terms and conditions for Candidates

find full Terms and Conditions here. Please read them carefully.

important points to note

By registering to use our services you are agreeing that you have read, understood and will be bound by our Terms and Conditions. Full Terms and Conditions can be found here.

All placements by us with clients we have introduced to you must be made through us and no bookings or offers of employment by a client are to be accepted directly by you. Should you accept an offer of employment directly with a client you will be liable to pay us the placement fee that would otherwise have been payable by the client.

Where you accept an offer of employment with a client, it is the client who will be your legal employer – not Gumnut Nannies.

As your employer the Client will be responsible for meeting their work health and safety and/or industrial and employment obligations to you, including the requirement to pay your wages, income tax and/or superannuation.

Please note that we are acting as an agent for the client only and not your employer, and as a result we do not accept any liability or responsibility for any loss, claim, damage to property (whether owned by you or any other person) or damage or injury to any person (including death) arising as a result of, or caused by, any act or omission or misconduct by you, the client or any other person that occurs in the course of any placement you accept through us.

full Terms and Conditions

1. Definitions

"Client" means a person who has engaged Us to provide the Services.

"Services" means Our service of sourcing and introducing appropriately qualified candidates for future employment with Clients as a Nanny.

"We", "Us" or "Our" means Gumnut Nannies Pty Ltd ACN 654 337 201 and its employees, directors, officers, associates and/or agents.

"You", "You" means the person and/or candidate who has registered a job application form with Us for the purpose of being introduced to and/or employed by a Client.

2. How Our Services work

2.1 Once You have registered with Us, We will match Your skills, experience and availability and/or preferences against known vacancies with Our Clients.

2.2 You agree that a pre-condition to being recommended for a placement with a Client is to complete the full recruitment process including: attending an interview with Us either in person or via Audio Visual Link; satisfactory reference checks; provision of current Working with Children Checks, Police Checks, provision of appropriate forms of identification documents, evidence of a current First Aid certificate (including unit standard HLTAID003) or that You have booked a course to obtain this qualification and evidence of Your right to work in Australia.

2.3 Where We consider You would be suitable for a placement, We will provide Your details to a Client who will then inform Us if they wish to proceed to an interview. We will facilitate that interview and assist both parties in finalising the terms of any formal employment. By registering with Us you authorise Us to provide prospective Clients with the information You have supplied to Us, including Your personal information (as that term is defined under the Privacy Act 1988 (Cth)).

2.4 We will interview the Client before introducing You to them, however You expressly acknowledge and agree that We cannot guarantee and neither do We warrant all of the information Clients provide Us in relation to the location and duties of a placement are correct or the Client's suitability for a placement with You and/or their reliability, honesty and character.

2.5 You agree that You are responsible for satisfying Yourself as to the appropriateness of a placement and the Client prior to accepting an offer of employment.

2.6 We agree to support You by providing advisory services appropriate to the provision of childcare for Clients and/or support with any questions or issues that arise during placements facilitated by Us.

3. Candidate Obligations

3.1 You expressly warrant and agree that the information You provide to Us is true and accurate.

3.2 You agree that all placements with a Client that We have introduced to You are to be made directly between You and Us and no bookings or offers of employment will be accepted directly by You. Should You breach this obligation You agree that You are liable to pay Us the placement fee which would otherwise have been payable to Us by the Client.

3.3 Where We put You forward to a Client for a placement You are required to:

(a) inform Us when You are planning to interview with the Client (if for any reason the interview has not been arranged by Us);

(b) keep us informed of any or all communications with the Client; and

(c) inform us if an offer of employment has been made to You by the Client as well as details of that employment (i.e. temporary or permanent starting date, etc.).

3.4 Where You have been put forward for a position that has been advertised elsewhere via a third- party agency or website (or privately) You must inform Us immediately and make Us aware whether We or a third-party put You forward first.

3.5 You agree that in any placement with a Client You will:

(a) perform your duties in a conscientious manner and at all times with due diligence, skill and care;

(b) not under any circumstances leave a child alone or unattended;

(d) comply with the terms of Your employment contract with the Client;

(e) ensure a smoke and/or vape free environment is maintained and that no alcohol or drugs are consumed by You while children are in Your care;

(f) if using a motor vehicle as part of Your duties, comply with the relevant road rules and to the extent You commit any traffic offences or parking infringements, unless otherwise agreed with the Client, accept responsibility for payment of any or all penalties and fines.

3.6 Where You accept an offer of employment with a Client, You acknowledge and agree that the Client will be your legal employer– Not the agency (Us). As Your employer the Client will be responsible for meeting their work health and safety and/or industrial and employment obligations to You, including the requirement to pay Your wages, income tax and/or superannuation.

