Terms and Conditions
1. General
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 Amanda McGill means Amanda McGill (ABN 40 270 995 991) 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 Amanda McGill or licensed to Amanda McGill;
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 Amanda McGill which may be an Online Booking or a Phone Booking;
1.1.9 Booking Fee means the non-refundable booking fee payable to Amanda McGill in addition to fees for Services as set out on the Website, as amended by Amanda McGill 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 Amanda McGill 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 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;
1.1.18 Monthly Booking means a Booking for one or more shifts per week for 4 weeks or longer;
1.1.19 Night Shift means in home night time support between the hours of 7 pm and 7 am;
1.1.20 Online Booking is a Booking made via the Website;
1.1.21 Online Booking System is the booking system through which Online Bookings are made via the Website;
1.1.22 Phone Consultation is a Service provided by Amanda McGill in accordance with clause 10;
1.1.23 Phone Booking is a Booking made during phone call with Amanda McGill;
1.1.24 Privacy Policy means the Amanda McGill Privacy Policy at https://www.amandamcgill.com.au/privacy-policy/
1.1.25 Rate is the price per hour, from time to time set out on the Website or advised by Amanda McGill, at which you will be charged for engaging Amanda McGill, which will differ depending on whether you're engaging Amanda McGill as a:
1.1.25.1 Maternity Nurse (registered and unregistered healthcare workers or nurses); or
1.1.25.2 Sleep consultant and lactation consultant; and which will also differ depending on whether the Service involves:
1.1.25.3 Day Shift;
1.1.25.4 Night Shift;
1.1.25.5 more than 12 hours;
1.1.25.6 weekend work; and
1.1.25.7 other relevant factors.
1.1.26 Registration Fee means the once only fee charged the first time you use the Website, or place a Booking;
1.1.27 Related Entity has the same meaning as in the Corporations Act 2001(Cth);
1.1.28 Services means the services provided Amanda McGill which include:
1.1.28.1 Phone Consultations;
1.1.28.2 In-home infant care (Day Shift or Night Shift);
1.1.28.3 Live-in support and holiday/overseas nannying for infants;
1.1.28.4 Consultation services (sleep, maternity or lactation) and;
1.1.28.5 Pre or post-natal parenting guidance classes
1.1.29 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 Amanda McGill from time to time;
1.1.30 Terms means these terms and conditions of use;
1.1.31 Trademarks means the brand names, trademarks and logos which are owned by Amanda McGill or licensed to Amanda McGill;
1.1.32 Website means this website at https://www.amandamcgill.com.au/ or any other website owned or operated by Amanda McGill and/or its Related Entities;
1.1.33 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 Amanda McGill.
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 Amanda McGill 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 Amanda McGill 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. Use of Website and purpose
2.1 Amanda McGill grants you a non-exclusive licence to use the Website, subject to these Terms. Amanda McGill 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 Amanda McGill;
2.2.2 provide information about prices of Services available at Amanda McGill 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 Amanda McGill 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 Amanda McGill.
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 Amanda McGill 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 Amanda McGill.
3. Medical Disclaimer
3.1 You acknowledge and agree that:
3.1.1 Amanda McGill does not provide medical care or medical advice;
3.1.2 Amanda McGill is a registered midwife, not a doctor;
3.1.3 Any information, resources or advice provided by Amanda McGill is based on Australian or world health and/or evidence based scientific research. Amanda McGill 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 Amanda McGill 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, Amanda McGill may seek a referral from your GP to ensure the suitability of Amanda McGill’s advice, strategies and plans.
4. Booking
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 Amanda McGill;
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. Amanda McGill 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 Amanda McGill 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 Amanda McGill to provide the Services, which is capable of being accepted by Amanda McGill.
4.4 On acceptance of your offer by Amanda McGill, 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 Amanda McGill reserves the right to refuse to accept your Booking for any reason.
5. Payment
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 Amanda McGill 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 Amanda McGill.
