Sittr Terms and Conditions
Last Updated: 1st July 2022.
General Terms and Conditions
1. Terms
- Sittr’s Website and App is owned and operated by Sittr Pty Ltd, a corporation incorporated in NSW, Australia (ACN 600 000 495 ) (“Sittr”).
- In this agreement the following terms are defined as follows:
-
“Intermediary”
refers to the relationship between Carers and Clients where Sittr acts as an intermediary by introducing Clients to Carers.
-
"Carer"
refers to any person offering child minding services via the Website or App, including services as a babysitter or nanny on an ad hoc, casual or regular basis.
-
"Client"
refers to any person(s), or family requesting child care services via the Website and includes the parents, guardians or carers of a child or any other person using the Website to find a Carer.
-
“Intellectual Property”
means all industrial and intellectual property rights of whatever nature throughout the world conferred on Sittr under statute, common law or equity, whether existing now or at any time in the future in relation to the Website or otherwise;
- all rights belonging to Sittr in respect of or in connection with copyright, inventions (including patents), formulae, databases, business processes and methods, trademarks, service marks, business names, trade names, domain names, designs, confidential information, trade secrets or otherwise;
- concepts, ideas, methods, methodologies and business methods developed in relation to the Website and App;
- the copyright subsisting in all documents and electronically stored files encompassing the things referred to in paragraphs (a) and (b);
- any invention, discovery, or right to apply for a patent, trade mark or design in relation to anything referred to in paragraphs (a), and (b); and
-
“Member”
or
“Membership”
refers to a Client or a Carer that has registered on the Website or App.
-
“Website”
refers to the domains of sittr.com, sittr.com.au, sittr.co.nz being the online medium by which the Sittr matching service is able to operate. This term includes website operations performed on these domains.
-
“App”
refers to an installed application on a smart phone, tablet or any other medium capable of running Sittr in its applicable form, which is available for download (via a service such as Apple App Store and Google Play).
-
“Overtime”
refers to any additional time (rounded to the nearest 30 minutes) that a Carer spends at a booking beyond the confirmed scheduled time.
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"Criminal Record Check"refers to a check of the Carer’s criminal convictions (if any).
-
"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 Carer is offering occasional child minding services via the Website 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 recognized First Aid training program that includes CPR, Asthma and Anaphylaxis training.
-
"Insurance"
refers to the public liability insurance policy that provides insurance cover (subject to the Policy Wording) for Carer services booked via the Website or App. No insurance cover is provided for Carer services that are not booked via the Website or App.
-
“you”, “your”
means the person using the Website or App.
2. Acceptance of these Terms and Conditions
- Your access to and use of Website or App will be governed by these terms and conditions (the
“Terms”).
- Sittr may change the Terms at any time. Such amendments will have effect on the date the amendments are posted on the Website and in the App and a notice has been emailed to you notifying you that amendments have been made. Your continued use of the Website 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 may immediately discontinue your use of the Website or App and/or terminate your Membership by following the process outlined in the Support section of the Website or App.
- Payment processing services for Carers on Sittr are provided by Stripe and are subject to the
Stripe Connected Account Agreement, which includes the
Stripe Terms of Service
(collectively, the “Stripe Services Agreement”). By agreeing to these terms and conditions or continuing to operate as a Carer on Sittr, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Sittr enabling payment processing services through Stripe, you agree to provide Sittr accurate and complete information about you and your business, and you authorize Sittr to share it and transaction information related to your use of the payment processing services provided by Stripe.
3. Membership Requirements
- In order to access the services provided by the Website or App, both Clients and Carers are required to register as Members.
- Membership to Sittr provides access to the Carer matching services available through the Website or App. Clients are able to create one profile that may be shared within their family. Carers are not permitted to create multiple profiles and must not share their Membership with other Carers or any other persons.
- Businesses and organisations, including childcare centre operators, nanny or babysitting agencies and recruitment companies are not permitted to register as Clients or Carers on the Website or App. The Website or App is for the personal use of individual members only.
- The Website or App must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails without the express consent of Sittr.
- When registering with Sittr, Members must provide accurate, complete and up-to-date information as requested. All information Members provide will be treated in accordance with our
Privacy Policy.
- Members are required to provide Sittr with their contact details including:
- Email address
- Phone number
- Residential address
- Members are responsible for maintaining the confidentiality and security of their own login and password details.
