Terms & Conditions

GOBI – TERMS AND CONDITIONS OF USE

GOBI Pty Ltd (ABN 610 462 087) trading as GOBI provides an online platform that connects Parents with Sitters and Sitters with Parents in their area (‘Services’). 

These Terms and Conditions of Use (‘Terms’) govern your access and use of the GOBI website and mobile applications (collectively, the ‘Site’).  These Terms form a binding legal agreement between GOBI, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Site. By using the Site, you agree to comply with, and be legally bound by these Terms, including our Privacy Policy. You also undertake to familiarise yourself with and comply with the Terms (as may be amended from time to time). In conjunction with these Terms, you should also access and read the information contained in the other pages and websites referred to in these Terms.  You agree that our Privacy Policy forms part of these Terms. Our Privacy Policy may be accessed here: [insert hyperlink to Privacy Policy].  Please read the Terms carefully. If you do not agree or are unable to be bound by these Terms, do not use the Site.

1.   Nature of our Services

The Site connects Parents with available Sitters in their area. GOBI is not an employment agency and does not employ or provide, refer, offer or seek to obtain employment opportunities for any of its members.

GOBI is based on the notion of trust and the unique in app functionality allows Parents to view, vet and create their own ‘circles of trust’ based on Sitters they have used previously or Sitters that have been rated by other Parents.

GOBI provides a platform for people to connect for the purpose of providing and or accessing babysitting services. GOBI is in no way responsible or liable for any content, including but not limited to data, text, information, graphics, images, photographs, profiles, audio, video, items, and links posted by any members.  Members are solely responsible for any tax, withholding or reporting and you indemnify GOBI for any such liabilities relating to the same.

GOBI is not involved in the transactions between members in any way. Therefore, GOBI has no control over the quality, safety, morality or legality of any part of a transaction for the provision of the Services, the truth or accuracy of a transaction for the provision of the Services, or the ability of members to provide the Services. GOBI cannot and does not guarantee that a member will complete any transaction for the provision of the Services.  GOBI cannot and does not guarantee the identity, details and legal status of a member.  Members are solely responsible for asking questions and investigating other members to the extent they feel is necessary before committing to a transaction for the provision of the Services.  All transactions for the provision of the Services are made voluntarily and at the sole discretion and risk of the members.

2.   Eligibility

Persons under 18 years of age are not eligible to use the Site without consent.  Members suspended from using the Site are not eligible to use the Site.  GOBI reserves the right to refuse, reject, cancel, interrupt, remove or suspend the use of the Site to anyone at any time for any reason without liability.

By registering to use the Site, you represent and warrant the following:

If a Parent:

·    All information you provide is accurate;

·    You provide a valid credit card for payment purposes; and

·    You agree to the Merchant’s Terms and Conditions.

 

If a Sitter:

·    You are at least 18 years of age;

·    You are legally allowed to work in Australia; and

·    You have authentic certifications – if you state that you have certain accreditations and or certifications (e.g. first aid) you must be prepared to provide these to a Parent upon request.

3.   Privacy Policy

The Privacy Policy on the Site sets out how GOBI collects, uses and protects your personal information.

4.    Amendment

These Terms may be amended from time to time, without prior notice. Your use of the Site following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms, before continuing your use of the Site.

5.   Online Registration

You can browse the Site without registering for an account (‘Account’), but to use some of the Site’s functions, you will need to register, choose an Account name, and set a password. When you do that, the information you give us has to be accurate and complete. Do not impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you do not follow these rules, we may cancel your Account.

Each person may have one (1) Account as a Parent and one (1) Account as a Sitter on the Site.

Basic information is required when registering on Site as a Parent or Sitter. Both Parents and Sitters are required to provide certain information including name, email address, and postal address.

Each member agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Each member agrees to provide additional information GOBI may reasonably request and to answer truthfully and completely any questions GOBI might ask in order to verify such member’s identity.  GOBI reserves the right to suspend or terminate your Account and your access to the Site if any information provided to us, proves to be inaccurate, not current or incomplete.

You are liable for all activity on your Account, including transactions made using your Account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorised such activities or actions.

You will immediately notify GOBI of any unauthorised use of your Account, any violations of the terms and conditions or alleged improprieties of members. You can contact us on contact@gobi.net.au or by clicking the “contact us” section on the Site.

Members are solely responsible for ensuring that any information they provide on the Site is lawful.  Members must ensure that they comply at all times with all applicable laws in Australia and other countries as relevant.

GOBI reserves the right, at any time and without prior notice, to remove or disable access to any profile for any reason, including Accounts that GOBI, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or the business of GOBI.

6.   Online Payments

There are no fees payable by either Parent or Sitters to download the Site App or complete their registration to use the Services.

