TERMS AND CONDITIONS

1.1 In these Terms:

1.1.1 ACL means the Australian Consumer Law set out in Schedule 2 of the CCA.

1.1.2 Annual Booking means a Booking for between 1 or more shifts per week for at least 6-12 months;

1.1.3 Nest Care means Nest Care Pty Ltd (ACN 619 906 795) and its Related Entities, officers, employees, agents and contractors;

1.1.4 Casual Bookings means a ‘one off’ or ad hoc Booking that is not expected to be ongoing;

1.1.5 CCA means the Competition and Consumer Act 2010 (Cth);

1.1.6 Content means all content included in or on the Website (including, but not limited to, text, design, graphics, photos, images, sounds, music, videos, and code and any arrangement of those things) which is owned by Nest Care or licensed to Nest Care;

1.1.7 Account means the user account that may be set up by you (via the Website or via phone) to enable you to place a Booking;

1.1.8 Booking means a booking for the Services provided by Nest Care which may be an Online Booking or a Phone Booking;

1.1.9 Booking Fee means the non-refundable booking fee payable to Nest Care in addition to fees for Services as set out on the Website, as amended by Nest Care from time to time;

1.1.10 Booking System is the booking system of Nest Care that facilitates Online Bookings and/or Phone Bookings;

1.1.11 Business Days means Monday to Friday except public holidays in Melbourne;

1.1.12 Day Shift means in home daytime support between the hours of 7 am and 7 pm;

1.1.13 Fair Use Policy means up to 2 emails per day and up to 3 text messages per day during the Follow Up Period;

1.1.14 Fees means the fees payable for Services at the Rate including any penalty rates and surcharges (as amended by Nest Care from time to time) and the Registration Fee and Booking Fees;

1.1.15 Follow Up Period means five Business Days during the hours of 9 am to 5 pm after a Phone Consultation;

1.1.16 Follow Up Support means advice, troubleshooting, resources and plans offered by text or email after the Phone Consultation, subject to the Fair Use Policy.

1.1.17 Hire Period means the period from when the Products are delivered to or collected by you, to the date on which the Products are collected by Nest Care or returned to Nest Care;

1.1.18 Material includes any written works, data, photos, images, sounds, music, audio files, videos, text and other communications which you transmit or post to the Website;

1.1.19 Monthly Booking means a Booking for one or more shifts per week for 4 weeks or longer;

1.1.20 Night Shift means in home night time support between the hours of 7 pm and 7 am;

1.1.21 Online Booking is a Booking made via the Website;

1.1.22 Online Booking System is the booking system through which Online Bookings are made via the Website;

1.1.23 Phone Consultation is a Service provided by Nest Care in accordance with clause 10;

1.1.24 Phone Booking is a Booking made during phone call with Nest Care;

1.1.25 Privacy Policy means the Nest Care Privacy Policy at http://nestcare.com.au/privacy.html

1.1.26 Products means the products for sale or hire by Nest Care;

1.1.27 Rate is the price per hour, from time to time set out on the Website or advised by Nest Care, at which you will be charged for engaging a Nest Care Consultant, which will differ depending on whether your Consultant is a:

1.1.27.1 Nanny;

1.1.27.2 Maternity Practitioners (with non-medical ‘mothercraft’ type training, but no formal nursing training);

1.1.27.3 Maternity Nurse (registered and unregistered healthcare workers or nurses); or

1.1.27.4 Other types of consultants (sleep consultants and lactation consultants); and which will also differ depending on whether the Service involves:

1.1.27.5 Day Shift;

1.1.27.6 Night Shift;

1.1.27.7 more than 12 hours;

1.1.27.8 weekend work; and

1.1.27.9 other relevant factors.

1.1.28 Registration Fee means the once only fee charged the first time you use the Website, interview our Consultants or place a Booking;

1.1.29 Related Entity has the same meaning as in the Corporations Act 2001(Cth);

1.1.30 Services means the services provided by the Nest Care which include:

1.1.30.1 Phone Consultations;

1.1.30.2 In-home infant care (Day Shift or Night Shift);

1.1.30.3 Live-in support and holiday/overseas nannying for infants;

1.1.30.4 Consultation services (sleep, maternity or lactation)

1.1.30.5 Pre or post-natal parenting guidance classes; and

1.1.30.6 SNOO Bassinet hire

1.1.31 Surcharge means the charge or fee payable by you in addition to the Fees, in certain circumstances, as set out on the Website or advised to you in writing by Nest Care from time to time;

1.1.32 Terms means these terms and conditions of use;

1.1.33 Trademarks means the brand names, trademarks and logos which are owned by Nest Care or licensed to Nest Care;

1.1.34 Website means this website at https://www.nestcare.com.au/ or any other website owned or operated by Nest Care and/or its Related Entities;

1.1.35 Weekly Booking means a Booking that consists of 1 or more shifts for more than 1 week but less than a month.

1.2 These Terms apply to your use of the Website and to the provision of the Services by Nest Care.

1.3 Please read the Terms carefully before using the Website or making a Booking for the Services.

1.4 By making a Booking, you will be deemed to have accepted these Terms in full, and they will constitute a legally binding contract between Nest Care and you. Accordingly, if you do not agree with any part or all of these Terms you should not make any Bookings for the Services.

