Terms and Conditions

Mumma Co's Website and App and App is owned and operated by Mumma Co Pty Ltd (ACN 620 402 208 )("Mumma Co").

How our Website and App and App works

Mumma Co is a matching and payment service, and acts only as an introductory platform that is used by Clients and Sitters. Sitters create profiles and display their child minding services, skills and location on the Website and App so that Clients may search for Sitters based on location, and child minding requirements. We are not a childcare agency and while we look over each Sitter profile we do not screen our Sitters or verify the skills and/or experience described in their profile. It is the responsibility of every parent to perform due diligence in the screening and verification of any and all relevant information prior to employing a Sitter. Clients are wholly responsible for all aspects of selecting and booking a Sitter and Mumma Co accepts no liability to Clients for Sitters listed on the Website and App.

Definitions

The following definitions shall apply to the terms and conditions set out below which govern the use of this Website and our App.

"App" is an abbreviated form of the term application and refers to a software program that is designed to perform a specific function directly for the user.

"Client" means a person who registers with Mumma Co to access Sitter profiles and accesses occasional child minding services via the Website and App or App.

"Information" means details provided in profiles created by Clients and Sitters, statements, opinions and documents, contained in this Website and App.

"Intellectual Property" means all intellectual property rights of whatever nature anywhere in the world conferred under statute, common law or equity and includes rights in respect of or in connection with copyright, whether or not registered or registrable, and includes the right to apply for or renew the registration of such rights;

"Member Account" means approval of registration by Mumma Co for Clients and Sitters to access the Website and App introductory platform;

"Sitter" means a person who registers with Mumma Co to create and display their child minding services, skills and location of the Website and App and App;

"We", "us" , and "Our" means subsidiaries, affiliates of Mumma Co and their respective employees, agents and independent contractors;

"You" and "your" means the user of or visitor to the Website and App and App.

"Website and App" means the website https//mummaco.com.au or any other website owned or operated by Mumma Co and any links available from or within the Website and App. It does not include any external websites or links to external websites not belonging to or controlled by Mumma Co.

"Working with Children Check" refers to a full disclosure State/Territory wide check conducted by the relevant State/Territory based Child Protection Authority in each State/Territory in which the Sitter is offering occasional child minding services via the Website and/or App.

"Working with Children Card" refers to a card that is issued by the relevant State/Territory based Child Protection Authority as proof that a person has had a satisfactory Working With Children Check applicable to the State/Territory in which the Working with Children Card is issued.

"First Aid Certificate" refers to a current and valid statement of attainment in a recognised First Aid training program.

Cookies

Our Website and App uses cookies. By using our Website and App and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

Acceptance of terms and conditions

By using our Website and App, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Website and App. If you register with our Website and App, we will ask you to expressly agree to these terms and conditions.

Your access to and use of Website and App or App will be governed by these terms and conditions (the "Terms").Your use of the Website and App indicates that you have had sufficient opportunity to access these Terms and that you have read and accepted these Terms. You should immediately cease accessing and using this Website and App if you do not accept these Terms.

Mumma Co may change the Terms at any time. Such amendments will have effect on the date the amendments are posted on the Website and App. Your continued use of the Website and App or App after any changes are made to these Terms will be deemed to constitute your acceptance of those changes.

If you object to any changes to the Terms, or otherwise become dissatisfied with your membership, you should immediately discontinue your use of the Website and App and/or terminate your Membership.

The Information contained in our Website and App

The information contained in our Website and App is for general information purposes only. The information is provided by Mumma Co and while we endeavour to keep the information up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website and App or the information, products, services, or related graphics contained on the Website and App for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of our Website and App.

Through this website you may be able to link to other websites which are not under the control of Mumma Co. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep our Website and App up and running smoothly. However, Mumma Co takes no responsibility for, and will not be liable for, the Website and/or App being temporarily unavailable due to technical issues beyond our control.

Registration and Membership

In order to access the Website and App introductory platform, you are required to register for an account with Mumma Co ("Member Account").

If you are a Client, in order to create a Member Account, you are required to provide Mumma Co with:

  1. your personal information such as your name, address and phone number;
  2. an email address to be used as your username; and
  3. a password.