All payments for the Services are processed online through our associated merchant account provider, Stripe. GOBI’s fee per booking is AUD $6.50. The charge is added to the overall cost of the Services once the job is complete. GOBI reserves the right to modify the booking fee at any time. GOBI does not store any credit card information.

The unique GOBI in-app functionality allows for accurate billing for each transaction for Services, i.e. when the Sitter arrives at the Parent’s home they swipe the in-app function indicating the ‘job has started and is in progress’ and when the transaction for Services is complete, the Sitter swipes the in-app function indicating that the ‘job has ended’.  The GOBI app then calculates the amount due for the Services for that duration. Please note that this only extends to a maximum of 30 minutes either side of the scheduled booking time e.g, if a parent returns home one hour after the scheduled end time the app will default and calculate to this end time and the remaining hour will need to be settled by an agreed alternative method by both parties. This default mechanism is to prevent a booking from failing to be closed in a timely manner. ti

Prior to arranging a transaction for Services, the Parent must authorise Stripe to charge their payment card in accordance with these Terms and Stripe’s terms and conditions (https://stripe.com/au/legal ).In addition, each Sitter is required to create a Stripe account in accordance with these Terms and Stripe’s Terms and conditions in order to receive payment.  Each Sitter will receive payment for the Services for any transaction completed in line with Stripe’s processing times once payment of the amount due for the Services for any transaction together with the applicable fees have been processed by Stripe.

Any Parent who registers their payment card details in accordance with these Terms and Stripe’s terms and conditions must be authorised to use the payment card to make the payment and must ensure that any payment will be honoured by the payment card issuer.  Furthermore any Parent agrees that they will maintain sufficient funds in their bank account to cover the cost of the Services provided for each transaction. GOBI may suspend an Account if the payment card information is expired or is otherwise invalid. 

Under no circumstances will GOBI be liable for an amount for Services for any transaction. 

7.   Refunds

There is no event in which any member shall be entitled to any refund of the fees or any other amounts which may become due and payable in relation to chargeable services or features of GOBI.

8.   Review

At the end of a transaction for Services the Parent must  rate the Sitter (5* rating scale) on the Site.

Additionally, Parents will have the opportunity to provide written reviews about Sitters they have transacted with. Reviews should not include any personal information about a Sitter that is not disclosed in the Sitter’s public profile. Reviews should be limited to a parent’s firsthand experience and should be based on facts. A Parent should not write personal, offensive comments or generalisations. We reserve the right to remove any Review that we feel on the basis of reasonableness violates these guidelines.

9.   Cancellation and Termination

Accounts may be cancelled by a member via the Site. In the event that either a Sitter or Parent cancels a confirmed transaction prior to its commencement there will be no financial penalty applied.

GOBI may, in our sole discretion, immediately suspend or terminate your Account and access to our Site if:

·    we are unable to verify or authenticate any information that a member has submitted to the Site;

·    there are allegations against a Parent or Sitter, including, but not limited to, theft, property damage, inappropriate behaviour, negligence, or other acts or omissions which would bring the Site into disrepute

10.   Copyright and Intellectual Property

GOBI’s Site contains material which is owned by or licensed to GOBI (or its affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, and look of the Site. GOBI and all material used in connection with the Site are unregistered or registered trademarks of GOBI.

Intellectual Property includes all code, algorithms, copyright, fees, pricing, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to GOBI (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms, goodwill in the business, trade, business company or organisation names, internet domain names, and Site content, images and layout.

Each member agrees that GOBI owns the copyright which subsists in all creative and literary works displayed in the Site and associated with the Services. The Site is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by GOBI.

Other trademarks, service marks, graphics and logos used in connection with the Site are the trademarks of their respective owners.

Our Intellectual Property may not be copied, imitated or used, in whole or in part, without the prior written permission of GOBI.

11.   Access

GOBI grants to each member a non-exclusive, non-transferable, revocable, limited right of access to the Site for the personal use of the member and in accordance with these Terms. All other rights are reserved by GOBI. Unless GOBI authorises the member in writing, the member is not permitted to use, copy, reproduce, modify, publicly perform or display, create derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part of the Site (including, without limitation, any screenshots, videos, documentation or manuals relating to the Site) except as strictly provided for in these Terms.

12.   Conduct

Each member acknowledges that certain behaviour is expected of the member and that it is a fundamental term of these Terms is that the member conduct themselves in a manner which is respectful of the other members and GOBI at all times, and in accordance with these Terms.

In connection with a member’s use of the Site, each member agrees and acknowledges that they will not:

·    register for more than one (1) Account as a Parent and one (1) Account as a Sitter or register for an Account on behalf of an individual other than themselves;

·    submit any false or misleading information;

·    as a Parent, contact any Sitters for any purpose that is not related to a Service;

·    do anything that affects the integrity or security of the Site, or causes or may cause harm, damage or unreasonable inconvenience to other members of the Site or GOBI.

