Terms & Conditions, Privacy

Privacy, Terms & Conditions

Welcome to SitA Circle. We provide members with an easy and enjoyable way to manage, refer and book Sitters.

RECITALS

The SitA Circle Smartphone Application, Website and related services are provided by SitA Circle Pty Ltd (ACN 610 820 221) (in these Terms and Conditions referred to as SitA Circle, 'we' and 'us'). Detailed below are the Terms and Conditions between us and you pertaining to your use of our Smartphone Application, our services and any related sites.
In using any of our products or services, you agree to be bound by these Terms and Conditions.
These Terms and Conditions:
1. apply to the sale and supply of all services by SitA Circle to the exclusion of all other Terms and Conditions whatsoever;
2. will be deemed incorporated in any Booking placed by a Parent or accepted by a Sitter;
3. will prevail over all other conditions of a Booking to the extent of any inconsistency;
4. will not be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified.
If you do not accept these Terms and Conditions, then you must refrain from using the SitA Circle Smartphone Application, Website, our services and any related sites.

1. BOOKINGS AND PAYMENT

SitA Circle enables parents looking for a babysitter ("Parents") and their friends or relatives to connect together through the SitA Circle Smartphone Application to form a group ("Group").
Parents can book the babysitting services of a Sitter that is known by them, or is known by a Parent's friend and that has been introduced to the Group ("Sitter") through the SitA Circle Smartphone Application ("Sitter Service").
Parents agree that by adding Sitters to your Group you are referring the Sitters to your friends and/or relatives within your Group, even if you have not yet used the Sitter.
Sitters are required to register on the SitA Circle Smartphone Application, and list their availability and hourly rates. This information is only accessible to Parents within the respective Group.
SitA Circle is not an employment agency nor is involved in any employment relationship between the Parents and Sitters.
You use the SitA Circle Application or related Websites, and Sitter Services at your own risk. We accept no responsibility whatsoever, for the conduct of any Parent, Sitter or third party.
Bookings for a Sitter Service may only be made by submitting an online booking via the SitA Circle Smartphone Application ("Booking"). The Sitter will then be notified of the Booking and they will confirm if they are available. The Parent will accept and confirm the Booking with the Sitter of their choice.
On completion of a Booking, a fee is payable by the Parents to the Sitter for services rendered, at the hourly rate set by the Sitter ("Sitter Fee"). Sitters agree to request payment from the Parent through the SitA Circle Smartphone Application, and Parents agree to pay their Sitter the Sitter Fee via the SitA Circle Smartphone Application.
The Sitter Fee may be subject to additional surcharges for late night Bookings public holidays or periods of high demand. The rate of any surcharges shall be set by the Sitter at his or her sole discretion, and will be disclosed to the Parent when the Sitter confirms their availability prior to the Parent accepting the Booking.
SitA Circle does not guarantee that Parents will use the SitA Circle Smartphone Application to pay the Sitter, and it is up to the Sitter and Parent to finalise this payment. SitA Circle is not liable to pay Sitters if the Parent does not pay the Sitter via the SitA Circle Smartphone Application or otherwise.
We note the following fees are payable by Parents and come into effect once any Booking posted by that Parent through the SitA Circle Smartphone Application results in a Sitter confirming their availability:
1. Platform Fee: A Platform Fee of $6.95 inclusive of GST if:
  1. Payment to the respective Sitter is not made via the SitA Circle Smartphone Application within 7 days of a Booking end date, and will automatically be charged on the 8th day after the Booking end date;
  2. A Parent cancels a posted Booking after a Sitter has confirmed their availability to that Booking, and will automatically be charged the day after the Booking was cancelled; or
  3. A Parent changes a posted Booking after a Sitter has confirmed their availability to that Booking and can no longer accept the Booking as a result, and no other Sitter confirms availability, and will be charged the day after the proposed end date of the Booking.
  4. No fees are charged if a Booking is cancelled prior to a Sitter confirming their availability.
  5. A Parent pays the Sitter cash and Paid with Cash is selected by the Sitter in the app.
Processing Fee: 6.95% of the Sitter Fee and any additional surcharges and tips (if any), inclusive of GST, at the conclusion of a Booking. Note this is in addition to the Sitter Fee and is payable when payment is due to the Sitter;