1.5 Nest Care may amend these Terms from time to time for legal, practical or improvement purposes. Each time you make a Booking it is your responsibility to review these Terms and inform yourself of any changes.  If you access or make a Booking for any of the Services after any amendments are published on the Website, you are taken to have agreed to those amendments.

2.1 Nest Care grants you a non-exclusive licence to use the Website, subject to these Terms. Nest Care may terminate this licence at any time for any reason and without prior notice to you

2.2 The purpose of the Website is to:

2.2.1 provide information about Services available from Nest Care;

2.2.2 provide information about prices of Services available at Nest Care and;

2.2.3 facilitate online and phone booking for Services.

2.3 The content of the Website is intended to provide general information only and are not to be relied on by you, or for any particular purpose.

2.4 You agree that the information set out on the Website, including the nature of the Services, the prices and availability of Nest Care Consultants may change from time to time and you will be bound by these changes from the date the changes are published on the Website or otherwise notified to you by Nest Care.

2.5 In using the Website, you warrant that you are either aged 18 years or over or possess legal parental or guardian consent and that you are fully able to enter into and abide by and comply with these Terms.

2.6 You agree that you are solely responsible for having the infrastructure and services (including hardware, software and internet connectivity) to access the Website and you assume full responsibility for any costs or charges that you incur as a result of using the Website, including any additional mobile data or other internet user charges.

2.7 Some of the Services made available by Nest Care from time to time may have specific terms and conditions which will apply to them in addition to these Terms. For example, specific terms and conditions, set out below or in any other document may apply to certain types of Bookings for Services provided by Nest Care.

3.1 You acknowledge and agree that:

3.1.1 Nest Care does not provide medical care or medical advice;

3.1.2 Nest Care’s Consultants are not doctors and only some are registered or unregistered nurses/midwives;

3.1.3 Any information, resources or advice provided by Nest Care is based on Australian or world health and/or evidence based scientific research. Nest Care uses is best endeavours to ensure the information is accurate, appropriate and up-to-date;

3.1.4 Any information, resources or advice provided by Nest Care does not take the place of professional medical advice. If you have an emergency or a medical concern, it is your responsibility to seek medical assistance.

You acknowledge and agree that to the best of your knowledge, your child is generally in good health and you are seeking the Services of Nest Care for the purposes of obtaining resources, strategies and advice to improve your child’s feeding, playing, sleeping and/or settling habits only.

A medical or GP referral is generally not required for the Services, however, Nest Care may seek a referral from your GP to ensure the suitability of Nest Care’s advice, strategies and plans.

4.1 Bookings may be made as an Online Booking or a Phone Booking.

4.2 In relation to Online Bookings, you acknowledge that:

4.2.1 the Online Booking System is hosted and administered by a third-party provider and not by Nest Care;

4.2.2 Nest Care does not guarantee that the Online Booking System will be available 24 hours a day 7 days a week or that it will be free from errors, viruses or other harmful components. Nest Care will not liable if the Online Booking System is unavailable at any time due to maintenance, whether planned or unplanned, or for any other reason; and

4.2.3 Nest Care may suspend or terminate the Online Booking System at any time in relation to some or all Services for any reason and without prior notice.

4.3 You acknowledge and agree that each request for a Booking submitted by you is an offer to engage Nest Care to provide the Services, which is capable of being accepted by Nest Care.

4.4 On acceptance of your offer by Nest Care, you will receive a confirmation of your Booking which will specify:

4.4.1 the nature of the Booking; and

4.4.2 the date and start and finish time of the Booking;

4.4.3 the Fees paid or payable by you.

4.5 You acknowledge and agree:

4.5.1 not all the Services mentioned on the Website will be available at all times; and

4.5.2 Services that constitute in-home visits are not available in all locations.

4.6 Nest Care reserves the right to refuse to accept your Booking for any reason.

5.1 The Fees (including the Registration Fee, Booking Fees and any applicable penalty rates or surcharges) for the Services will be the fees published on the Online Booking System, or in the case of a Phone Booking, as notified by our Consultant at the time you make your Booking. The prices are expressed as inclusive of GST (where applicable) and in Australian dollars.