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 Amanda McGill will use reasonable endeavours to notify you as soon as practicable.
5.7 Amanda McGill 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 Amanda McGill 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 Amanda McGill 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. Cancelling all or part of your booking
6.1 If you change or cancel your Booking close to the time and date for the Booking, Amanda McGill 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, Amanda McGill 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 Amanda McGill a minimum of 24 hours’ notice and you acknowledge that Amanda McGill 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 Amanda McGill, a Surcharge will apply in addition to Fees for the additional hour(s);
6.4.2 Where a request to provide the Service longer than the scheduled shift is accepted by Amanda McGill, 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 Amanda McGill, no refunds will be given.
6.5 If, due to unforeseen circumstances, Amanda McGill is unable to provide the Service, Amanda McGill will advise you of the situation at the earliest opportunity. In that situation, if you have pre-paid for the Service, Amanda McGill will provide you with your choice of:
6.5.1 a refund for Fees the Service that Amanda McGill was unable to provide (including Booking Fees); or
6.5.2 a credit which can be set off against Fees for future Bookings.
6.6 Amanda McGill will not be responsible for any loss or damage suffered by you as a direct or indirect consequence of Amanda McGill’s inability to provide the Service
7. Household illness
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 Amanda McGill immediately and provide all relevant details as to the symptoms and persons affected, and if requested by Amanda McGill, provide a medical certificate relating to the illness.
7.2 Amanda McGill reserves the right to cancel the Booking if Amanda McGill determines that the illness may be contagious and/or may place Amanda McGill at risk by providing the Service.
7.3 If you advise Amanda McGill of illness more than 24 hours before the commencement of the Service, and Amanda McGill 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 Amanda McGill of illness less than 24 hours but more than 3 hours before the commencement of the Service, and Amanda McGill 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 Amanda McGill will be required to pay its Consultant plus Booking Fee;
7.5 If you advise Amanda McGill of illness less than 3 hours before the commencement of the Service, or fail to advise regarding the illness until Amanda McGill arrives (or at all), and Amanda McGill decides to cancel the Booking, you will not receive a refund or a credit against future Bookings.
8. Your conduct
8.1 Amanda McGill is 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 Amanda McGill and to other members of your household during the Service.
8.3 If, at any time, Amanda McGill is subjected to, or witnesses, disrespectful, offensive, unlawful or argumentative or violent behaviour that causes Amanda McGill to feel uncomfortable or unsafe, Amanda McGill will leave the premises and Amanda McGill will cancel the Booking and no refunds will be offered.
8.4 You acknowledge and agree that Amanda McGill is subject to and is required to comply with mandatory reporting laws in relation to child abuse.
9. Phones
You agree that, whilst engaging in personal phone calls whilst providing Services is discouraged by Amanda McGill, Amanda McGill will not be prevented from keeping their mobile phones with them at times. This is a safety requirement.
10. Phone Consultations
10.1 Phone Consultations generally consist of:
10.1.1 An initial review with Amanda Mcgill at time of making Booking (this is usually online via a questionnaire);
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 Amanda McGill 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 Amanda Mcgill 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. Day shifts
11.1 Services include Day Shifts.
11.2 Minimum length of a Day Shift is 3 hours and the maximum length is 12 hours.1
1.3 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 Amanda McGill with, as a minimum:
11.4.1 reasonable paid meal and personal breaks;
11.4.2 basic refreshments, for example water, tea, coffee.
12. Night Shift
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.