OR
We note the following charges are payable by Sitters and apply to any Booking accepted by Sitters through SitA Circle:
1. Processing Fee: 6.95% of the Sitter Fee. This Processing Fee applies to all payments made to the Sitter through the SitA Circle Smartphone Application, including any surcharges and tips (if any). Once a Parent makes a payment through the SitA Circle Smartphone Application, we will retain the amount due and owing to us, prior to dispersing proceeds into your nominated account;
  
  OR
2. Platform Fee: A Platform Fee of $6.95 inclusive of GST charged to your nominated credit card or PayPal account if:
  1. Payment of the Booking is not finalised via the SitA Circle Smartphone Application within 7 days of a Booking end date, and will automatically be charged on the 8th day after the Booking end date; or
  2. The Booking is cancelled by the Sitter and the Parent is unable to find a replacement via the SitA Circle Smartphone Application for the Booking, and will be charged the day after the proposed end date of the cancelled Booking.
  3. A Parent pays the Sitter cash and Paid with Cash is selected by the Sitter in the app.
SitA Circle uses PayPal's Braintree Payment Gateway for all Bookings made through the SitA Circle Smartphone Application. Users will be required to register with PayPal's Braintree Payment Gateway and supply details of their preferred payment method of Credit Card or PayPal and any other requested information. Once registered and logged in, Braintree Payment Gateway will allow Parents to 'Pay Now' with one touch. You acknowledge and agree that by accepting to 'Pay Now' you may be instantaneously charged the outstanding amount. You further agree and acknowledge that a Platform Fee in the amount of $6.95 will automatically be charged to your account if applicable as detailed in the Platform Fee referred to above.
All charges are in Australian Dollars (AUD).
Sitters agree to provide us with their bank details (including account name, account numbers, BSBs and their bank name) in order to facilitate payment.
Sitters acknowledge that payments made through the SitA Circle Smartphone Application which are owing to the Sitters, will be processed in the following timeframes:
1. Bi-weekly on Tuesday and Friday evenings, which is set out as follows:
  1. Bookings that have been paid between Thursday and Sunday by 12:00pm AEST will be processed on the following Tuesday, or the following business day in the event of a public holiday;
  2. Bookings that have been paid between 12.01pm on Sunday and 11.59pm on Wednesday AEST will be processed on the following Friday or the following business day in the event of a public holiday;
Sitters acknowledge that depending on their banks policies, it may take between 3 to 5 business days to appear in the Sitter's allocated account following processing.
Sitters acknowledge that they must be over 18 years of age to use the Sitter Service.

2. AGENCY

You agree and acknowledge that SitA Circle facilitates payments between the Parents and the Sitters in its capacity as an agent. As agents, we are entitled to charge our agency fees referred to under these Terms & Conditions subject to the provisions of the A New Tax System GST Act or any other relevant law or legislation.
Sitters agree and acknowledge that we act on their behalf as agents in order to facilitate payment for the purposes of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) ("GST Act").
Parents and Sitters are responsible for any tax payable by them and indemnify SitA Circle against any costs, expenses or fees incurred by SitA Circle for failure to comply with their tax obligations under the GST Act or any other applicable laws or legislation, as amended from time to time.
SitA Circle facilitates the booking of Sitters, and we provide no guarantee as to the quality or suitability of the Sitter. Parents book Sitters at their own risk. Parents must make their own assessments regarding the suitability of a Sitter, and are responsible for conducting their own background checks, age checks, reference checks, Working With Children Check in the respective state or territory, Police check, or whether the Sitter has first aid or CPR training, and whether the Sitter is permitted to work in Australia. We are not liable under any circumstances and accept no responsibility whatsoever for the suitability or quality of any Sitters, or for the actions of any Sitter or Parent.
Sitters agree that any credentials they provide in their profile are accurate, current and true.