5.2 Fees (including Booking Fees and any applicable penalty rates or surcharges) will differ depending on:

5.2.1 The nature of the Services required;

5.2.2 The time of day (or night) the Services are required;

5.2.3 The length of the Service required;

5.2.4 The age, experience and qualifications of the Consultant; and

5.2.5 The number of times per week Services are booked.

5.3 You must pay for your Booking, including any Booking Fee:

5.3.1 through the Online Booking System, or

5.3.2 in the case of a Phone Booking via credit card over the phone; or

5.3.3 in the case of ongoing Bookings via direct debit from an accepted credit card, debit card or other payment method approved by Nest Care.

5.4 Payments must be made as set out below:

5.4.1 For Casual Bookings: in full in advance at time of Booking;

5.4.2 For Weekly Bookings: paid weekly in advance with first payment made at time of Booking;

5.4.3 For Monthly Bookings: first month to be paid in full in advance at time of booking, and thereafter weekly in advance;

5.4.4 For Annual Bookings: first month to be paid in full in advance at time of booking, and thereafter weekly in advance, so as to always remain approximately 4 weeks in advance.

5.5 At the time of making your Booking using an accepted credit card, debit card or other approved payment method available on the Online Booking System, payment will be debited from your account in the timeframe specified by your card provider and in accordance with the terms and conditions specified by your card provider.

5.6 If your payment cannot be processed Nest Care will use reasonable endeavours to notify you as soon as practicable.

5.7 Nest Care reserves the right to:

5.7.1 cancel a Booking for which payment could not be processed, even where Nest Care has been unable to notify you of the payment failure, provided reasonable efforts to contact you have been made;

5.7.2 refuse a Booking or change a fee if the published price was incorrect, or the calculation of the fees (including Booking Fees) was incorrect, due to a malfunction or interference with the Online Booking System;

5.7.3 change the payment methods that can be used for Bookings at any time in its absolute discretion.

5.8 Nest Care will retain encrypted card information used during registration (via our secure online merchant stripe) as security (in lieu of deposits/pre-payments). This card will be debited in the event an account remains unpaid. 

5.9 Nest Care will invoice clients amounts in arrears weekly on Monday’s or Tuesday’s. Payment terms are COD (24hrs). Reminders will be send on days 3 and 5 after date of issue. If accounts remain unpaid by day 7 a 10% late payment surcharge will be applied. If accounts remain unpaid by day 14 (after original date of issue) accounts will be automatically charged against the card used when registering with us via our online payment merchant stripe inclusive of applied late fees.

6.1 When you make a Booking, Nest Care allocates its Consultants to cover your Booking. If you change or cancel your Booking close to the time and date for the Booking, both Nest Care and its Consultants may suffer loss.

6.2 If you wish to cancel your all or part of Booking after the Booking has been made and payment processed, you may do so via the Online Booking System or via phone, for a full refund (minus the Booking Fees), provided the cancellation is requested by no later than:

6.2.1 In the case of a Casual Booking: 24 hours before the scheduled start time of the cancelled Service;

6.2.2 In the case of Weekly Booking: 48 hours before the scheduled start time and day of the cancelled Service;

6.2.3 In the case of Monthly Bookings: 7 days before the scheduled start time and day of the cancelled Service; and

6.2.4 In the case of Annual Bookings: 1 calendar month before the scheduled start time and day of the cancelled Service.

6.3 Where you provide less notice than the minimum notice periods set out in clause 1, Nest Care may accept or reject your request for cancellation of all or part of a Booking, in its absolute discretion.

6.4 Where you wish to change the start or finish time, temporarily, for a given shift within a Weekly, Monthly or Annual Booking, you must give Nest Care a minimum of 24 hours’ notice and you acknowledge that Nest Care may accept or reject your request. If you do not provide at least 24 hours’ notice:

6.4.1 Where a request to commence earlier than the scheduled time that is accepted by Nest Care, a Surcharge will apply in addition to Fees for the additional hour(s);

6.2.2 Where a request to provide the Service longer than the scheduled shift is accepted by Nest Care, which results in the shift continuing for longer than 12 hours, a Surcharge will apply;

6.2.3 Where a request to commence later or finish earlier than the scheduled shift is accepted by Nest Care, no refunds will be given.

6.5 If, due to unforeseen circumstances, Nest Care’s Consultant is unable to provide the Service, Nest Care will advise you of the situation at the earliest opportunity and use its best endeavours to find a replacement Consultant. Nest Care cannot guarantee it will be able to provide a replacement Consultant.  In that situation, if you have pre-paid for the Service, Nest Care will provide you with your choice of:

6.5.1 a refund for Fees the Service that the Consultant was unable to provide (including Booking Fees); or

6.2.2 a credit which can be set off against Fees for future Bookings.