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 Amanda MGill is 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 Amanda McGill 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 Amanda McGill 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 Amanda McGill 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. Sleep Consultant
13.1 Whilst Amanda McGill is 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, Amanda McGill 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 Amanda McGill 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. Live-in/Holiday Periods
14.1 For a Booking that involves having Amanda McGill 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 Amanda McGill 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. Ante-natal bookings
15.1 If you place a Booking before your baby is born, and your baby:
15.1.1 Arrives early and Amanda McGill 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 Amanda McGill to remain on call or alternatively to delay the commencement of the Booking (subject to Amanda McGill’s availability) by giving 48 hours’ notice, in which case:
15.1.2.1 If you require Amanda McGill 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 Amanda McGill minimum of 48 hours’ notice of your desired commencement date and you acknowledge that:
15.1.2.2.1 Amanda McGill will use it best endeavours to make available your chosen Consultant or an alternative Consultant, depending on availability, and
15.1.2.2.2 Availability of Amanda McGill cannot be guaranteed for a Booking which has a delayed commencement date and will not be liable for any loss that you suffer as result.
16. Use of online booking system
16.1 You may use the Online Booking System by creating an Online Account on the Website or via phone.
16.2 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.
16.3 You will have the ability to opt in and out of receiving email communications from Nest Care.
16.4 Amanda McGill may request you provide proof of identity to confirm your personal information.
16.5 In using the Booking System and engaging Amanda McGill to provide the Services:
16.5.1 you warrant that all personal information you provide to Amanda McGill is true and correct;
16.5.2 you accept full responsibility for maintaining and keeping up to date all your Online Account details, including your personal information and payment information;
16.5.3 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;
16.5.4 you agree to notify Amanda McGill immediately of any unauthorised use of your Online Account.
16.6 Nest Care reserves the right to:16.6.1 refuse to set up an Online Account if the log in details are (in the reasonable opinion of Amanda McGill) 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.
16.6.2 suspend or terminate your access to the Online Booking System, in Amanda McGill’s sole discretion and without prior notice to you, if:
16.6.2.1 Amanda McGill reasonably believes that your password or Online Account has been compromised; or
16.6.2.2 Amanda McGill reasonably believes that you have breached these Terms.
17. Intellectual Property
17.1 You acknowledge that intellectual property associated with the Amanda McGill branding included in or on the Website is owned by Amanda McGill or licensed to Amanda McGill and is protected by copyright, trade mark, and other laws in Australia. The intellectual property includes:
17.1.1 the Content; and
17.1.2 the Trade Marks.
17.2 The intellectual property is provided to you for your information and personal use and not for commercial use or for spam. Amanda McGill 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.
18. Availability and access
18.1 While Amanda McGill normally tries to make the Website available 24 hours a day 7 days a week, Amanda McGill does not guarantee that the Website will be available 24 hours a day 7 days a week.
18.2 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 Amanda McGill’s control.
18.3 Amanda McGill 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.
19. Changes to the website and services
19.1 Amanda McGill reserves the right to at any time:
19.1.1 change, add or delete the design and content of the Website; or
19.1.2 discontinue publishing any of the information published on the Website, including its Services and/or prices on a temporary, permanent or indefinite basis; or
19.1.3 add new Services; or
19.1.4 change, suspend or discontinue any Service, or any part of it.
19.2 You agree that Amanda McGill 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 Amanda MCGill, you may be entitled to a refund of monies paid, but not entitled to compensation or damages.
20. Your material and online conduct
20.1 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.
20.2 You warrant as follows in respect of the Material you transmit or post to the Website:
20.2.1 the Material is an original creation or you own or have the right to use the Material;
20.2.2 the Material is not misleading or deceptive;
20.2.3 the Material does not infringe the rights of any third party; and
20.2.4 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.
20.3 In respect of the Material you transmit or post to the Website:
20.3.1 you assign your intellectual property rights in the material to Amanda McGill; and
20.3.2 you agree Amanda McGill 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
20.3.3 Amanda McGill may, at any time, remove any Material you transmit or post to the Services, without prior notice to you, and in its sole discretion.
20.4 Amanda McGill does not endorse any of the Materials or any statements or opinions contained in the Materials.
20.5 You are prohibited from posting or transmitting to or from the Website anything:
20.5.1 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
20.5.2 for which you have not obtained all necessary licences and/or approvals; or
20.5.3 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
20.5.4 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).