3. REFUNDS & DISPUTES

While we provide the facilities for payments to be made between Parents and the Sitter in our capacity as an agent. We accept no responsibility for any non-payments by a Parent. Any disputes regarding payment, non-payment or otherwise, must be resolved directly between the Parent and the Sitter, or the relevant third party.
SitA Circle will hold payments for a minimum of 48 hours once received. Claims for refunds must be made within 24 hours of the completion of a Sitter payment by the Parent. Any refunds must be resolved between the parties within 24 hours from Payment. Should the parties agree to refund the sum or part of a sum paid to the Sitter, the Sitter agrees to email hello@sitrcircle.com referencing the date and receipt number of the Booking within 24 hours of the Parent selecting Pay Now, and advise the amount they have agreed to refund. SitA Circle will confirm this amount with the Parent and refund the sum to the Parent within the following timeframes following confirmation of the refund amount:
1. Refunds relating to Bookings that have been paid between Thursday and Sunday by 12:00pm AEST will be processed on the following Wednesday; and
2. Bookings that have been paid between 12.01pm on Sunday and 11.59pm on Wednesday AEST will be processed on the following Monday.
Refunds will be made via PayPal's Braintree Payment gateway, to the Parent's nominated account. If applicable, remaining proceeds will then be paid to the Sitter’s account minus any Processing Fees. SitA Circle will not provide a refund under any circumstances for Processing Fees, Platform Fees or any other charges to the Parent or Sitter for the Booking in the event that a Parent unsatisfied with the Sitter Services provided by the Sitter, even in the event that the Sitter has agreed to provide a refund to the Parent. The Sitter acknowledges that the Processing Fee will be charged at the undisputed rate, regardless of any refund provided. In the instance that a full refund is provided, the Sitter agrees to pay a Platform Fee which will automatically be charged to their nominated account.
SitA Circle is confident you will be completely satisfied with our products and services. However, our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to replacement services or a refund for a major failure and for compensation for any other reasonable foreseeable loss or damage. We note this excludes Sitter Services offered by Sitters, and only applies to the services offered by SitA Circle which includes Booking facilities.
If you have any feedback or comments please contact us at hello@sitrcircle.com.

4. MEMBER CONTENT

SitA Circle allows Sitters and Parents registered with SitA Circle ("Members") to chat with other Members within their Group and share content ("Member Content"). For example, the Sitter will be able to send photos of the children to the Parents while babysitting. You agree to ensure that any content you submit via the SitA Circle Smartphone Application does not include or have a direct or indirect link with content that:
1. is of violent, racist, extremist or defamatory nature;
2. is derogatory, offensive, or any form of bullying, whether perceived or otherwise;
3. is of a pornographic, erotic, religious, political or other nature;
4. might be detrimental in any way whatsoever, to SitA Circle’s brands, image or reputation; or
5. does not comply with any law or regulation in force or infringes third-parties rights.
SitA Circle must be notified immediately if a party has or has allegedly engaged in illegal or inappropriate behaviour.
SitA Circle will review content and at its sole discretion can remove Member Content at any time without notice. SitA Circle does not guarantee the accuracy, quality or appropriateness of Member Content available through the site. While SitA Circle uses its best efforts to remove offensive material from the site, due to the nature of sharing content you may be exposed to content that you find offensive and you acknowledge that SitA Circle will not be liable to you for any loss suffered as a result of any content you find offensive.
In the event you provide SitA Circle with contact details of third parties (whether email, mobile phone or otherwise) for the purposes of inviting them to join or download the SitA Circle Smartphone Application and related services, you warrant that you will always have the consent of such third parties to provide SitA Circle with such contact details.

5. STORAGE OF INFORMATION

The SitA Circle Application on your phone or electronic device will store copies of Bookings in your Booking history for quick reference. You acknowledge that it is your responsibility to preserve and backup any information supplied or received.