6.6 Nest Care will not be responsible for any loss or damage suffered by you as a direct or indirect consequence of Nest Care’s inability to provide the Service

7.1 You agree that if any member of your household or your baby becomes unwell in the 24 hours prior to the commencement of any in-house Service, you will notify Nest Care immediately and provide all relevant details as to the symptoms and persons affected, and if requested by Nest Care, provide a medical certificate relating to the illness.

7.2 Nest Care reserves the right to cancel the Booking if Nest Care determines that the illness may be contagious and/or may place the Consultant at risk by providing the Service.

7.3 If you advise Nest Care of illness more than 24 hours before the commencement of the Service, and Nest Care decides to cancel the Booking, you will receive your choice of a full credit for future Bookings or a refund of Fees (excluding Booking Fees which will be credited to a future Booking).;

7.4 If you advise Nest Care of illness less than 24 hours but more than 3 hours before the commencement of the Service, and Nest Care decides to cancel the Booking, you will receive a full refund minus the Fees applicable for a minimum shift (3 hours for a Day Shift and 8 hours for a Night Shift), being the minimum Nest Care will be required to pay its Consultant plus Booking Fee;

7.5 If you advise Nest Care of illness less than 3 hours before the commencement of the Service, or fail to advise regarding the illness until the Consultant arrives (or at all), and Nest Care decides to cancel the Booking, you will not receive a refund or a credit against future Bookings.

8.1 Our Consultants are mindful of respecting your family culture and way of living.

8.2 You agree that your conduct must, at all times, be respectful and courteous to our Consultant and to other members of your household during the Service.

8.3 If, at any time, our Consultant is subjected to, or witnesses, disrespectful, offensive, unlawful or argumentative or violent behaviour that causes our Consultant to feel uncomfortable or unsafe, our Consultant will leave the premises and Nest Care will cancel the Booking and no refunds will be offered.

8.4 You acknowledge and agree that Nest Care and our Consultants are subject to and are required to comply with mandatory reporting laws in relation to child abuse.

You agree that, whilst engaging in personal phone calls whilst providing Services is discouraged by Nest Care, our Consultants will not be prevented from keeping their mobile phones with them at times.  This is a safety requirement and also allows Nest Care to check in with its Consultants from time to time.

10.1 Phone Consultations generally consist of:

10.1.1 An initial review with Nest Care at time of making Booking (this is usually online via a questionaire);

10.1.2 A consultation at an agreed time, for approx 30-60minutes in talk time conducted by phone, Skype, Facetime, WhatApp or Zoom, whichever you prefer;

10.1.3 Routine and sleep plan (where required);

10.1.4 Follow Up Support during the Follow Up Period.

10.2 You acknowledge and agree that:

10.2.1 If the Phone Consultation is to be conducted via phone, Facetime, or WhatsApp, our Consultant may call you from a blocked or private number;

10.2.2 If the Phone Consultation is to be conducted via Zoom or Skype or other online video conferencing platform, a link will be emailed to you 24 hours before the scheduled start time for your Booking;

10.2.3 If after two attempts by our Consultant you have not answered the call, your Booking will be cancelled and recorded as ‘Not Contactable’, and there will be no refund provided;

10.2.4 If you need to reschedule your Booking, you may do so once without charge, provided the Booking is rescheduled at least 24 hours before the commencement of the Booking;

10.2.5 If you cancel the Phone Consultations more than 24 hours before the start of the Booking, you will receive a full refund of Fees (less the Booking Fee). If you cancel the Phone Consultation less than 24 hours before the start of the Booking, no refund will be provided;

10.3 You acknowledge that Follow Up Support is subject to the Fair Use Policy. Excessive contact with Nest Care beyond the limits of the Fair Use Policy is not considered reasonable or fair and may result in the Follow Up Support being terminated.  If further support is required, additional support packages, including in-home consultations or observational visits may be purchased.

11.1 Services include Day Shifts.

11.2 Minimum length of a Day Shift is 3 hours and the maximum length is 12 hours.

11.3 For every hour that the Day Shift exceeds 12 hours (including reasonable meal and personal breaks) or continues past 7 pm, a Surcharge will apply.

11.4 During the Service, you agree to provide our Consultants with, as a minimum:

11.4.1 reasonable paid meal and personal breaks;

11.4.2 basic refreshments, for example water, tea, coffee.

12.1 Services include Night Shifts.

12.2 Minimum length of a Night Shirt is 8 hours and the maximum length is 12 hours. Night Shift may commence any time between 7 pm to 11 pm. 

12.3 For every hour that Night Shift exceeds 12 hours (including reasonable meal and personal breaks) or continues past 7 am, the Fees will be calculated at the Night Shift rate and in addition, a Surcharge may apply. For the sake of clarity, where a Night Shift continues beyond 7 am, the Fees will not drop to the usual day rate.   