- Members are wholly responsible for all activities that occur under their login and password.
- Members agree to immediately notify Sittr of any unauthorised use of their login or password.
- Members must ensure that they exit from their account at the end of each session.
- Sittr may at any time request a form of identification to verify the identity of a Member or compliance by a Member of these terms.
- You must use the Website and the App for lawful purposes only, including, but not limited to complying with the Spam Act 2003 (Australia) and the Unsolicited Electronic Messaging Act 2007 (New Zealand).
4. How the site works
- Sittr is a matching and payment service, and acts only as an Intermediary between Clients and Carers.
- Carers create profiles and display their child minding services, skills and location on the Website and App so that Clients may search for babysitters based on location, and child minding requirements.
- Sittr is not an employment agency and is not involved in any employment of Carers by Clients.
- Sittr accepts no liability to Clients for Carers listed on the Website or App. Clients are wholly responsible for all aspects of selecting, booking and using a Carer.
- Members are wholly responsible for complying with all applicable laws in relation to their employment relationship. Sittr is not responsible for the conduct of any Member using the Website or App, either online or offline.
5. Conduct
- Members agree not to transmit any material during the course of their membership that is:
- unlawful;
- harmful or threatening;
- defamatory;
- obscene;
- in breach of any third party right (including intellectual property rights); or
- harassing, abusive or discriminatory.
- Members agree not to engage in any activity that:
- facilitates any illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, ethnicity, gender, religious beliefs, sexual orientation or disability; or
- is illegal or causes injury or damage to any person or property
- If Members experience problems with other Members on the website and would like to make a complaint, Members must follow Sittr’s “Dispute Resolution Process” set out in our Dispute Resolution Process below (clause 8).
6. Intellectual Property
Members agree, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties, not to copy, modify, duplicate, create adaptations or derivative works from, republish, display, transmit or distribute all or any portion of any Intellectual Property on or in the Website or App in any form.
Title to, and all Intellectual Property in, the Website and the App, and all related and underlying systems is and remains the property of Sittr (and its licensors). Members must not dispute that ownership.
7. Complaints, Feedback and Account Suspension
- All Members (both Clients and Carers) have the ability to post feedback and ratings through the Website or App or submit a complaint to Sittr.
- When posting feedback, Members must adhere to conduct requirements referred to in clause 5 of these Terms.
- Sittr reserves the right to publish feedback on the website, or anywhere else, at its sole discretion.
- Sittr reserves the right to remove any feedback published on the website without notice or warning and may suspend or terminate a membership account for any breaches to the “Conduct” clause of these Terms.
- If a Member finds material, content or feedback on the Website or App which they believe breaches the “Conduct” clause of these Terms, the Member agrees to follow the Dispute Resolution Process as outlined in Clause 8 (clause 8) of these Terms.
- Sittr reserves the right to suspend a membership in the event that:
- it is assessing a complaint in accordance with the Dispute Resolution Process;
- there is a pending dispute with another member, Sittr or any other third party;
- the Member receives feedback that brings, or is likely to bring, Sittr into disrepute;
- the Member receives consistent negative feedback that Sittr, in its sole discretion, does not believe to be reflective of reasonable conduct of a Member in the circumstances.
- If a Member is suspended he/she may have their profile removed from the Website and App until a notification is provided in writing that the Member’s suspension has ended.
- During a complaints procedure, term of suspension, or any other time, Sittr may conduct an investigation into the conduct of any Member.
- If a Membership termination results for any reason, Sittr is under no obligation to reinstate the Membership.
- In addition to breach of the “Conduct” clause in these Terms, Sittr reserves the right to suspend or terminate a membership for any conduct that it considers to be inappropriate or unjustified.
8. Disputes and Dispute Resolution Process
- Members are encouraged to resolve any disputes between themselves in an appropriate manner through the communication channels available on the Website or App.
- If a dispute cannot be resolved between Members and a written dispute notice is provided to Sittr within 24 hours of the unresolved dispute, Sittr will mediate the dispute and make a final decision on a resolution.
- If a Member wishes to make a complaint for any reason they are required to follow the Dispute Resolution Process as set out below:
- Members must submit any complaint or dispute by contacting the Dispute Centre via email at support@sittr.com. Members must outline their complaint or dispute in appropriate details and include written correspondence/examples of feedback where available.