6. ACKNOWLEDGEMENTS

By submitting a Booking or accepting a Booking, you acknowledge and agree that:
1. If you are a Parent, you have full authority to submit the Booking and that you will be liable for all costs, fees, charges and other amounts which are due to SitA Circle as a result of placing the Booking (Parents only).
2. If you are a Sitter, you have full authority to accept the Booking and that you will be liable for all costs, fees, charges and other amounts which are due to SitA Circle as a result of accepting the Booking (Sitters only).
3. All information you provide to SitA Circle is true and complete to the best of your knowledge.
4. You are not breaching any obligation of confidence or any requirement of any applicable law relating to the privacy of personal information by providing the information to SitA Circle.
5. None of the Member Content you provide breaches the intellectual property rights of anybody else.
6. Parents may alter Bookings subject to the availability of the Sitter, and the Sitter has the capacity to cancel their availability.
7. You indemnify SitA Circle upon demand against the full amount (including legal costs on an indemnity basis) of any costs, loss or damage suffered by SitA Circle as a result of a breach of any of these warranties or any other breach of these Terms and Conditions.
8. You will not use SitA Circle’s services in any way that breaches, or is likely to breach, any law or act in a way that infringes any person's rights, including any conduct that would require SitA Circle or any of its employees or agents to remedy any loss or damage occasioned by such activity.
9. You will not use SitA Circle’s services in a manner that defames, harasses, unlawfully offends or harms any person.
10. You will not engage in any illegal activities, or engage in any behaviour which is discriminatory whether based on religion, sexual orientation, race, ethnicity, gender or disability.
11. From time to time you will receive emails from us with information on our services, our SitA Circle Application, promotions or specials, or offers from third parties which we consider to be of interest to you.

7. OUR WARRANTIES AND LIABILITY

The only conditions and warranties which are binding on SitA Circle in respect of the state, quality or condition of the goods or services we provide under these Terms and Conditions are those imposed and required to be binding by statute (including the Competition and Consumer Act 2010).
SitA Circle provides no warranty that the SitA Circle Smartphone Application or Website will be online at all times and it is not liable for any failure to do so. If access to the SitA Circle Smartphone Application or Website is disrupted, SitA Circle will use its best endeavours to restore access as soon as possible. SitA Circle will not be liable for any loss or damage you incur as a result of any delay in restoring such access.
Except where otherwise set out in these Terms and Conditions, SitA Circle will not be liable to you for any liability (including liability in negligence), loss or damage of whatsoever nature, consequential or otherwise, howsoever suffered or incurred by you, caused by or resulting directly or indirectly from the goods or services provided by SitA Circle.
SitA Circle’s liability to you for any breach of these Terms and Conditions, implied or otherwise (other than an implied warranty of title) is limited, at its option, to refunding the price of the services provided by SitA Circle in respect of which the breach occurred, or providing those services again.
You acknowledge that SitA Circle may rely on third parties in Booking to provide its goods and services (including, for example, internet service providers) and SitA Circle is not liable to you for any act or omission to act by such third parties.
To the extent permitted by law, SitA Circle's maximum liability to Parents, Sitters and/or third parties will be limited to the total amount paid or received by the respective Parent or Sitter (if any) for Bookings made through the SitA Circle Smartphone Application.
SitA Circle will not be liable under any circumstances for any consequential loss or damage whether in contract law, tort or otherwise to the extent permitted by law.
Parents and Sitters must indemnify SitA Circle for any loss, damage, expense or costs incurred or suffered by SitA Circle as a result of or in connection with the use of the SitA Circle Smartphone Application or Website.

8. INTELLECTUAL PROPERTY

All intellectual property in the SitA Circle Application and related Websites, the services provided by SitA Circle and any material produced or provided by SitA Circle (including, but not limited to, software, data, copyright, trademarks, designs or patents) will remain the property of SitA Circle at all times.
Except as expressly authorised by these Terms and Conditions or by law, you may not in any form or by any means adapt, reproduce, store, create derivative works or commercialise any information, products or services obtained from any part of the SitA Circle Application or related Websites without the written permission of SitA Circle.
Any links to third party Websites are provided for convenience only and may not remain current or be maintained. SitA Circle is not responsible for the content or privacy practices associated with linked Websites. Links to other Websites should not be construed as an endorsement, approval or recommendation by SitA Circle of the owners or operators of those Websites, or of any information, graphics, materials, products or services referred to or contained on those Websites, unless and to the extent stipulated to the contrary.

