Terms of Use

All Find Fran customers tick a box agreeing to our Terms of Use when they join or register. A link to the Terms of Use is located on the home page. Links to the Terms of Use also appear within the “Frequently Asked Questions” pages to ensure customers can find them easily.
This website is owned and operated by Find Fran Pty Ltd.

In these terms, “Babysitter” includes any person offering child care services via the site, including as a babysitter or nanny, and “Parent” includes a parent or guardian of a child or any other person looking for a Carer for a child via the site.
Acceptance of these Terms and Conditions
Your access to and use of this site will be governed by these terms.
These terms incorporate the Conditions of Use, the Privacy Policy, and any other terms, conditions, notices and disclaimers contained elsewhere on the site.
We may change these terms at any time. If we do, an amended version of these terms will be posted on the site. Your continued use of the site after any changes are made to the terms will be deemed to constitute your acceptance of those changes. If you object to any changes to the terms, or otherwise become dissatisfied with your membership, your only remedy is to discontinue your use of the site and/or terminate your membership.

How do I become a member of the site?

In order to access certain services and functions on the site, you are required to register as a member of the site. By becoming a member of the site. Carers must be aged 18 and over and legally able to work in Australia in order to register and advertise their availability on the site. Parents must pay the nominated fee to become a member of the site. Parents are not permitted to share accounts. Carers are not permitted to create multiple profiles.

DUE TO LEGISLATIVE REQUIREMENTS IN TASMANIA, YOU ARE NOT PERMITTED TO REGISTER AS A CARER OR PARENT IF YOU ARE OFFERING OR SEEKING CHILD CARE SERVICES IN THAT JURISDICTION.

Businesses and organisations, including child care centre operators, nanny or babysitting agencies and recruitment companies are not permitted to register as a Parent or Carer on the site. The site is for the personal use of individual members only. The site must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails without our express consent.
When registering as a member, you must provide us with accurate, complete and up-to-date information as requested. All personal information you provide to us will be treated in accordance with our Privacy Policy. Members are not permitted to publish personal contact details including email address, and phone numbers on their public profile statement, job description, or feedback ratings. By becoming a member, you acknowledge that we may be compelled to disclose your personal details, including to any Government authority, such as the Australian Tax Office.

You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session. We may at any time request a form of identification to verify your identity and/or your compliance with these terms.

How the site works

Find Fran is a babysitter and nanny job site. It is a place where babysitters and nannies can advertise their child care services and Parents can post child care job opportunities and make initial contact with babysitters and nannies. It is NOT an employment agency and we are NOT involved in any employment or other relationship between Parents, babysitters and nannies. We have not vetted, and we do not recommend, Babysitters and Nannies listed on the site. Parents are wholly responsible for all aspects of contacting, screening, selecting and employing a Babysitter and Nanny. Members are wholly responsible for complying with all applicable laws in relation to their employment relationship. We are not responsible for the conduct of any member of the site, either online or offline.

Content

The Find Fran Conditions of Use outline the types of content that cannot be posted or transmitted via the site (including content that is false or misleading, defamatory or offensive). Those conditions also apply in relation to the transmission of content between members of the site by other means (for example, in “offline” email exchanges between members).
Any content that you transmit or post on the site, or otherwise transmit to any other member by any other means, must be complete and accurate.

Any content that you transmit or post on the site, or otherwise transmit to any other member of the site by any other means, will be considered non-confidential. For security reasons, you will not be permitted to post any personal contact details on your profile or job posting including links to facebook (or other third party website).
We reserve the right, but have no obligation, to review any member’s use of the site or to review any content transmitted or posted on the site or (where possible) transmitted to any member of the site by any other means.
Without limiting your responsibilities under these terms, we reserve the right to modify and/or remove any content that, in our opinion, violates these terms, is inappropriate or otherwise has the potential to harm, endanger or violate the rights of any person.