3.7 You agree that We reserve the right to cancel Your registration with Us and otherwise reserve Our rights at law for any serious misconduct by You, including but not limited to, not turning up to a booking, any form of conduct that We believe, in Our sole discretion, amounts to mistreatment or abuse to children in Your care or disregard for a Client's property or person or failure to comply with these Terms and Conditions.

4. Work Health and Safety

4.1 The Client, as Your legal employer, is required to provide You with a clean and hygienic living and working environment and a safe place to work.

4.2 You agree that if where You consider that You have been mistreated or harmed in any way, feel threatened or unsafe or in circumstances where the Client has failed to comply with their obligations to You under Your employment contract and/or the Work Health and Safety Act 2010 (NSW) and its regulations (as amended from time to time), You will notify Us immediately and terminate Your employment with the Client.

4.3 You agree that You will have Our telephone contact number 0435 754 930 programmed into Your phone, in case You need to call Us during work hours or in the case of an emergency.

5. Liability

5.1 We act as an agent for the Client and not as Your employer. We accept no liability or responsibility for any loss, claim, damage to property (whether owned by You or any other person) or damage or injury to any person (including death) arising as a result of or caused by any act or omission or misconduct by You, the Clients or any other person and You expressly agree to indemnify Us and hold Us harmless from all such loss and damage.

5.2 To the full extent permitted by law, We expressly exclude all representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and will not be liable for any loss or damages whatsoever or howsoever caused, including without limitation any direct, indirect, special, consequential, punitive or incidental damages or damages for loss which may result from Your acceptance of a placement with a Client We have introduced to You.

6. Confidentiality

6.1 All communication between the parties shall remain confidential.

6.2 In order to register with Us for a placement, We will request personal information such as Your name, address, phone number and Your email address. We will keep this information secure in accordance with Our privacy policy which can be found here.

6.3 You must not to disclose and always agree to keep confidential:

(a) personal information of Clients, including any and all identifying information along with the contents of any documents/emails forwarded to You by Us on the Client's behalf; and

(b) any correspondence or communication, either verbal, written (including via text, via Messenger or other social media platform and/or email) between You, Us and/or the Client, their information and/or prospective and/or final terms of employment.

7. Website terms of use

7.1 You are permitted to use Our website so long as You do not:

(a) Disseminate, use or reproduce any of the materials found on the website for commercial purposes without first obtaining permission from Us to do so;

(b) Commit or encourage the committal of a criminal offence or violation of any laws through Our website, products or services;

(c) Transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene or related to dishonest or criminal activity;

(d) Hack into any aspect of the service, corrupt data or cause annoyance to any other users;

(e) Infringe upon the rights of any other person's proprietary rights;

(f) Send any unsolicited advertising or promotional material, often referred to as spam; or

(g) Attempt to affect the performance or functionality of any computer facilities access through this website.

7.2 Breaching these conditions may result in Your access to the website and/or provision of the Services being permanently suspended or terminated, at Our discretion.

7.3 By accessing Our website, You assume all risk associated with its use including, but not limited to, the risk of Your computer or other device being damaged by any virus or malware transmitted by the website or any third-party content, third-party website or third-party themselves.

8. Intellectual Property

8.1 The website is owned and operated by Us and We and/or a third-party who has authorized Us to use its content are the copyright owner(s) of the content of this website. No part of this website may be reproduced, adapted, performed in public or transmitted in any form by any process without Our prior express written permission. All rights are reserved.

8.2 You have no right to, nor any rights in any of the content found on Our website, other than to access and display the website's content for personal and non-commercial purposes.

8.3 The website may contain links or display the content of a third-party website operated by other organisations or individuals. These websites are not under Our control, and as a consequence We do not make any warranties or claims regarding the third-party content or websites. Access to third-party websites and any products, services or information taken from those third-party websites is done so at Your own risk. We make no warranties or representations that Your use of any materials on this website or third-party websites will not infringe any third-party rights.

9. Disputes

We prefer to resolve any disputes via mediation – please contact Us via email at georgie@gumnutnannies.com.au with full details any issue or dispute that arises in the provision of the Services and/or these Terms and Conditions.

10. General

10.1 These Terms of Conditions are governed by the laws in force in New South Wales, Australia and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia and any courts which may hear appeals from those courts.

10.2 These Terms and Conditions and any document expressly referred to in them constitutes the whole agreement between You and Us and supersedes any previous discussions, correspondence, negotiations, understandings or agreements relating to the products or services contained on the website.

10.3 If a provision of these Terms and Conditions are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

10.4 A failure or delay by Us or You enforcing any provision in these Terms and Conditions is not to be interpreted as a waiver of Our rights or remedies.

10.5 We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification to the website. Your use of the website following such notification will represent an agreement by You to be bound by the terms and conditions as amended.

candidate t&c