12.4 If a Night Shift occurs on a night during which there is a change in time due to daylight savings, shifts will end at the scheduled time, as amended by the change to or from daylight savings time. For the sake of clarity, unless otherwise agreed, Night Shift will end at 7 am despite the shift continuing for one hour less due to clocks being wound back by one hour because of daylight savings.

12.5 During the Night Shift, you agree that:

12.5.1 whilst our Consultants are there to provide care for your infant and support to you, they are not expected to remain awake at all times;

12.5.2 you will provide our Consultants with, as a minimum:

12.5.2.1 clean and comfortable place to rest or nap including a clean blanket (or heating if required) and a pillow;

12.5.2.2 reasonable paid meal and personal breaks; and

12.5.2.3 basic refreshments, for example water, tea, coffee.

12.6 You agree to abide by the End of Night Shift Procedure agreed between you and Nest Care at the time of making the Booking, to ensure a smooth and timely conclusion to the Night Shift. End of Night Shift Procedure refers to the way the Consultant will conduct handover to you, whether or not to wake you and/or interact and report to you at the end of Night Shift prior to leaving your home.

13.1 Whilst our Consultants are great at providing sleep guidance and helping babies to sleep through the night, you acknowledge and agree that:

13.1.1 Casual Bookings (including during Night Shift) are for the purpose of guidance and respite, and are not designed or intended to constitute intensive sleep training or to take the place of sleep school;

13.1.2 From 0 – 4 months old, our Night Shift Consultants will engage in gentle sleep guidance, which is different from sleep training;

13.1.3 From 4 months old, our Night Shift Consultants will, at your request commence sleep training provided you make a Weekly Booking for between 5-7 nights per week for the specific purpose of intensive sleep training. At that point, the Rate on which your Fees are based will change to the applicable Sleep Consultant Rate.

13.2 You also acknowledge and agree that your baby’s needs may require that our Consultants provide in-home sleep training for every nap and sleep period your baby has until sleep problems improve. Hours required will vary for each family.  Often Live-In/Full-time Services are required for between 3-6 days to ensure all aspects of your baby’s routine and naps and sleeps are as per recommended guidelines. 

14.1 For a Booking that involves having our Consultant live with you for a period of time, at your home or with you or your baby at another location, you acknowledge and agree that:

14.1.1 Fees will be calculated on the basis of a 16-hour day based on:

14.1.1.1 8-12 hours being active caring/working (“Active Work”);

14.1.1.2 4-8 hours on call being passive babysitting and/or sleeping (“Passive Work”); and

14.1.1.3 8 hours (free time – non-sleeping) (“Time Off”);

whereby, if the cumulative period of Active Work and Passive Work exceeds 12 hours in a 24-hour period, a surcharge will apply;

14.1.2 you will provide our Consultants with, as a minimum:

14.1.2.1 a private room and/or separate sleeping arrangements and clean and comfortable bedding;

14.1.2.2 all meals or a reasonable meal allowance for three meals per day;

14.1.2.3 reasonable paid meal and personal breaks during working and on call hours; and

14.1.2.4 basic refreshments, for example water, tea, coffee.

15.1 If you place a Booking before your baby is born, and your baby:

15.1.1 Arrives early, we will place you with your chosen Consultant if, possible. If you chosen Consultant is not available, we will endeavour to provide an alternative Consultant for the intervening period.  However, we cannot guarantee that we will be able to provide a Consultant for the intervening period;   

15.1.2 Arrives late, or stays in hospital for longer than expected, you may elect to require our Consultant to remain on call or alternatively to delay the commencement of the Booking (subject to Consultant’s availability) by giving 48 hours’ notice, in which case:

15.1.2.1 If you require our Consultant to remain on call, you agree to pay 50 percent of the Fees (plus Booking Fees) for each shift our Consultant would have otherwise worked; or

15.1.2.2 If you elect to delay the commencement of the Booking, you will give Nest Care minimum of 48 hours’ notice of your desired commencement date and you acknowledge that:

15.1.2.2.1 Nest Care will use it best endeavours to make available your chosen Consultant or an alternative Consultant, depending on availability, and

15.1.2.2.2 Nest Care cannot guarantee availability of any Consultant for a Booking which has a delayed commencement date and will not be liable for any loss that you suffer as result.

16.1 Nest Care’s Services include classes covering sleep, routines and/or post-natal care and parenting on a private or group basis.

16.2 Classes may be held in person or via online video platform, as specified by Nest Care.

16.3 Fees for class Bookings must be paid in advance.

16.4 Refunds will only be provided for cancellations made more than 7 days before the date of the class (or where a course of classes, before the first class of the course). Nest Care reserves the right not to provide refunds for any cancellations with less than 7 days’ notice before the class (or first class of the course if applicable). 