- Once the dispute is submitted it will be reviewed by a Sittr team member within 24-48hrs of receipt of the submission. Where a complaint is urgent, please indicate this in the written description of your complaint so that a team member can respond as quickly as possible. The Sittr team member may contact either party for additional information.
- The Sittr team member will make a final decision on the matter.
9. Termination
- Sittr may terminate a membership immediately at any time on reasonable grounds by providing written notice to that Member.
- Sittr may terminate a membership for any breach of these Terms or if Sittr otherwise believe that a Member is acting unreasonably or is unfit to remain a Member of the Website
- Sittr also reserves the right to, without limitation, do any or all of the following in relation to your membership:
- suspend your membership;
- permanently or temporarily hide all or part of your profile;
- modify your profile;
- deactivate your membership if you have not used the Website or App for a period of 18 months or more (from the date of last use); and/or
- permanently or temporarily block your access to all or part of the Website and App.
- A Member may terminate their membership at any time by following the process outlined in the Support section of our Website or App.
- Termination of a membership does not affect each party’s rights and obligations accrued before the termination date.
10. Warranties
- Warranties Applicable to all Members
- Sittr make no warranties or representations as to the quality, accuracy or completeness of the content on the Website or App or the information otherwise provided by any Member.
- Sittr uses reasonable endeavours to ensure that the Website and App are available 24 hours a day, however Sittr does not make any representations or warranties that your access will be uninterrupted or error free. Access to the site may be suspended temporarily without notice in the case of system failure, web hosting errors, maintenance or repair or any reason beyond our control.
- Warranties Applicable to Bookings Made in Australia
- While Sittr verifies the Working With Children Check and verifies First Aid qualifications of all Carers prior to membership confirmation, no warranty is given for suitability, including but not limited to honesty, capability or character of any Carer.
- Warranties Applicable to Bookings Made in New Zealand
- While Sittr assesses the Criminal Record Check and verifies First Aid qualifications of all Carers prior to membership confirmation, no warranty, guarantee or representation is given for suitability, including but not limited to honesty, capability or character, of any Carer.
- Nothing in these Terms affects any rights you may have under the Consumer Guarantees Act 1993 (NZ).
11. Liability and Acceptance of Risk
- Members are wholly responsible for their participation on the Website or App and Members use the Website or App at their own risk.
- Members acknowledge that Sittr is not responsible for, and accepts no liability in relation to, Members use of the Website or App or Members conduct in connection with the Website or App (whether online or offline), or any other members' use of, or conduct in connection with the Website or App (whether online or offline), in any circumstance.
- Members are solely responsible for content that you transmit or post via the Website or App, or otherwise transmit to any member of the Website or App by any other means. Sittr disclaims all liability with respect to any content transmitted or posted on the Website or App, or otherwise transmitted to any Member by any other means, by any person, including Members reliance on such content.
- To the maximum extent permitted by law, Sittr excludes all implied representations and warranties which might apply in relation to Members use of the Website or App.
- Sittr’s maximum aggregate liability to a Member under or in connection with these Terms, the Website or the App, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not exceed the total amount paid by the Member (if any) for any chargeable service or feature on the Website or App purchased by the Member during the term of her or his Membership.
- In no circumstances will Sittr be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort (including negligence), contract or otherwise.
- By using the Sittr Website or App Members expressly authorise Sittr to collect and publish information about them as detailed in these Terms and Members expressly waive any rights, whether in statute or at common law, to bring any legal action against Sittr Pty Ltd as a result of Sittr's publication of such information, whether the Member considers that information to be fair and accurate or not.
- Members agree to indemnify Sittr for any loss, damage, cost or expense that Sittr may suffer or incur as a result of or in connection with Members use of the Website or App or Members conduct in connection with the Website or App, including any breach by Members of these Terms.
- The Sittr Website or App may contain links to third party advertisements and links to third party sites. Access to any other Internet site linked to the Sittr Website or App, is at Members own risk. Sittr accepts no responsibility for the accuracy or reliability of any information, opinions, or statements made in any third party advertisements or on any third party sites.
- Sittr is not liable to the Client or the Carer for any failure to perform its obligations under these Terms to the extent caused by an event that is beyond Sittr’s reasonable control.
For Clients
12. Client Obligations
- All bookings and payments between Clients and Carers must be made using the Website or App. All correspondence must be conducted via Members’ profiles and the messaging service on the Website or App. Alerts will also be sent to Members’ personal email addresses and/or via the App.