If you are a Sitter, in order to create a Member Account, you are required to provide Mumma Co with:

  1. Personal information such as your name and date of birth, your email address and your mobile number;
  2. An official government photo ID such as a copy of a driver's license or passport;
  3. A current and valid Working with Children Check Card issued by the relevant State/Territory based Child Protection Authority;
  4. A current and valid First Aid Certificate statement of attainment in a recognised First Aid training program which includes Cardiopulmonary Resuscitation (CPR) to Australian Resuscitation Council guidelines; and
  5. A recent headshot of acceptable quality to be used in your profile but that also allows a comparison with official government photo ID provided.
Registration Process

In order to process an application for registration with Mumma Co we will perform the following tasks:

  • Match the photo on the official government photo ID with the Sitter's profile headshot;
  • Ensure the name on the official government ID is the name on the Sitter's application;
  • Ensure the name on the official government ID is the name on the Sitter's Working with Children Check information provided;
  • Verify the validity of the Working with Children Check against the issuing state's database (New South Wales, Victoria and Queensland only);
  • Ensure the name on the official government ID is the name on the Sitter's name on the First Aid Certificate statement of attainment;
  • Verify the velidity of the First Aid Certificate statement of attainment;and
  • Verify that the email address and/or mobile number supplied by the Sitter is current and operational.

Once your registration application is submitted, Mumma Co will process your application as quickly as possible. Approval time can range from 24 hours to two (2) weeks.

Once you have completed the registration process you will be a registered member of the Website and App (the "Member") and you agree to be bound by the Terms. You warrant that any personal and/or registration information you provide to Mumma Co will always be accurate, correct and up to date.

To the fullest extent permitted by law, neither Mumma Co nor any of its affiliates or employees will be liable for any loss or damages of any kind, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website and App or with the use of any information contained herein or otherwise communicated to you by Mumma Co or any of this Website and App's users or members, for any reason whatsoever, including without limitation the use or inability to use this Website and App by any party, the failure to perform, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, loss of profit or income.

You understand that by supplying Mumma Co with your address, email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from Mumma Co in order to keep you informed about Mumma Co activities.

By registering for a Member Account, you represent and warrant to Mumma Co that:

  1. you have reached the legal age in your jurisdiction;
  2. you have the right, authority and capacity to agree to and abide by the Terms;
  3. you are currently living in Australia and have an Australian address as well as a current Australian working visa if registering as a Sitter on our Website and App;
  4. if you are registering with Mumma Co or using the Website and App on behalf of a business, that business is taken to have accepted the Terms and you are taken to have been duly authorised to bind the business; and
  5. you will use the Website and App in a manner consistent with any and all applicable laws, regulations and all other Mumma Co policies.
Stripe, Inc - Payment Facilitator

Mumma Co use Stripe, Inc (Stripe) as a third-party service provider for internet-based payment services to facilitate payments for transactions between Mumma Co, the Client and the Sitter.

In order to access and use of Website and App all parties must agree to be bound by Stripe’s Privacy Policy which is located at https://stripe.com/au/privacy.  By using the Website and App Clients and Sitters must consent and authorise Mumma Co and Stripe to share any information and payment instructions you provide with one another and, to the extent required to complete your transactions, with any third-party service provider(s). Clients and Sitters also agree to be bound by Stipe’s Services Agreement which is located at https://stripe.com/au/ssa.  Should you not agree to be bound by Strip’s Privacy Policy and/or Stripe’s Services Agreement you must cease using the Website and App immediately.

Access to Password Protected or Secured Areas

Access to and use of password protected or secured areas of this Website and App for Clients and Sitters is restricted to authorised users only. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this Website and App. You agree to accept responsibility for all activities that occur under your account or password. You must not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, or impersonate any person or entity.

Termination

Clients, Sitters and Mumma Co may terminate or close a Member Account at any time for any reason. Clients and Sitters may terminate or close a Member Account by providing written notification to Mumma Co by email. Mumma Co may, at any time, for any reasons, terminate your access to all or any part of the Website and/or App, with or without notice.