17.1 If you hire Products from Nest Care, you agree:

17.1.1 To use the Products only for the purpose for which they are intended to be used and to keep the Products free from misuse, damage, contamination and pets or animals of any kind at all times;

17.1.2 To pay to Nest Care, the Fees associated with the hire of the Products for the Hire Period, together with any delivery/collection fees and any additional charges for cleaning, repairs or replacement;

17.1.3 To return or, if agreed by Nest Care, allow collection of the Products on the agreed return date in clean and useable condition. You acknowledge and agree that if you fail to return the Products, or if when you return the Products, cleaning or repairs or replacement is required, Nest Care may debit your credit card for to cover the cost of all such cleaning, repairs and replacement expenses; and

17.1.4 To comply with any other terms and conditions specified by Nest Care in relation to the hire of the Products from time to time.

18.1 If there are any issues or concerns about your Consultant which arise at any time, you may contact Nest Care at hello@nestcare.com.au or on 1300 88 63 78 (during Nest Care’s office hours) or in the case of emergencies, 0400 078 199.

18.2 Nest Care will review your communication and contact you as soon as possible with a proposed resolution.

19.1 You may use the Online Booking System by creating an Online Account on the Website or via phone.

19.2 You acknowledge you will be required to provide personal information, including your full name, address, mobile phone number, email address and payment information and warrant that all information provided by you is true, correct and up-to-date.

19.3 You will have the ability to opt in and out of receiving email communications from Nest Care.

19.4 Nest Care may request you provide proof of identity to confirm your personal information.

19.5 In using the Booking System and engaging Nest Care to provide the Services:

19.5.1 you warrant that all personal information you provide to Nest Care is true and correct;

19.5.2 you accept full responsibility for maintaining and keeping up to date all your Online Account details, including your personal information and payment information;

19.5.3 you accept full responsibility for maintaining the confidentiality of your Online Account details, including your personal information, password details and payment information and for logging out of your Online Account after use and especially when using a shared device, another person’s device or a public computer;

19.5.4 you agree to notify Nest Care immediately of any unauthorised use of your Online Account.

19.6 Nest Care reserves the right to:

19.6.1 refuse to set up an Online Account if the log in details are (in the reasonable opinion of Nest Care) ingenuine, obscene, indecent, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy laws or contain brand names, trade marks of the names of high profile people.

19.6.2 suspend or terminate your access to the Online Booking System, in Nest Care’s sole discretion and without prior notice to you, if:

19.6.2.1 Nest Care reasonably believes that your password or Online Account has been compromised; or

19.6.2.2 Nest Care reasonably believes that you have breached these Terms.

20.1 Nest Care provides insurance, workcover and Nest Care support and resources for its Consultants which protects you and your family.

20.2 You agree, not to engage or employ any of Nest Care’s Consultants, other than in accordance with these Terms, unless otherwise agreed in writing by Nest Care. For the sake of clarity, it would be fundamental breach of these Terms for you to engage a Nest Care Consultant privately, so as to avoid paying Fees to Nest Care. 

21.1 You acknowledge that intellectual property associated with the Nest Care branding included in or on the Website is owned by Nest Care or licensed to Nest Care and is protected by copyright, trade mark, and other laws in Australia. The intellectual property includes:

21.1.1 the Content; and

21.1.2 the Trade Marks.

21.2 The intellectual property is provided to you for your information and personal use and not for commercial use or for spam. Nest Care does not grant you any express or implied right to use, copy, reproduce, republish, modify, create derivative works from, store in or on any public or private electronic retrieval system, upload, post, communicate, transmit or distribute in any way any of the Content, the Trade Marks or any other intellectual property.

22.1 While Nest Care normally tries to make the Website available 24 hours a day 7 days a week, Nest Care does not guarantee that the Website will be available 24 hours a day 7 days a week.

22.2 Access to the Website may be suspended temporarily and without notice to you in the case of a system failure, required maintenance or repair or for reasons beyond Nest Care’s control.

22.3 Nest Care is not liable if for any reason the Website or any part of the Website is unavailable at any time or for any period due to maintenance, whether planned or unplanned, or for any other reason.

23.1 Nest Care reserves the right to at any time:

23.1.1 change, add or delete the design and content of the Website; or

23.1.2 discontinue publishing any of the information published on the Website, including its Services and/or prices on a temporary, permanent or indefinite basis; or

23.1.3 add new Services; or

23.1.4 change, suspend or discontinue any Service, or any part of it.