- The Client agrees that the number of hours will be submitted by the Carer at the end of the booking and the Client will be charged in accordance with the hourly rate set out in clause 13 (clause 13). If a Carer is required for more hours than initially agreed, such Overtime will be charged as per the applicable hourly rate.
- The Client agrees that payment for a booking is required 48 hours prior to a booking or at the time of Carer confirmation if the booking is made less than 48 hours before the start time. The Client understands that at this time their credit card will be charged automatically, with the funds being held by Sittr until payment is made to the Carer after completion of the booking.
- Clients acknowledge and agree to their credit cards being pre-authorised by Sittr upon confirmation of their membership and prior to booking their first Carer.
- Clients acknowledge and agree that in the event that a credit card payment fails for any reason the booking will be cancelled.
- The Client understands and agrees that the Client must ensure the health and safety of Carers while the Carers are providing services booked through Sittr. Providing a safe and healthy environment for the Carers is the sole responsibility of the Client, who bears all risks and liabilities in respect of injury or death.
- Sittr strongly recommends that Clients update their Home and Contents Insurance to reflect the possibility of accidental or negligent property damage. Under no circumstances will Sittr be liable for any property damage, personal injury, illness or death caused by the actions or omissions of a Carer booked through Sittr.
- In circumstances where Sittr (in its absolute discretion) believes that there is sufficient negative feedback or any feedback of a concerning nature regarding the Client, Sittr reserves the right to block the Client’s profile from Sittr without notice.
- Clients understand that Carers may, in their absolute discretion, choose to decline a booking. Sittr is a matching service and Clients understand and acknowledge just as they choose which Carer to request a booking with, Carers may also choose which bookings to accept.
- The Client understands that they are engaging a Carer as an independent contractor. The Client understands that the independent contractor relationship is exclusively between the Client (as Principal) and the Carer (as Contractor). Sittr is not a party to this relationship and bears no responsibilities in respect of that independent contractor relationship.
- Clients should obtain their own tax advice with respect to their employment tax obligations (if any) in respect of engaging a Carer via Sittr.
- The Client understands that these terms constitute the written terms of the independent contractor agreement that exists between each Client and Carer.
- The Client agrees to make themselves reasonably available by phone during a scheduled booking so that they may be contacted in the event of an emergency.
13. Fees
- Fees are payable in the national currency of the booking location.
- Clients understand that in no circumstances will Carers be dispatched without payment being successfully received by Sittr.
- Carers will provide Sittr with a ‘Completion Confirmation’ to confirm the booking was successful and advise Sittr of the total length of time of the booking. If a booking goes for longer than the scheduled time, additional fees will be charged (in 30 minute increments) to the Client’s credit card.
- A fee surcharge may apply for public holidays or any hours logged by a Carer after midnight.
- Refer to Sittr's Pricing Page for up to date fees by country.
14. Cancellation Policy
- If a cancellation of the Carer is made by the Client more than 24 hours before the scheduled commencement time, 100% of the fees paid by the Client will be refunded.
- If a cancellation of the Carer is made by the Client within 24 hours of the scheduled commencement time, a minimum of 50% of the fees will be charged to the Client and forwarded onto the Carer.
- If the Client fails to cancel a Carer more than 1 hour before the commencement time the fees paid by the Client will not be refunded.
- If a Carer cancels the booking before the commencement time, the Sittr Refund Policy, at clause 15 (clause 15) of these Terms, will apply.
- Sittr cannot be held responsible for cancellations or no-shows by a Carer.
- Sittr reserves its rights to cancel any babysitting services immediately if it considers a Carer has been mistreated, found to be working in an unsafe or unhealthy environment or is harmed in anyway. Clients understand that there will be no refund in these circumstances.
- Refunds and Guarantee
- Clients understand that Sittr is a matching service only and cannot control the availability of the Carers listed on the Website or App.
- In circumstances where a Carer cancels within 8 hours of a confirmed commencement time, Sittr will endeavour to provide a replacement Carer if possible. In the event a suitable replacement cannot be found for the booking time, the Sittr Refund Policy will apply.
15. Refund Policy
- In the event that a Carer fails to show up for a confirmed booking, for any reason, without providing a cancellation notice, a 100% refund will be provided.
- If a Carer cancels a confirmed booking at any time prior to the booking commencement time, a 100% refund will be provided.