Your elected termination will be effective upon receipt of the notice of your intention to terminate by Mumma Co. Mumma Co will disable your profile as soon as reasonably practicable after receipt of notice.

Exclusion

Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.

Mumma Co excludes all implied terms, representations, warranties and guarantees, whether statutory or otherwise, arising under or in connection with this Website and App, the content or information provided on this Website and App, any other content or information otherwise communicated by Mumma Co or in respect of the services offered by Sitters or jobs posted by Clients.

Mumma Co does not accept any liability for any loss or damages resulting from your reliance on the information supplied on this Website and App or otherwise communicated by Mumma Co or any of this Website and App's members or users.

To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for the Services provided by Mumma Co.

You agree to indemnify Mumma Co or any of its affiliates or employees, for all liability suffered or incurred by Mumma Co or any of its affiliates or employees. This includes any loss, damage, cost or expense arising from or in connection with your use of this Website and App, your use of the content and information on this Website and App or otherwise communicated to you by Mumma Co, your conduct in connection with the use of this Website and App or any breach by you of the Terms.

Indemnity

You agree to indemnify Mumma Co and its officers, directors, employees, sub licensees, agents, affiliates, successors and assigns from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation lawyers' fees and court costs) which arise out of or relate to your use of the Website and App, including but is not limited to:

  1. any misuse of the Website or App by you, including and without limitation, any dishonest, inaccurate,
  2. incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
  3. any act or omission (including negligent acts or omissions) of the Sitter or Client in the performance or purported performance of any services provided or engaged as a result of this Website and App;
  4. your breach of the Terms;
  5. any activity which you engage on or through this Website or App.

This indemnity will survive termination of the Terms.

Mumma Co is not a party to any agreement between a Client and a Sitter

Clients hire Sitters directly. Mumma Co facilitates connections between Clients and Sitters. Mumma Co does not vet or recommend any of the Clients or Sitters listed on the Website and App. Mumma Co is not an employment agency and its only relationship with Clients and Sitters is via their membership of this Website and App.

Mumma Co is not a party to any agreement between a Client and a Sitter. Clients and Sitters must conduct their own due diligence and investigations and are wholly responsible for offering/accepting offers of employment from Clients and, if necessary, seeking legal or other professional advice before making or accepting an offer of employment or engagement.

Mumma Co accepts no liability or responsibility for accident, injury, loss, damage or misconduct sustained by Sitters, Clients or any other persons through employing or booking a Sitter through Mumma Co. The Client and the Sitter agree to exclude Mumma Co should any mishap occur.

Clients are the potential employers of Sitters and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish. These laws include but are not limited to applicable employment standards legislation and minimum wage laws, occupational health and safety legislation, and worker's compensation, superannuation and worker insurance or benefit programs.

Users are wholly responsible for understanding and complying with all applicable laws in relation to their hiring relationship. If the hiring relationship is deemed to be employment, then Clients must pay at least the minimum payment required in any relevant award, or the minimum award rate, as outlined at www.fairwork.gov.au . If
the hiring relationship is deemed to be contracting, then the Client and Sitter need to make appropriate arrangements.

Clients may be required to pay superannuation if a Sitter is working > 30 hrs/week in a childcare or domestic capacity. Clients and Sitters are solely responsible for compliance with superannuation and income taxation obligations arising through the use of our Website and App. Clients and Sitters should make independent enquiries and seek appropriate advice in relation to superannuation and taxation requirements and compliance.

Public Liability Insurance and/or Automobile insurance may be required by Clients and Sitters to cover accidents. Clients and Sitters are responsible for any and all incidents, accidents, injury or damages sustained as a result of engaging a Sitter through the Website. Clients and Sitters should make independent enquiries and seek appropriate advice in relation to insurance and liability relating to the provision of and use of babysitting services.

Under Workers Compensation legislation employers may be required to insure carers for Domestic Workers Compensation Insurance. Legislation varies from state to state and may be available as an extension to the employer's existing home and contents policy (provided the insurer is licensed to sell it). Clients and Sitters can contact WorkCover in their state for further information and are responsible for compliance with relevant rules and regulations relating to the provision of and use of babysitting services.