23.2 You agree that Nest Care is not required to give you prior notice in exercising these rights and in the event of this occurring, you are not entitled make any claims for compensation, damages or any other type, except where you have made and pre-paid for a Booking and the Booking or Service is cancelled or discontinued by Nest Care, you may be entitled to a refund of monies paid, but not entitled to compensation or damages.

24.1 Other than your personal information, which is covered by the Privacy Policy referred to below, any Material you transmit or post to the Website will be taken to be non-confidential and non-proprietary.

24.2 You warrant as follows in respect of the Material you transmit or post to the Website:

24.2.1 the Material is an original creation or you own or have the right to use the Material;

24.2.2 the Material is not misleading or deceptive;

24.2.3 the Material does not infringe the rights of any third party; and

24.2.4 the Material is not threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy laws.

24.3 In respect of the Material you transmit or post to the Website:

24.3.1 you assign your intellectual property rights in the material to Nest Care; and

24.3.2 you agree Nest Care and its Related Entities, officers, employees agents and contractors will be free to copy, disclose, distribute, incorporate and otherwise use the Material for any commercial or non-commercial purposes, including featuring the Material on the Website and in any other advertising, print material or other media release, without or without publishing your name and without being required to make any payment to you; and

24.3.3 Nest Care may, at any time, remove any Material you transmit or post to the Services, without prior notice to you, and in its sole discretion.

24.4 Nest Care does not endorse any of the Materials or any statements or opinions contained in the Materials.

24.5 You are prohibited from posting or transmitting to or from the Website anything:

24.5.1 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy laws or which may cause annoyance to, or inconvenience for, Nest Care or any other person; or

24.5.2 for which you have not obtained all necessary licences and/or approvals; or

24.5.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of, or infringe the rights of any third party in, any country in the world; or

24.5.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

24.6 It is Nest Care’s policy to co-operate fully with any law enforcement authorities or court order requesting or directing Nest Care to disclose the identity or locate anyone transmitting or posting anything, including Material in breach of this clause 22or any law.

24.7 You cannot make a claim against Nest Care and/or its Related Entities, officers, employees, agents and contractors for such use of the Material by Nest Care and/or its Related Entities, officers, employees agents and contractors for any commercial or non-commercial purposes.

24.8 You are liable for any claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to legal fees on a full indemnity basis) arising from or in connection with a breach of this clause 6 by you and you agree to indemnify and hold harmless Nest Care and its Related Entities, officers, employees agents and contractors, from and against such claims, damages, obligations, losses, liabilities, costs or debt and expenses.

24.9 You may not misuse or interfere with the Website, including the Online Booking System (including, without limitation, by hacking)

25.1 A “cookie” is a small text file placed on your computer by a web server when you access a website. The cookie identifies the computer being used, but not individual user.  Like many other websites, the Website uses cookies to make a record of your visit to the Website, and will record the following information:

25.1.1 your server address;

25.1.2 your top level domain name;

25.1.3 the date and time of access to the Services;

25.1.4 the pages accessed and documents downloaded;

25.1.5 the previous web site visited; and

25.1.6 the type of browser software in use.

25.2 Nest Care may use this information for various purposes, including statistical purposes, but in each case, the information collected cannot be used to identify you personally.

25.3 You may be able to disable cookies on your web browser but doing so may limit your ability to use the Website fully.

26.1 While Nest Care tries to ensure that the information Nest Care provides in relation to the Services, including Fees, description of Services, are correct, Nest Care does not warrant the accuracy, currency, completeness or usefulness of that information. You agree any advice on the Website or provided by our Consultants providing the Services, is not intended to, and does not, constitute professional advice.

27.1 You expressly agree that use of the Website, Services and the Online Booking System is at your sole risk.

27.2 Nest Care excludes all warranties and guarantees in connection with the Services and your use of them. For the avoidance of doubt, this exclusion includes an exclusion of all conditions and warranties implied by custom, the general law or statute, except for any warranties or guarantees which may not be excluded by force of the ACL or similar legislative provision.

27.3 To the extent permitted by law, Nest Care is not liable to you for any loss, claim cost, expense, damages or liability, including but not limited to loss of data, loss of income or profits, loss of goodwill or any other direct, indirect, special or consequential loss or damage, suffered or incurred by you or any other person as a result of:

27.3.1 your use or access, inability to use or access the Website and the Services or the content or material on such Website; or

27.3.2 your use of or inability to use or the failure of the Online Booking System, including errors made by you in making a Booking or in any way connected with, any cause outside of the reasonable control of Nest Care, including but not limited to delays due to traffic, accidents or weather conditions, strikes, industrial disputes, terrorism, riot, fire, storm and other acts of God, communications or network failures; and

27.3.3 viruses that may infect your computer equipment, software, data or other property on account of your use of, access to or browsing of the Website or the Online Booking System, or your downloading of any content or material from the Website or the Online Booking System or any linked services.