- If a Client cancels a confirmed booking within 24 hours of the scheduled commencement time, 50% of the fees paid by the Client will be refunded.
- If the Client fails to cancel a Carer more than 1 hour before the commencement time the fees paid by the Client will not be refunded.
- In circumstances where a confirmed Carer arrives late, Clients will be provided with two available options:
- A refund (based on 30 minute increments) may be provided for the time that the Carer was absent; or
- On mutual agreement between the Client and Carer, the Client may extend the finish time to accommodate the late arrival, in which case no refund will be provided.
- In circumstances where Clients arrive home early and a booking finishes before its scheduled time, no refund will be given.
- In circumstances where Clients arrive home early at the request of the Carer, a partial refund will be provided based on the actual number of hours that the Carer worked.
- In circumstances where Clients arrive home to end the booking later than scheduled, Carers will record this when confirming the end of their booking with Sittr and the overtime (based on 30 minute increments) will be charged to the Client’s credit card.
- A refund will not be applied in circumstances of unreasonable, unsafe or unhealthy working conditions, change of location by the Client after booking confirmation, change of job description after booking confirmation, or if Sittr believes the Carer has been mistreated in any way or is at risk of being in an unsafe or unhealthy work environment.
For Carers Located in Australia
16. Carer Membership Requirements and Obligations
- Carers must be aged 18 and over and be legally able to work in Australia in order to register with Sittr. Carers will be required to submit personal details including, but not limited to, photo identification, details of a current Working With Children Check and a copy of a First Aid Certificate. Once Sittr has validated these details, the Carer will be listed as an “Approved” Carer on Sittr.
- All communications and bookings must be made between you (the Carer) and the Client via the Website or App. Carers will be sent all booking requests through the Website or App.
- Once a booking is confirmed it is your responsibility to ensure that you are able to make yourself available to attend the scheduled booking.
- The Carer agrees to attend the location, date and time on which they have been booked by a Client.
- The Carer agrees that only Carers that are approved by Sittr, and no other person, may attend the location during the booking period. Failure to adhere to this requirement will void any Insurance coverage for the booking and will result in the suspension of the Carer’s account.
- Carers understand that a cancellation, late arrival or failure to arrive to a confirmed booking will likely result in negative ratings and feedback being provided by the Client. Sittr accepts no responsibility for negative ratings in any circumstances and will not change any negative ratings that result from cancellations, late arrivals or no-shows.
- As a requirement of registration, Carers must provide photo identification and must also undertake and pass the process required to Sittr’s reasonable satisfaction in order to be approved as a Carer by Sittr. This includes obtaining a Working With Children Check and relevant First Aid training.
- As a condition of Membership, Carers may only have one Membership account and only the person whose identification details have been provided may access the Membership using the Website or App.
- The Carer understands that they are an independent contractor entering into a direct agreement with the Client and the Carer must abide by all statutory and other obligations of such an agreement. The Carer understands and agrees that the independent contractor relationship exists exclusively between the Client (as Principal) and the Carer (as Contractor). Sittr is not a party to this relationship and bears no responsibilities or liabilities in respect of that independent contractor agreement.
- The Carer understands that these Terms constitute the written terms of the contractor agreement that exists between each Client and the Carer.
- As a contractor, the Carer understands that the Carer bears the onus of responsibility in respect of recording any income received through the services provided by Sittr, the necessary disclosures of such income and of applicable taxes to the appropriate Government departments.
17. Payment of Fees from Sittr to the Carer
- The standard hourly rate of fees to be paid to a Carer is AUD $27.00 per hour (“Standard Hourly Rate of Fees”) with Sittr retaining AUD $5.00 (inclusive of GST (if any)) of the AUD $32.00 fee charged to the Client.
- The standard daily rate of fees to be paid to a Carer is AUD $216.00 per day (“Standard Daily Rate of Fees”) with Sittr retaining AUD $34.00 (inclusive of GST (if any)) of the AUD $250.00 fee charged to the Client. The daily rate is only applicable for bookings of up to 8 hours, Monday through Friday, excluding public holidays in the location of the booking. Additional hours are charged at the Standard Hourly Rate of Fees.
- Carers agree that payment is to be held by Sittr from the time of confirmation until completion of the scheduled booking is recorded. At no time should a Carer receive payment directly from a Client.