9. PRIVACY

SitA Circle will comply with the Privacy Act 1988 in relation to any personal information about any natural person you provide to SitA Circle. Without limitation, you consent to SitA Circle collecting personal information about you for the purpose of SitA Circle providing the service and products under these Terms and Conditions, including, but not limited to, your name, address, post code, email address and bank account details. We may also receive and record information on our server logs from your internet browser in the course of you accessing Websites published by us, including your IP address, cookie information, and the pages requested.
You authorise SitA Circle to make any inquiries reasonably required to satisfy itself of your identity, eligibility to make a Booking or accept a Booking, or any other matter SitA Circle reasonably considers to be necessary in relation to providing its services to you or for law enforcement or regulatory purposes.
We may use such personal information to comply with our obligations pursuant to these Terms and Conditions, to fulfill your requests for our services and products, and to contact you about specials and new products or services.
We will not sell or rent your personally identifiable information to anyone. We will only send personally identifiable information about you to other companies or third parties when:
1. we have your consent to share the information;
2. we need to share the information in order to provide the service or product you have has requested;
3. we need to send the information to companies or individuals that work on our behalf to provide a service or product to you; or
4. we need to respond to subpoenas, court orders or legal process.
SitA Circle will endeavour to ensure that your information remains confidential. You must take all reasonable precautions to safeguard your PIN/Password and not disclose or allow the PIN/Password to be disclosed to any third party, and you must not allow third parties to access or use your account.

10. SUSPENSION OF SERVICES

SitA Circle may, at its election, suspend its services to you immediately if you breach these Terms and Conditions or breach any law, or, in SitA Circle’s sole discretion, your Member Content contains any of the content described in Clause 3 or you demonstrate unconscionable, reckless, or dangerous behaviour. In such event, SitA Circle will remove you from your Group and all Member Content (including any links) associated with you.

11. MISCELLANEOUS

These Terms and Conditions can be modified at any time by SitA Circle where it is reasonably necessary to protect the legitimate interests of SitA Circle, and by placing or accepting a Booking after the publication of the modified Terms and Conditions you will be agreeing to be bound by these Terms and Conditions as modified. SitA Circle will give you notice of these changes only by publishing revised Terms and Conditions on its Website and via the Smartphone Application. If you consider such changes are detrimental to you, you may elect to cease using the services provided by SitA Circle. You will not be individually notified of changes in the Terms and Conditions and we encourage you to review them periodically.
You agree that SitA Circle Application or related Websites will be used for personal use only and will not be used by you for commercial purposes including selling, buying or leasing goods or services, advertising or sending non-solicited information.
You agree and acknowledge that the SitA Circle Application or related Websites must not be used for professional or business purposes, such as professional nannying or childcare services.
Parents and Sitters must comply with all applicable laws, as amended from time to time.
This Agreement shall include all terms implied by operation of law.
Any delay in or failure by SitA Circle to insist upon strict performance of any term, warranty or condition of these Terms and Conditions will not be deemed a waiver thereof or of any rights SitA Circle may have and no express waiver will be deemed a waiver of any subsequent breach of any term, warranty or condition.
If any provision of these Terms and Conditions is determined by any statute or any court having jurisdiction in relation thereto to be illegal, invalid, void, voidable or unenforceable the legality validity or enforceability of the remainder of these Terms and Conditions will not be affected and the illegal, invalid, void, voidable or unenforceable provision will be deemed deleted to the same extent and effect as if never incorporated in these Terms and Conditions but the remaining Terms and Conditions will continue in full force and effect.
A provision of these Terms and Conditions which can, and is intended to, operate after their termination remains effective.
These Terms and Conditions will be governed and interpreted according to the laws of Victoria and the parties agree to submit to the jurisdiction of the courts of Victoria.