27.4 In relation to any Booking, the liability of Nest Care and its Franchisees under any guarantee or warranty implied or stipulated by the ACL or similar legislative provision which may not be excluded but which may be limited in any of the following ways, is limited to:

27.4.1 at the option of Nest Care:

27.4.1.1 a refund of the price paid by you for the Services; or

27.4.1.2 the re-supply by Nest Care of the Services.

27.5 These Terms will not be construed as excluding, qualifying or limiting your statutory rights or remedies.

You:

28.1 release and forever discharge Nest Care from any and all claims, actions, disputes, demands, proceedings, accounts, interest, costs (whether or not the subject of a court order), expenses and liabilities of whatever nature and however arising which you may now have or at any time thereafter might have or, but for these Terms, might have had against Nest Care arising out of or in any way connected with or incidental to the use or misuse of the Services or the Website including the Online Booking System (including in relation to any Material which you upload to the Website);

28.2 covenant in favour of Nest Care not to bring or pursue, procure that a third party bring or pursue, provide financial support for or otherwise support any claim, action, dispute, demand or proceeding in any court or tribunal in respect of any matter which is the subject of a release under clause 1; and

28.3 irrevocably indemnify and hold harmless Nest Care, from and against any and all claims, liabilities, losses, costs and expenses (including but not limited to legal fees on a full indemnity basis) arising out of or in any way connected with or incidental to:

28.3.1 the use or misuse of or access to the Services or the Website including the Online Booking System by you or authorised, enabled or facilitated by you or your officers, employees, agents or contractors; and

28.3.2 any breach of any of these Terms by you.

29.1 Links to third party websites, applications, platforms and media channels (third party platforms) on the Website are provided solely for your convenience. If you use these links, you leave the Website and you will be bound by the terms and conditions applicable to the third-party platforms. Nest Care has not reviewed all of these third-party platforms and does not control and is not responsible for these third party platforms or their content or availability. Nest Care, therefore, does not endorse or make any representations about them or any content found there or any results that may be obtained from using them. If you decide to access any of the third-party platforms you do so entirely at your own risk.

29.2 You may not create links to the Website or the Online Booking System without Nest Care’s prior written consent.

If there is any inconsistency or conflict between any of these Terms and anything stated in any part of the Website or on the Online Booking System, unless expressly stated otherwise, these Terms prevail to the extent of the inconsistency or conflict.

If any provision of these Terms is held by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the balance of these Terms.

These Terms are governed by the law in force in Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, and any court that may hear appeals from any of those courts. You irrevocably waive any right you might have to claim that those courts are an inconvenient forum and any objection to the venue of any proceedings on the ground that they have been brought in an inconvenient forum.

33.1 Your use of the Website, the Services and the making of a Booking will require you to submit personal information. The personal information that Nest Care collects and uses may include your name, address, mobile phone number, email address, date of birth and payment information. Nest Care may also require you to provide sensitive information, principally health information about you and members of your household.  Without the requested personal and sensitive information, Nest Care may be unable to provide the Services.

33.2 The Privacy Policy forms part of these Terms and applies to all personal and sensitive information submitted by you.

33.3 Nest Care will use and disclose your personal and sensitive information as required to provide the Services and as permitted by its Privacy Policy and as required by law.

33.4 Unless Nest Care notifies you otherwise, Nest Care does not actively disclose your personal and sensitive information overseas. However, use of certain programs or websites by Nest Care, may involve inadvertent disclosure overseas.  Further information relating to the programs or websites being used and the countries to which your personal and sensitive information may be disclosed, is contained in the Privacy Policy.

33.5 By using the Services and the Booking System and providing Nest Care with your personal and sensitive information, you agree to the Privacy Policy and consent to Nest Care collecting, using, disclosing, processing, and storing your personal information in accordance with the Privacy Policy.

33.6 If you consent to disclosure of your personal and sensitive information as described above, Nest Care is not required to take reasonable steps to ensure that programs or websites referred to above do not breach the Australian Privacy Principles (APPs) in relation to the disclosed information, Nest Care will not be liable under the Privacy Act 1988 (Cth) and you will not be able to seek redress under the Privacy Act 1988 (Cth). Such entities may not be subject to any privacy obligations in their own country that are similar to the APPs, you may not be able to seek redress in the overseas jurisdiction and the overseas recipient could be subject to foreign laws that compel disclosure to third parties, such as overseas authorities.  Having been informed of the possibility that such disclosures may occur, you consent to that disclosure by making your Booking.

33.7 The Privacy Policy also contains information about how you may access or seek correction of your personal information, how to file a complaint and how Nest Care will deal with your complaint.

33.8 To view Nest Care’s full Privacy Policy, please click here nestcare.com.au/privacy