- At the completion of a scheduled booking, Carers must log in to the Website or App and confirm the actual length of the booking. If a booking is shorter than the scheduled booking length, then the Carer must provide a reason for this.
- In the event that a booking is longer than the scheduled time, Carers will be paid a proportion of the Standard Rate of Fees (based on 30-minute increments) for the additional time spent at the Clients location. This additional time must be recorded when confirming the completion of a booking on Sittr.
- Once Carers have completed a booking and recorded its completion on Sittr accordingly, Sittr will process payment into the bank account provided by the Carer.
18. Cancelling a Booking made by a Client
- If a Client cancels a confirmed booking within 24 hours of the commencement time, Carers will receive 50% of their scheduled fee.
- If a booking is cancelled less than 1 hour before or during or after the scheduled booking, Carers will receive full payment as if the booking went ahead as scheduled.
- In the event of a cancellation of a confirmed booking by the Carer, under no circumstances will payment for services be provided to a cancelling Carer.
For Carers Located in New Zealand
19. Carer Membership Requirements and Obligations
- Carers must be aged 18 and over and be legally able to work in New Zealand in order to register with Sittr. Carers will be required to submit personal details including, but not limited to, photo identification, a current Criminal Record Check that is satisfactory to Sittr, and a copy of a First Aid Certificate. Once Sittr has validated and is reasonably satisfied with these details, the Carer will be listed as an “Approved” Carer on Sittr.
- All communications and bookings must be made between you (the Carer) and the Client via the Website or App. Carers will be sent all booking requests through the Website or App.
- Once a booking is confirmed it is your responsibility to ensure that you are able to make yourself available to attend the scheduled booking.
- The Carer agrees to attend the location, date and time on which they have been booked by a Client.
- The Carer agrees that only Carers that are approved by Sittr, and no other person, may attend the location during the booking period. Failure to adhere to this requirement will void any Insurance coverage for the booking and will result in the suspension of the Carer’s account.
- Carers understand that a cancellation, late arrival or failure to arrive to a confirmed booking will likely result in negative ratings and feedback being provided by the Client. Sittr accepts no responsibility for negative ratings in any circumstances and will not change any negative ratings that result from cancellations, late arrivals or no-shows.
- As a requirement of registration, Carers must provide photo identification and must also undertake and pass the process required to Sittr’s reasonable satisfaction in order to be approved as a Carer by Sittr. This includes obtaining satisfactory Criminal Record Check and relevant First Aid training.
- As a condition of Membership, Carers may only have one Membership account and only the person whose identification details have been provided may access the Membership using the Website or App.
- The Carer understands that they are an independent contractor entering into a direct agreement with the Client and the Carer must abide by all statutory and other obligations of such an agreement. The Carer understands and agrees that the independent contractor relationship exists exclusively between the Client (as Principal) and the Carer (as Contractor). Sittr is not a party to this relationship and bears no responsibilities or liabilities in respect of that independent contractor agreement.
- The Carer understands that these Terms constitute the written terms of the contractor agreement that exists between each Client and the Carer.
- As a contractor, the Carer understands that the Carer bears the onus of responsibility in respect of recording any income received through the services provided by Sittr, the necessary disclosures of such income and of applicable taxes to the appropriate Government departments.
20. Payment of Fees from Sittr to the Carer
- The standard hourly rate of fees to be paid to a Carer is NZD $23.00 per hour (“Standard Hourly Rate of Fees”) with Sittr retaining NZD $5.00 (inclusive of GST (if any)) of the NZD $28.00 fee charged to the Client.
- The standard daily rate of fees to be paid to a Carer is NZD $184.00 per day (“Standard Daily Rate of Fees”) with Sittr retaining NZD $36.00 (inclusive of GST (if any)) of the NZD $220.00 fee charged to the Client. The daily rate is only applicable for bookings of up to 8 hours, Monday through Friday, excluding public holidays in the location of the booking. Additional hours are charged at the Standard Hourly Rate of Fees.
- Carers agree that payment is to be held by Sittr from the time of confirmation until completion of the scheduled booking is recorded. At no time should a Carer receive payment directly from a Client.
- At the completion of a scheduled booking, Carers must log in to the Website or App and confirm the actual length of the booking. If a booking is shorter than the scheduled booking length, then the Carer must provide a reason for this.
- In the event that a booking is longer than the scheduled time, Carers will be paid a proportion of the Standard Rate of Fees (based on 30-minute increments) for the additional time spent at the Clients location. This additional time must be recorded when confirming the completion of a booking on Sittr.