20.6 It is Amanda McGill’s policy to co-operate fully with any law enforcement authorities or court order requesting or directing Amanda McGill to disclose the identity or locate anyone transmitting or posting anything, including Material in breach of this clause 22 or any law.
20.7 You cannot make a claim against Amanda McGill and/or its Related Entities, officers, employees, agents and contractors for such use of the Material by Amanda McGill and/or its Related Entities, officers, employees agents and contractors for any commercial or non-commercial purposes.
20.8 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 Amanda McGill and its Related Entities, officers, employees agents and contractors, from and against such claims, damages, obligations, losses, liabilities, costs or debt and expenses.
20.9 You may not misuse or interfere with the Website, including the Online Booking System (including, without limitation, by hacking)
21. Cookies
21.1 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:
21.1.1 your server address;
21.1.2 your top level domain name;
21.1.3 the date and time of access to the Services;
21.1.4 the pages accessed and documents downloaded;
21.1.5 the previous web site visited; and
21.1.6 the type of browser software in use.
21.2 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.
21.3 You may be able to disable cookies on your web browser but doing so may limit your ability to use the Website fully.
22. Disclaimer
22.1 While Amanda McGill tries to ensure that the information Amanda McGill provides in relation to the Services, including Fees, description of Services, are correct, Amanda MCGill does not warrant the accuracy, currency, completeness or usefulness of that information. You agree any advice on the Website or provided by Amanda McGill providing the Services, is not intended to, and does not, constitute professional advice.
23. Limitation of liability
23.1 You expressly agree that use of the Website, Services and the Online Booking System is at your sole risk.
23.2 Amanda McGill 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.
23.3 To the extent permitted by law, Amanda McGill 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:
23.3.1 your use or access, inability to use or access the Website and the Services or the content or material on such Website; or
23.3.2 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 Amanda McGill, 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
23.3.3 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.
23.4 In relation to any Booking, the liability of Amanda McGill 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:
23.4.1 at the option of Amanda McGill:
23.4.1.1 a refund of the price paid by you for the Services; or
23.4.1.2 the re-supply by Amanda McGill of the Services.
23.5 These Terms will not be construed as excluding, qualifying or limiting your statutory rights or remedies.
24. Release and indemnity
You:
24.1 release and forever discharge Amanda McGill 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 Amanda McGill 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);
24.2 covenant in favour of Amanda McGill 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
24.3 irrevocably indemnify and hold harmless Amanda McGill, 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:
24.3.1 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
24.3.2 any breach of any of these Terms by you.
25. Links
25.1 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. Amanda McGill 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. Amanda McGill, 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.
25.2 You may not create links to the Website or the Online Booking System without Amanda McGill’s prior written consent.
26. Conflicts with other parts of services
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.
27. Unenforceable terms
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
28. Governing laws and 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.
29. Privacy
29.1 Your use of the Website, the Services and the making of a Booking will require you to submit personal information. The personal information that Amanda McGill collects and uses may include your name, address, mobile phone number, email address, date of birth and payment information. Amanda McGill 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, Amanda McGill may be unable to provide the Services.
29.2 The Privacy Policy forms part of these Terms and applies to all personal and sensitive information submitted by you.
29.3 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.
29.4 Unless Amanda McGill notifies you otherwise, Amanda McGill does not actively disclose your personal and sensitive information overseas. However, use of certain programs or websites by Amanda McGill, 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.
29.5 By using the Services and the Booking System and providing Amanda McGill with your personal and sensitive information, you agree to the Privacy Policy and consent to Amanda McGill collecting, using, disclosing, processing, and storing your personal information in accordance with the Privacy Policy.
29.6 If you consent to disclosure of your personal and sensitive information as described above, Amanda McGill 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, Amanda McGill 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.
29.7 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 Amanda McGill will deal with your complaint.
29.8 To view Amanda McGill’s full Privacy Policy, please click here www.amandamcgill.com.au