Terms of Use

Terms and Conditions:
At On Mountain Babysitting (OMB) your online user experience is priority and it is important that you read and understand these terms and conditions prior to using this platform. From time to time these terms and conditions may be updated, so it’s important to remember to check back in every now and again. 
 
Definitions:
The site www.onmountainbabysitting.com.au is supplied to online members by ON MOUNTAIN BABYSITTING ABN: 71936141725.
The terms “you’ “your” “user” and “member” includes any person with an OMB account, using the OMB site for any purpose.
The terms “Platform” “site” “website” and “web platform” refers to the On Mountain Babysitting website.
The terms “we” “our” and “us” refers to OMB and any persons involved in the operation of the OMB business.
The term “On Mountain babysitter” or “Babysitter” refers to a site user who has an active On Mountain Babysitting account and is offering to provide child-minding services. 
The term “Carer” refers to any site user who is looking for a babysitter. This includes but is not limited to Parents (biological and non-biological) or Legal Guardians.
 
Acceptance of these terms:
All users of the OMB platform must ensure they have thoroughly read these terms and conditions before creating an account and interacting with site features. Any interaction with the On Mountain Babysitting web platform will be governed by these terms and conditions.
 
Membership and your privacy
When becoming a member of OMB or when using certain features of the site, you may be required to provide some of your personal information. We respect your privacy and will never share your information with any third party without prior consent. You have control over how much or how little information you choose to provide. As a user of the OMB site you should also familiarise yourself with our Privacy Policy.
 
Any paid membership and any associated job posting credits will be valid from the date on which you purchase your membership package and will expire on the 31st December of the calendar year in which it was purchased. Any unused job posting credits will then be lost and will not roll over into the following year. Your account will remain and you will be able to log in, however, to post jobs in the preceding calendar year, you’ll be required to update your membership.
 
Finding an On Mountain Babysitter
To find an On Mountain babysitter, carers must first create an account and will then be able to choose a paid membership tier and create a job listing. Carers will be prompted to provide relevant information needed to create a job and will be required to make the payment associated with their selected membership tier before a job will become visible to other members. Carers will be able to interact with babysitters via the site’s internal messaging feature. Members can also choose to disclose their personal contact information at their own discretion. 
 
Becoming an On Mountain Babysitter
In order to become an On Mountain babysitter, babysitter’s should hold a valid Working with Children Check relevant to the State or Territory they are working in, and be legally able to work in Australia. Babysitters will need to create a personal profile, providing any required documentation, before they can begin using the platform and finding jobs. As users of this platform, babysitters are not employees of On Mountain Babysitting. Babysitters set their own rate of pay and booking arrangements between babysitters and carers are independently managed. Any payment received following a babysitting job is managed privately by the babysitter who is responsible for regulating any earned income. Job postings will be visible on a job board where babysitters will be able to search jobs and connect with carers through the site’s internal messaging feature. Members can also choose to disclose their personal contact information at their own discretion.
 
Member Conduct
As users of OMB, you are entering a safe and respectful community of people. All users are responsible for ensuring they are aware of and adhere to relevant state and federal anti-discrimination, defamation, bullying, and harassment legislation when interacting with other site users and using the OMB site. 
 
Posting or sharing information that is deliberately falsified, fraudulent, or inaccurate is considered to be an offence and may be punishable by law. All users should ensure they only share information that is true and correct. 
 
Users are not permitted to act in any way that interferes with or inhibits any other user’s experience or damages or threatens to damage any part of the OMB website. This includes but is not limited to:
  • Using the internal messaging system to market or share information regarding any other business
  • Using the internal messaging system to send spam
  • Attempting to access any account that is not their own or accessing any data or information not intended for them
  • Interfering in any way with the network or server that causes actual or perceived harm or inconvenience 

Users must not post, share, publish, retain or distribute any contact information or material that:

  • Is fraudulent, fabricated, inaccurate or deceitful 
  • Is threatening, harassing, intimidating or defamatory
  • Violates the privacy or rights of another person
  • Violates the privacy or rights of a minor
  • Is illegal
  • Is sexually explicit or contains child pornography
  • could in any way harm, alter, impede or remove without permission, any data, information or system
  • Could cause OMB to lose access to any web server or similar
What we offer
The OMB website provides its members with a platform to connect with other site users. The site works by providing carers with a place to advertise babysitting jobs and search for babysitters, and providing babysitters with a place to find babysitting jobs and market their services. The site includes a jobs board, babysitter profiles and an internal messaging feature. Carers will be able to see babysitter profiles that show whether a babysitter holds specific checks or credentials, or offers individualised services ie qualifications in Early Childhood Education. OMB makes reasonable effort to verify these pieces of information however we cannot guarantee the validity or legitimacy of documents supplied, so it’s important that carers use their own due diligence before engaging a babysitter.
 