- Once Carers have completed a booking and recorded its completion on Sittr accordingly, Sittr will process payment into the bank account provided by the Carer.
21. Cancelling a Booking made by a Client
- If a Client cancels a confirmed booking within 24 hours of the commencement time, Carers will receive 50% of their scheduled fee.
- If a booking is cancelled less than 1 hour before or during or after the scheduled booking, Carers will receive full payment as if the booking went ahead as scheduled.
- In the event of a cancellation of a confirmed booking by the Carer, under no circumstances will payment for services be provided to a cancelling Carer.
Sittr Privacy Policy for All Members (Excluding New Zealand)
Sittr Pty Ltd (Sittr, we, us, our) is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at
www.aoic.gov.au
1. What Personal Information do we collect and how do we use it?
Sittr collects your your name, phone number, residential address and email address (“Personal Data”) and may use your information for the following purposes:
- to provide you information about a product or service;
- to consider your request for a product or service;
- to tell you about other products or services;
- to assist in arrangements with other organisations (such as loyalty partners) in relation to the promotion and provision of a product or service;
- to perform administrative and operational tasks; and
- as required by relevant laws, regulations, codes and external payment systems.
If you do not provide some or all of the information requested, Sittr may be unable to provide you with a complete and accurate service.
You are able to opt out of any direct marketing communication we may send you by following the procedure in that communication.
Individual profile and personal contact details are not used for any purpose other than as reasonably necessary for the services provided by the Website, as permitted under the Act, or as otherwise authorised by you. The services provided by the Website require the disclosure of certain personal information to allow members to engage with the babysitter matching services offered by Sittr.
Some personal details will be available for viewing by other members on the Website, such as your first name and suburb location. Other personal details, such as residential address will only be available to Members in the event of a confirmed booking and for the purpose of performance of services.
2. How to keep your Personal Information up to date?
Personal contact details stored on the website such as your email address, residential address and phone number may be accessed and updated by you at any time.
Any changes to your personal details will be stored on our Website and App and your most recent changes will be used as your current and up to date contact information. You may update your personal information through updating your profile on the Website or in the App.
If you are experiencing problems when updating your contact details, you may contact Sittr directly to ask for your personal details to be updated.
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
We will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your personal information, we may require identification from you before releasing the requested information.
3. Disclosure of Your Personal Information
Your Personal Data will be disclosed to other Members of the Site in accordance with this policy.
For Carers, we will disclose your name and Working With Children Check application/reference number with the relevant Government Agency in order to validate the status and authenticity of your check in order for you to set up a profile in accordance with our Terms and Conditions.
For Carers, we will disclose your name along with your booking history to our insurance provider so that you can be added to the Sittr Insurance Policy.
For Carers, we will disclose your name, address, bank account and identity document details with our payments provider so that you can receive payment for your services.
We may from time to time need to disclose certain information, which may include your personal information, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. Some of our service providers may be outside Australia and may not be subject to the Act.
If there is a change of control of Sittr (whether by merger, sale, or otherwise), or a sale or transfer of its assets, customer information, which may include your personal information, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction.
Third Parties
Sittr does not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of services we have engaged or to protect the rights, property or safety of Sittr Pty Ltd, its customers or third parties or if required by law.
Sittr may, however, use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
Cookies & Website Analytics
To improve your experience on our Website, we may use 'cookies'. Cookies are an industry standard and most major web sites use them. A cookie is a small text file that our site may place on your computer as a tool to remember your preferences. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
Our Website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of such other sites. When you go to other websites from here, we advise you to be aware and read their privacy policy.
Our Website and App uses Google Analytics, a service which transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage.
By using this website, you consent to the processing of data about you by Google in the manner described in
Google's Privacy Policy
and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the
opt-out service provided by Google.
Sittr also uses interfaces with social media sites such as Facebook, LinkedIn, Twitter and others. If you choose to "like" or "share" information from this website through these services, you should review the privacy policy of that service. If you are a member of a social media site, the interfaces may allow the social media site to connect your visits to this site with other personal information.
4. Security
We use Amazon Web Services based in the United States to store your Personal Information. All access is authenticated and access methods are encrypted. The servers we used are protected with firewalls.
While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.
5. Unsolicited Information
If Sittr receives any unsolicited personal information it will immediately destroy such information unless it would have been entitled such information.
