovered from the Child Carer. Littlehubs may also elect to set this amount off against future moneys it may owe to the Child Carer.
i. Users can file a complaint about any comment made on the Littlehubs Platform using the 'Report' function of the Littlehubs Platform or contact the company directly via the Littlehubs Platform.
ii. Littlehubs is entitled to suspend or terminate user accounts at any time if it, in its sole and absolute discretion, is concerned by any feedback about Users, or considers User feedback rating to be problematic for other Users.
16. Intellectual Property
i. Users agree that they are not entitled to use the Intellectual Property outside of their use of the Littlehubs Platform.
ii. Child Carers are not entitled to make representations that they are agents of, or otherwise represent, Littlehubs externally to the Littlehubs Platform.
iii. This clause does not prevent a User from generally promoting Littlehubs outside of the Littlehubs Platform for the purposes of introducing new Users to the Littlehubs Platform.
i. Child Carers must at all times during and after the Arrangement maintain strict secrecy about each Family’s information and Littlehubs modes and methods of business and finances which without limitation includes any manuals issued by Littlehubs, trade secrets, the methods by which the business is conducted, information relating to rates of remuneration payable to Child Carers and all other information provided by Littlehubs in relation to the Services (“Confidential Information”).
ii. The Child Carer must take all steps necessary to ensure that his or her agents, employees or independent contractors also observe such requirements of secrecy and confidentiality in relation to the Confidential Information and must cause such agents, employees, or independent contractors to enter into a Deed of Confidentiality Agreement containing the same terms as those contained in this clause 14 of this Agreement.
i. Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law Littlehubs specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Families and Child Carers.
ii. Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Littlehubs specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between users and any Third Party Service Provider who may be included from time to time on the Littlehubs Platform.
iii. Except for liability in relation to a breach of any Non-excludable Condition, Littlehubs liability to any User of the Littlehubs Service is limited to the total amount of payment made by that User to Littlehubs during the twelve month period prior to any incident causing liability of Littlehubs, or $50.00, whichever is greater.
iv. Littlehubs liability to a user for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at its option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
20. Changes to the Agreement
i. Littlehubs may modify this Agreement or the Policies (and update the Littlehubs pages on which they are displayed) from time to time. Littlehubs will send notification of such modifications to Littlehubs User Accounts or advise Users the next time they login.
ii. Users will be regarded as having agreed to modifications to this Agreement or Policies of Littlehubs at such times as they have selected “I accept” on notifications of modifications or upon next r using the Littlehubs Platform to procure services from Littlehubs, or engaging in any acts in connection with an Arrangement, in which case, the modified terms will be effective immediately. In all other cases, the amended terms will be automatically effective 30 days after Users are notified of the changes.
i. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. Users acknowledge that they have no authority to bind Littlehubs, its related entities or affiliates in any way whatsoever. Littlehubs confirms that all Third Party Services that may be promoted on the Littlehubs Platform or are provided through the Littlehubs Service are provided solely by such Third Party Service providers. To the extent permitted by law, Littlehubs specifically disclaims all liability for any loss or damage incurred by users in any manner due to the performance or non-performance of such Third Party Service.
i. Except as stated otherwise, any notices from a User to Littlehubs must be given by registered ordinary post or by email, either to the Littlehubs contact address as displayed on the Littlehubs Platform, or to the Littlehubs User’s contact address as provided at registration. Any notice shall be deemed given:
a. if sent by email, 24 hours after email is sent, unless the Family is notified that the email address is invalid or the email is undeliverable; and
b.if sent by pre-paid post, four Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. In this section, "Business Day" means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
i. Littlehubs encourages Users to try and resolve disputes (including overtime payments or refunds) with other Users directly.
ii. Littlehubs may provide access to a Third Party Dispute Service. If such a service is provided, either party may require the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. The parties will be bound by the Terms and conditions for the Third Party Dispute Service. Littlehubs confirms that Third Party Dispute Service is a Third Party Service and subject to further terms set out for Third Party Services. The Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
iii. Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service Provider.
iv. Littlehubs has the right to hold any Child Carer Payments that are the subject of a dispute in the Escrow Account, until such dispute has been resolved.
v. If users have a complaint about the Littlehubs Service please contact Littlehubs directly here.
vi. If Littlehubs provides information of other Littlehubs Users to Users for the purposes of resolving disputes under this clause, users acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that users will indemnify Littlehubs against any claims relating to any other use of information not permitted by this Agreement.
i. Either a User or Littlehubs may terminate an account and this Agreement at any time for any reason.
ii. The Parent and Child Carer can trial the service for 1 week. During the trial period, either party can choose to terminate an Agreement at any time for any reason, giving 1 day written notice to Littlehubs here.
iii. After the trial period, if a Parent or Child Carer chooses to terminate an agreement at any time for any reason, they must give 2 weeks’ written notice to Littlehubs here to allow the Parents or Child Carer to find a suitable replacement.
iv. Termination of this Agreement does not affect any existing Arrangement that has been formed between Littlehubs Users. If users have entered an Arrangement they must comply with the terms of that Arrangement (which are governed by the terms of this Agreement) including providing the Services or paying the Arrangement as applicable.
v. If users terminate an account and/or this Agreement, users are not entitled to create any further Arrangements under this Agreement.
vi. Third Party Services are subject to Third Party Service provider terms and conditions.
vii. Clauses 4 (Fees), 14 (Confidentiality), 15 (Liability) and 20 (Disputes) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
i. This Agreement is governed by the laws of New South Wales, Australia. Users and Littlehubs submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
ii. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
iii. This Agreement may be assigned or novated by Littlehubs to a third party without user consent. In the event of an assignment or novation users will remain bound by this Agreement.
iv. This Agreement sets out the entire understanding and agreement between the User and Littlehubs with respect to its subject matter.