What we don’t offer
OMB does not offer booking or scheduling capabilities, and all private arrangements are to be made independently between users. OMB does not conduct background or reference checks for its users and cannot verify all information provided. Members wanting to source a babysitter through the OMB site should ensure they are aware of current legislative provisions within their state or territory. OMB is not an Agency and offers no employment or contractor agreement between itself and any user.
 
Creating a Job Post
User’s will be required to make individual job posting’s for each date they require a babysitter. Attempts to include multiple jobs within a singular job posting may be denied. OMB reserves the right to remove any job post that breaches these terms.  

Internal Messaging
The site offers internal messaging features, enabling users to connect with one another without the need to disclose private contact details until they’re ready to do so. Users must be aware that all messages sent via OMB’s internal messaging can be accessed at any time by OMB for administration purposes and users should avoid sharing information that they wish to be kept confidential. 
 
Payment and Billing
Creating an On Mountain Babysitting account is free of charge for all users. 
Carers wanting to post a babysitting job will be required to choose a paid membership tier and make any associated payment before a job posting becomes visible to other users. OMB does not store your personal credit card or banking details. OMB uses payment service provider “Stripe” to manage payments and transactions. By agreeing to these terms, you are also agreeing to Stripe’s privacy policy and terms of use. Click here and here to read more.

Refunds
On Mountain Babysitting does not offer refunds in the event that your job was not fulfilled. Users accept that some or all jobs posted may be unfulfilled and that fulfilment of a job remains dependant on babysitter availability.
On Mountain Babysitting does not offer refunds for change of mind. OMB will not refund or credit users if they choose to upgrade or downgrade their package. OMB will not refund users for unused items.
 
Disclaimer of liability and Acceptance of risk
While using OMB, users accept that there can be risks associated with engaging in interactions with people who you have not met before, and with caring for children or having children cared for. OMB disclaims all liability from any accident, loss, harm, injury, expense, costs or damages sustained as a result of any engagement with or use of this site or misconduct from users and disclaims all responsibility for content and information users post on the site.
 
By using the OMB site you acknowledge that OMB does not offer any warranties or guarantees of service quality or quality of care delivered by any babysitter and that OMB offers no warranties or guarantees of job fulfilment, user punctuality or behavioural conduct online or in person. 
 
OMB has no involvement in any transaction as a result of any babysitting interactions between users. Any dispute between users as a result of the use of this platform remains separate from OMB and should be dealt with personally to negotiate a resolution. You acknowledge that OMB is not responsible for any refund of babysitter fees in any event.
 
By agreeing to these terms, you are releasing OMB (and its Administrators, Executives, affiliates or employees) from any legal action or proceedings following any incidents of loss, harm, injury, or damage and any related expenses, costs or damages caused as a result (directly or indirectly) of any use of the OMB website, including but not limited to:
  • Disputes of any nature between site users
  • Acts of negligence from site users
  • False or misleading information
  • General site use of any nature
If any part of these terms and conditions is found to be unlawful, illegal, or unable to be enforced, that item will be void and all other parts of these terms and conditions would remain valid and would still govern site use.
 
Third party site links
While using the OMB site you may come across links to third party websites. These links are provided to users for convenience and informational purposes only. Usage of any third party site is done at your your own risk and OMB cannot determine the accuracy of information provided on these sites. When engaging with any other website, you must adhere to that website’s terms and conditions which may differ from those of OMB.
 
Copyright
All content published on the OMB website is protected by Australian copyright laws. No site user is authorised to copy, download or use any material for commercial business or public purposes without prior written consent from OMB. The OMB business name, domain name and logo remain the property of OMB.  
 
Complaints
OMB strives to deliver a high-quality user experience. If you feel that your experience has not been of a high quality, we’d love to hear about your experience. Provide your feedback by emailing us at info@onmountainbabysitting.com.au 
We cannot promise that we will be able to resolve all complaints, but we will take your feedback on board and aim to improve on any drawbacks or shortcomings. 
 
Termination Of Use
Any breach of these terms and conditions may result in your membership being discontinued without notice. In this event, users will be refunded the total amount paid in that calendar year less a $40 administrative processing fee (this excludes Tier 1 – Green membership, as the amount paid would be less than the administrative processing fee therefore users would not be eligible for any refund).
 
If you believe another user has breached these terms and conditions, please contact us by emailing info@onmountainbabysitting.com.au