6. Changes to our Privacy Policy
As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.
If you have any questions or concerns at any time about our privacy policy or the use of your personal information, please contact us at
support@sittr.com.
Sittr Privacy Policy for New Zealand Members
Sittr Pty. Ltd (Sittr, we, us, our) complies with the New Zealand Privacy Act 1993 (the Act) when dealing with personal information. Personal information is information about an identifiable individual (a natural person).
This policy sets out how Sittr will collect, use, disclose and protect your personal information.
This policy does not limit or exclude any of your rights under the Act. If you want further information on the Act, see
www.privacy.org.nz
1. What Personal Information do we collect and how do we use it?
Sittr collects your your name, phone number, residential address and email address (“Personal Data”) and may use your information for the following purposes:
- to provide you information about a product or service;
- to consider your request for a product or service;
- to tell you about other products or services;
- to assist in arrangements with other organisations (such as loyalty partners) in relation to the promotion and provision of a product or service;
- to perform administrative and operational tasks; and
- as required by relevant laws, regulations, codes and external payment systems.
If you do not provide some or all of the information requested, Sittr may be unable to provide you with a complete and accurate service.
You are able to opt out of any direct marketing communication we may send you by following the procedure in that communication.
Individual profile and personal contact details are not used for any purpose other than as reasonably necessary for the services provided by the Website, as permitted under the Act, or as otherwise authorised by you. The services provided by the Website require the disclosure of certain personal information to allow members to engage with the babysitter matching services offered by Sittr.
Some personal details will be available for viewing by other members on the Website, such as your first name and suburb location. Other personal details, such as residential address will only be available to Members in the event of a confirmed booking and for the purpose of performance of services.
2. How to keep your Personal Information up to date?
Personal contact details stored on the website such as your email address, residential address and phone number may be accessed and updated by you at any time.
Any changes to your personal details will be stored on our Website and App and your most recent changes will be used as your current and up to date contact information. You may update your personal information through updating your profile on the Website or in the App.
If you are experiencing problems when updating your contact details, you may contact Sittr directly to ask for your personal details to be updated.
Subject to certain grounds for refusal set out in the Act, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.
In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.
If you want to exercise either of the above rights, email us at
support@sittr.com. Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).
We may charge you our reasonable costs of providing to you copies of your personal information or correcting that information.
3. Disclosure of Your Personal Information
Your Personal Data will be disclosed to other Members of the Site in accordance with this policy.
For Carers, we will disclose your name along with your booking history to our insurance provider so that you can be added to the Sittr Insurance Policy.
For Carers, we will disclose your name, address, bank account and identity document details with our payments provider so that you can receive payment for your services.
We may from time to time need to disclose certain information, which may include your personal information, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. Some of our service providers may be outside New Zealand and may not be subject to the Act.
If there is a change of control of Sittr (whether by merger, sale, or otherwise), or a sale or transfer of its assets, customer information, which may include your personal information, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction.
Third Parties
Sittr does not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of services we have engaged or to protect the rights, property or safety of Sittr Pty Ltd, its customers or third parties or if required by law.
Sittr may, however, use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
Cookies & Website Analytics
To improve your experience on our Website, we may use 'cookies'. Cookies are an industry standard and most major web sites use them. A cookie is a small text file that our site may place on your computer as a tool to remember your preferences. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
Our Website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of such other sites. When you go to other websites from here, we advise you to be aware and read their privacy policy.
Our Website and App uses Google Analytics, a service which transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage.
By using this website, you consent to the processing of data about you by Google in the manner described in
Google's Privacy Policy
and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the
opt-out service provided by Google.
Sittr also uses interfaces with social media sites such as Facebook, LinkedIn, Twitter and others. If you choose to "like" or "share" information from this website through these services, you should review the privacy policy of that service. If you are a member of a social media site, the interfaces may allow the social media site to connect your visits to this site with other personal information.
4. Security
We use Amazon Web Services based in the United States to store your Personal Information. All access is authenticated and access methods are encrypted. The servers we used are protected with firewalls.
While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.
5. Unsolicited Information
If Sittr receives any unsolicited personal information it will immediately destroy such information unless it would have been entitled such information.
6. Changes to our Privacy Policy
As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.
If you have any questions or concerns at any time about our privacy policy or the use of your personal information, please contact us at
support@sittr.com.