Conduct

Unfortunately, it is possible that other members of the site may use the site in violation of these terms.
We urge you to be cautious when interacting with other members. We take your online and offline security very seriously. If you are experiencing problems with any other member and would like to make a complaint, please contact us.

We reserve the right, but have no obligation, to monitor disputes between members of the site. You agree to hold us harmless in connection with any dispute or claim that you make against any other member of the site.
We may record and store any information relating to your membership, including any complaint made against you. We reserve the right to disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.

Acceptance of Risk and Release from Liability

You are wholly responsible for your participation on the site and you use the site at your own risk.
You acknowledge that we are not responsible for, and accept no liability in relation to, your use of the site or your conduct in connection with the site (whether online or offline), or any other members’ use of the site or conduct in connection with the site (whether online or offline), in any circumstance.
You are solely responsible for content that you transmit or post via the site, or otherwise transmit to any member of the site by any other means. We disclaim all liability with respect to, any content transmitted or posted on the site, or otherwise transmitted to any member by any other means, by any person, including your reliance on such content.
We make no warranties or representations as to the quality, accuracy or completeness of the content on the site or the information otherwise provided by any member, the conduct or quality of the care provided by babysitters and nannies or the conduct or quality of Parents.
You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the site, including any breach by you of the terms.
To the maximum extent permitted by law, we exclude all implied representations and warranties which might apply in relation to your use of the site. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the site purchased by you during the term of your membership.
In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.

Service, charges and refunds

Unless expressly stated otherwise, the pricing for use of any chargeable service or feature on the site will be stated GST inclusive.
We reserve the right to change or discontinue any service or feature on the site in whole or in part any time. We reserve the right to change the pricing for any chargeable service or feature on the site at any time.
While we use reasonable endeavours to ensure that the site is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the site may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.
In no event will you be entitled to any refund of payments for chargeable services or features. In particular, Parents are not entitled to any refund if they fail to find a babysitter or nanny via the site. We do not make any representation or guarantee that a Parent will find a babysitter or nanny via the site, nor do we make any representation or guarantee that babysitters and nannies will be available for employment in any area. Nor are parents entitled to a refund of any “unused” portion of their subscription if they wish to cancel (or no longer require) their subscription for any reason.
Termination

We may terminate your membership at any time for any reason by providing written notice to you. In no event will you be entitled to any refund of payments for chargeable services or features. We will review requests for refunds at our sole discretion.

We may terminate your membership if you are in breach of these terms or if we otherwise believe (acting reasonably) that you are unfit to be a member of the site.
We also reserve the right to, without limitation, do any or all of the following in relation to your membership:

– suspend your membership;
– permanently or temporarily hide all or part of your member profile;
– modify your member profile; deactivate your membership if you have not used the site for a period of 6 months or more (from the date of last use); and/or permanently or temporarily block your access to all or part of the site.
You can terminate your membership at any time by emailing us.

Intellectual Property

The site is protected by Australian and International copyright and other intellectual property laws. You may download material on this site for your personal, non-commercial use only. You must obtain our express written permission to reproduce any part of the site or other intellectual property owned by us or to create a link to the site.

Links to Third Party Sites and Advertisements

This site may contain third party advertisements and links to third party sites. Access to any other Internet site linked to this site is at your own risk and we accept no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made in any third party advertisements or on any third party sites.

General

Your use of this Site will be governed by and construed pursuant to the laws of Victoria and you agree to submit to the non-exclusive jurisdiction of the courts in that State.

Any failure by us at any time to enforce any of the provisions of these terms and conditions or any of its rights will not be a waiver of such provisions, rights or elections or affect the validity of these terms and conditions.
If any clause or part of a clause of these terms and conditions is invalid, illegal, unlawful or otherwise being incapable of enforcement, that clause or part of a clause will be deemed to be severed and of no force and effect but all other clauses and parts of clauses of these terms and conditions will nevertheless prevail and remain in full force and effect and be valid and fully enforceable. No clause or part of a clause of these terms and conditions will be construed to be dependent upon any other clause or part of a clause unless so expressed.