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FOR CRYING OUTLOUD! PTY LTD (ACN 153 351 323) ("For Crying Outloud!") – TERMS AND CONDITIONS FOR PARENTS

These terms and conditions constitute your formal agreement with For Crying Outloud!

The parties agree as follows:
  1. A booking fee must be paid upfront directly to For Crying Outloud! upon making the booking, in accordance with the payment terms set out in the Website terms and Conditions or via any method agreed between the parties. The booking fee is non-refundable. For Crying Outloud! is a booking agent only. The standard booking fee is $26.00. For bulk bookings, ***Nannies and school term bookings, the booking fee will be determined by For Crying Outloud! from time to time depending on the scope of work required by the Client. 
  2. Payment for the babysitting session is to be made to the **Sitter at the conclusion of each appointment and payment can only be made in cash or in the case of nannies, as agreed between the Sitter and the Client (no credit cards).
  3. All bookings are subject to a 3 hour minimum.
  4. Cancelations may be made with 12 hours notice. Cancellations made with less than 12 hours notice are subject to half the minimum 3 hour sitter fee plus For Crying OutLoud!s agency booking fee. If a cancelation is made with more than 12 hours notice the client is not required to pay any costs associated with the sitter fees for the session, but the agency booking fee is non-refundable and For Crying OutLoud! will credit you with a coupon code valued to the amount of the agency booking fee for you to use within a 12 month period. 
  5. For Crying Outloud! is not responsible for any insurance cover over Sitters, but we suggest Sitters consider taking out Public and Products Liability Insurance as an in-home babysitter.
  6. The Client* acknowledges that Sitters are not employees of For Crying Outloud! and that the Sitters are independent contractors, utilising its booking services. The Client acknowledges that the Sitter is providing services directly to the Client and not on behalf of For Crying Outloud!.
  7. For Crying Outloud! conducts a thorough interview & screening process which includes confirmation that Sitters have a Working With Children Check**** (blue card) in accordance with the Working with Children Act 2005 (Vic), however For Crying Outloud! does not give any warranty concerning the Sitters introduced. It is the responsibility of the Client to accept and approve the suitability of and employ the Sitters. If the Client has any concerns regarding the suitability of the Sitter they should contact For Crying Outloud! immediately. 
  8. For confidentiality and safety reasons please do not ask For Crying Outloud! Sitters for their personal telephone numbers or contact details. They will be in breach of their undertakings to For Crying Outloud! if they provide this information which may result in termination of their arrangements with For Crying Outloud!. The provisions of this clause 8 do not apply in the case of nannies where For Crying Outloud!'s express written consent to contact Sitters directly has been obtained. The Client must also treat the information in relation to the Sitter disclosed to them with the same confidentiality and must not pass these details to any other person or entity.
  9. For Crying Outloud! accepts no responsibility or liability for any damage, injury expense or loss (direct or indirect including consequential loss) caused by or in connection with the services provided any Sitters referred to the Client by For Crying Outloud!.
  10. The Client must complete the parent registration form online prior to leaving the child or children in the care of the Sitter setting out any special needs or requirements of your child such as medical conditions, allergies, toilet arrangements and the like.
  11. The Sitter will not remove a child from the residence and/or accommodation unless there is express written consent by the Client authorising the Sitter to allow the child to participate in outdoor activities and/ or be driven by the Sitter.
  12. The Client accepts full responsibility for each of the following to the extent applicable: 
    1. WorkCover insurance for Sitters.
    2. Superannuation contributions. 
    3. Paid and unpaid leave.
  13. Clients who engage Nannies on a permanent basis (hours above a certain threshold/week) may be required to guarantee a set number of hours per week and may have a number of other obligations under applicable legislation. Clients should seek their own legal advice in relation to these matters, particularly in relation to Nannies. See www.fairwork.gov.au, www.ato.gov.au and www.workcover.vic.gov.au for more information. The Client indemnifies For Crying Outloud! in relation to any claims made by Sitters against For Crying Outloud! in respect of any of the obligations set out in this clause.
  14. The Client acknowledges that it has received these terms and conditions and agrees to be bound by them. In the absence of any express written consent, by making a booking the Client is deemed to have accepted these terms and conditions by conduct. After the initial booking, if there are further appointments organised by the parties, the parties acknowledge that these terms and conditions will govern all such further appointments.
  15. For Crying Outloud! may amend or vary these terms and conditions at any time without notice to the Client.
*The term "Client” or "Clients" refers to the parent/s, guardians or any other person/s that are using For Crying Out Loud to book a Sitter.
**The term "Sitter” refers to babysitters/carers/Nannies who are using For Crying Out Loud to be referred Clients.
*** The term "Nanny/Nannies" refers to carers who are engaged by Clients on a permanent or semi-permanent basis.
**** Working With Children Check is comprised of:
• a National Police Check - offences with most significance include serious sexual offences; serious violent offences; serious drug related offences, offences against the Working With Children Act 2005 (Vic.) itself;
• a review of relevant findings from prescribed professional disciplinary bodies (at present only the Victorian Institute of Teaching);
• information sought from other bodies such as courts, Corrections Victoria and employers, including, where a court: made a formal finding of guilt in relation to an offence; convicted the applicant of an offence; accepted a plea of guilt from the applicant; or acquitted the applicant of an offence because of mental impairment; and
• information about any spent convictions, juvenile convictions and findings of guilt, pending charges; and the circumstances surrounding any charges or convictions.