"ACL" means the Australian Consumer Law.
"Agreement" means the most updated version of the agreement between Littlehubs and a User.
"Littlehubs" "we" "us" "our" means Littlehubs Pty Ltd ACN 619 525 736.
"Littlehubs Badge" means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by Littlehubs.
“Littlehubs Service Fee” means Littlehubs portion of the Fees, which is payable to Littlehubs under this Agreement. Littlehubs will take a Service Fee for facilitating the child care Arrangement.
"Littlehubs Platform" means the Littlehubs website at http://www.Littlehubs .com.au, Littlehubs smartphone app, and any other affiliated platform that may be introduced from time to time.
"Littlehubs Service" means the service of providing the Littlehubs Platform.
"Business Partner Contract" means a contract between a Business Partner and a Littlehubs Child Carer to perform Business Services.
"Business Partner" means the business or individual that enters into an agreement with Littlehubs to acquire Business Services.
"Business Services" means Services provided by Littlehubs Child Carer to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer).
"Child Carer" means a User who provides Services to Families.
“Child Carer Services” mean the Services provided by Littlehubs Child Carer to the families in the arrangement. These would include:
· Sole Child Caring Services – caring for single or multiple children from the same family, educational and learning activities, basic cleaning and maintenance of the home, taking the children to activities, feeding and/or cooking meals for the children.
· Child Care Sharing Services – caring for single or multiple children, educational and learning activities, basic cleaning and maintenance of the home, taking the children to activities, feeding and/or cooking meals for the children.
· After School Care Services – including school pick up and transport to extra-curricular activities, support with homework, basic cleaning and maintenance of the home and feeding and/or cooking meals for the children.
“Child Carer Payment” means a payment made to a Child Carer in return for providing the Services.
"Child Carer Payment" means the Arrangement less any Fees.
"Consequential Loss" means any loss, damage or expense recoverable at law:
(a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
(b) which is a loss of:
a. opportunity or goodwill;
b. profits, anticipated savings or business;
c. data; or
d. value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
"Consumer Guarantees" means the consumer guarantees contained in Part 3-2 of the ACL.
"Escrow Account" means the escrow account.
"Escrow Provider" means an entity that manages the Escrow Account.
"Family" or “Families” means a User(s) that posts on the Littlehubs Platform in search of particular Services.
"Fees" means the total amount charged by Littlehubs for the provision of the Littlehubs Service. This includes, but is not limited to the Littlehubs Fee and the Child Carer Payment.
“Host” means the Family who provides the premises in which the Arrangement is conducted.
"Identify Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, Littlehubs Badges and Verification Icons.
“Intellectual Property” means any copyright, trademark, patent, or other intellectual property that vests in Littlehubs, including the names “Littlehubs”, “Littlehubs Pty Ltd” or any other name or trademark that vests in Littlehubs now or in the future.
"Marketing Material" means any updates, news and special offers in relation to Littlehubs or its Third Party Services.
“Booking Request” is given the same definition as provided in paragraph 1.ii of this document.
"Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
"Offer" means an offer made by a Parent in response to a proposed arrangement on the Platform.
"Reference" means a feature allowing a User to request other Users to post a reference on the Littlehubs Platform endorsing that User.
"Services" means the services to be rendered as described in the Arrangement, including any variations or amendments agreed before or subsequent to the creation of a Arrangement Contract.
"Arrangement" means the arrangement in which we provide a Child Carer to provide the Services to two or more Families who share the costs associated with the Services.
"Site" means the website at http://www.Littlehubs .com.au/.“Standard Hourly Rate Service Fees” is given the same definition as provided in paragraph 4.i of this document.
"Take Down Notice" means any such request for Littlehubs to remove content on the Littlehubs Platform due to a claim of copyright infringement.
"Third Party Dispute Service" means a third party dispute resolution service provider used to resolve any disputes between Users.
"Third Party Services" means the promotions and links to services offered by third parties as may be featured on the Littlehubs Platform from time to time.
"User" means the person who has signed up to use the Littlehubs Platform, whether as the Family, Littlehubs Child Carer, or otherwise.
"Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the Littlehubs Platform to confirm details internally verified by Littlehubs such as a User's qualification, license, certificate or other skill.
Rules of Interpretation:
In the Littlehubs Agreement and all Policies, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(d) a reference to A$, $A, dollar or $ is to Australian currency;
(e) a reference to time is to the time in New South Wales, Australia;
(f) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(g) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(h) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(i) headings are for ease of reference only and do not affect interpretation;
(j) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
(k) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.
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