If GOBI considers in its sole discretion that a member has breached this clause 12 of the Terms, or acted in a way which is contrary to the other members of GOBI, then GOBI may terminate the membership of the member.

13.   Disclaimers

GOBI does not endorse any Parent or Sitter. We require Parents and Sitters to confirm that they have provided accurate information.

GOBI cannot and does not control the content contained in any profiles or the condition, legality or suitability of any Sitter. Parents are responsible for determining the suitability of Sitters that they connect with via the Site.

GOBI accepts no responsibility for and makes no representations or warranties to any member or to any other person as to the reliability, accuracy or completeness of the information contained on the Site. GOBI disclaims any and all liability related to any and all Parents, Sitters, profiles and the Services

Members are obliged to perform any confirmed transaction for Services with another member. If a member is unable to perform any confirmed transaction for Services, the members must work together to reach a mutually satisfactory resolution. 

By using the Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Parents or Sitters or other third parties will be limited to a claim against the Parent or Sitter or other third party who caused you harm.  GOBI encourages you to communicate directly with the relevant Parent or Sitter on the Site regarding any communications or arrangements made between you and another member and to resolve any dispute between you and another member in a timely manner. You acknowledge that GOBI will play no role in the resolution of disputes between you and another Parent, Sitter or other third party who caused you harm.

Each member who uses the Site does so at their own risk. GOBI has no fiduciary duty to any member. The Site is provided on an "as is" and "as available" basis without any warranties, express or implied. Use of the Site is at member’s own risk.  GOBI excludes all express and implied conditions and warranties to the fullest extent permitted by law, including but not limited to:

·    GOBI does not warrant that the Site, the Services, content on the Site (including pictures, videos etc), or your access to the Site or the provision of Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to you will be free of viruses or any other harmful components;

·    GOBI takes no responsibility for, and will not be liable for, the Site, the provision of Services, members being unavailable or failing to meet their Account description, failing to meet your requirements, or of being less than merchantable quality; and

·    GOBI will not be liable for any loss or damage otherwise suffered by you or claims made against you, arising out of or in connection with the Site.

You agree not to attempt to impose liability on, or seek any legal remedy from GOBI with respect to such actions or omissions.

14.    Limitation of Liability

You are wholly responsible for your participation on the Site and you use the Site at your own risk. You acknowledge that GOBI is not responsible for, and excludes any and all liability that may arise out of or as a result of your use of the Site or any other members' use of the Site.

You are solely responsible for content that you transmit or post via the Site, or otherwise transmit to any member of the Site by any other means. GOBI excludes any and all liability with respect to, any content transmitted or posted on the Site, or otherwise transmitted to any member by any other means, by any person, including your reliance on such content.

Where any liability cannot be excluded, GOBI’s liability shall be strictly limited to the amount that is equal to the fees paid by a member for a particular transaction for Services.

Each member agrees that to the extent that such liability may be limited under the Laws of the Commonwealth of Australia, its States and Territories, GOBI shall not be liable for any special, direct or indirect incidental and/or consequential damages, including but not limited to any economic loss, loss of use of any goods or services, loss of use of any data or information however caused, or any liability of the member to any third parties.

15.   Indemnity

Each member shall indemnify and hold harmless GOBI, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents, at all times, from any and all actions, obligations, suits, claims, demands, proceedings, losses, damages, compensation, sums of money, costs (including solicitor and client costs), charges, debts, liabilities and expenses, both known and unknown, that may arise out of or are in any way related to events, acts, conduct, or omissions arising out of or in any way connected with your use of or access to the Site of the Services, including in tort, contract or negligence.

16.   Links to Third Party Sites and Advertisements

The Site may contain third party advertisements and links to third party websites or applications. Access to any other internet website or applications linked to the Site is at your own risk and GOBI accepts no responsibility for any loss or damages of any sort relating to member dealings on any third party websites or applications or for the accuracy or reliability of any information, data, opinions, advice or statements made in any third party advertisements or on any third party websites or applications.  GOBI encourages members to be aware of when they leave the Site, and to read the terms and conditions and privacy policy of any third party websites or applications the member visits.

17.   Governing Law and Jurisdiction

These Terms are governed by and are to be construed in accordance with the laws in force in Western Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Western Australia.

18.   Waiver

No right under the Terms is waived or deemed to be waived except by notice in writing signed by the party waiving the right.

A party does not waive its rights under these Terms because it grants an extension or forbearance to the other party.

19.   Survival 

These Terms shall be binding upon the heirs, executors, administrators and successors in title of the parties.

20.   Complaints

Any complaints regarding the Site or a member, and any suggestions should be submitted to GOBI via email to support@gobi.net.au.

21.   Entire Understanding

These Terms embody the entire understanding and agreement between the parties as to their subject matter and supersede all prior agreements and understandings between them in connection therewith.