Some Clients may be able to claim a benefit if they use 'registered care'. Registration for benefits is through the Family Assistance Office and must meet certain requirements. For more information please contact www.familyassist.gov.au or call 13 61 50.

Client Acknowledgement

Clients acknowledge and agree that Mumma Co makes no warranty or representation (either express or implied) of any kind, to the fullest extent permissible by law, in respect of any matter, including, without limitation:

  1. in respect of the services offered and provided by Sitters, the fitness for purpose or suitability for you;
  2. the infringement of third party rights;
  3. the accuracy, completeness or quality of any of the content or information contained in this Website and App or otherwise communicated by Mumma Co or any member or user of this Website and App.
Sitter Acknowledgement

Sitters acknowledge and agree that Mumma Co makes no warranty or representation (either express or implied) of any kind, to the fullest extent permissible by law, in respect of any matter, including, without limitation:

  1. as to the suitability honesty and capability, character of any Clients.
  2. as to the quality, accuracy or completeness of the content on the Website or the information otherwise provided by any member.
  3. uninterrupted or error free access to the Website and/or App.
  4. as to the quality, safety, the fitness for purpose or suitability for you in respect of Client premises;
  5. the infringement of third party rights;
  6. the accuracy, completeness or quality of any of the content or information contained in this Website and App or otherwise communicated by Mumma Co or any member or user of this Website and App.
The Sitter acknowledges that Mumma Co:
  • reserves the right to de register/delete the Sitter profile for any reason without liability;
  • is not an employment agency and there is no employee/employer relationship between them;
  • cannot guarantee a set amount of referrals for Sitter bookings;
  • cannot guarantee the Sitter will gain any placements, the decision lies with the Clients; and
  • is not liable for any payment disputes between the Client and the Sitter.

The Sitter is aware and acknowledges that by providing babysitting services the Sitter could be held liable for personal injury or property damage. The Sitter acknowledges that he/she is solely responsible for seeking independent legal advice as to his/her legal obligations when using the Mumma Co Website and App. The Sitter is responsible for compliance with all legal requirements including but not limited to insurance regulations and coverage.

Copyright and intellectual property rights

Our Website and App contain material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, domain names, layout and look of our Website and App. We own the copyright which subsists in all creative and literary works displayed on the Website and App. Unless otherwise indicated, all intellectual property rights in the compilation of the Website and App (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us.

All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on our Website and App belong to Mumma Co and/or third parties (which may include you or other users). Nothing in the Terms grants you a right or license to use any trade mark, design right or copyright owned or controlled by Mumma Co or any other third party except as expressly provided in the Terms.

You acknowledge and agree that, we own all intellectual property rights in the Website and App, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your access to and use of the Website and App does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Website and App without the express written permission of Mumma Co.

You must not breach any copyright or intellectual property rights connected with the Website and App.

This includes but is not limited to:

  1. copy, reproduce, publicly display, translate or distribute in any way (including mirroring) the Website and App;
  2. altering or modifying any of the code or the material on the Website and App;
  3. causing any of the material on the Website and App to be framed or embedded in another website;
  4. creating derivative works from the content of the Website and App; or
  5. using the Website and App for commercial purposes
Links

There may be links from this Website and App which allow you to visit the Website and Apps of other companies. Neither these websites or the entities to whom they belong may be controlled by Mumma Co. Mumma Co makes no representation concerning the information provided in these websites nor the acceptability or quality of the products or services offered by the entities referenced in these websites. Mumma Co has not tested and makes no representations regarding the correctness, performance or quality of any software which may be found at these websites. You should research and make your own independent assessment of the risks which may be involved in accessing and using any software on the Internet.

Privacy

We are committed to protecting your privacy. Please read our Privacy Policy which is available on the Website and App. By agreeing to these Terms, you agree to accept our Privacy Policy.

Jurisdiction

Your use of the Website and App and any dispute arising out of your use of it is subject to the laws of Queensland and the Commonwealth of Australia. These Terms are governed by the laws of Queensland and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Queensland. The Website and App may be accessed throughout Australia and overseas. We make no representation that the Website and App complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website and App from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website and App.