Terms and Conditions
Last Updated: 15 November, 2011
This Agreement contains all of the terms and conditions between JUST Family, Inc. ("JUST Family") and you the Care Seekers or Care Providers and/or any other user of this website, a Member of JUST Family and any user of the services of JUST Family (the “User”)
These terms govern the use of the service offered by JUST Family and offered by JUST Family through the JUST Family Website and through any JUST Family mobile application (collectively, the "Site").
Please read this Agreement before using the Site. Use of the Site constitutes an agreement with this Agreement, whether or not you register as a member of JUST Family ("Member").
By using and accessing this Site or by becoming a Member of JUST Family or by using the services of JUST Family (hereinafter referred to as the “Services”), you do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein.
2. Just family is a venue
The Site is a communications platform for enabling the connection between individuals seeking home or care services ("Care Seekers") and/or individuals or companies providing home or care services ("Care Providers"). JUST Family does not take part in the interaction between Care Seekers and Care Providers except to collect payments on the behalf of Care Seekers and Care Providers. Users do hereby represent, understand and expressly agree that JUST Family does not have control over the quality, timing, legality or any other aspect whatsoever of the services delivered by the Care Providers, nor of the integrity, responsibility or any of the actions whatsoever of the Care Seekers.
JUST Family makes no representations about the suitability, reliability, timeliness, qualifications or quality or accuracy of the services provided by Care Providers or Care Seekers through the Site whether in public, private or offline interactions.
JUST Family does not assume any responsibility for the accuracy or reliability of any information provided by Care Providers or Care Seekers on this Site.
JUST Family does not assume and expressly disclaims any liability that may result from the use of the Site.
JUST Family is not responsible for the conduct, whether online or offline, of any User or Member of the Service.
All Users do hereby expressly agree not to hold JUST Family (or JUST Family's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, or your employer, if you become a Member through your employer, (hereinafter referred to as "Affiliates") liable for any instruction, advice or services delivered which originated through the Site and JUST Family and all Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
All Users do hereby expressly agree not to hold JUST Family (or JUST Family's officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, or your employer, if you become a Member through your employer, (hereinafter referred to as "Affiliates") liable for any misstatements or misrepresentations or statements made by any Users.
Our services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18) or to anyone who may not legally work within the jurisdiction of Australia.
This Site is currently available only to Australian citizens and/or any individuals who are legally in the jurisdiction of Australia and may legally work within its jurisdiction.
By requesting to use, registering to use and/or using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you commit to abide by all of the terms and conditions hereof. You represent and warrant that you and each member of your household (a) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and are not currently required to register as a sex offender with any government entity.
You hereby authorise JUST Family to verify your representations and warranties herein, and you acknowledge that JUST Family reserves the right, but not the obligation, to verify such representations and warranties, which may include, without limitation, conducting criminal background checks and using other available public records, and to take action it deems appropriate in its sole discretion, including but not limited to terminating your membership, should it determine, in its sole opinion, that you have violated any representation or warranty or any other provision of this Agreement.
Care Seekers may seek the services of a Care Provider through the use of the Site and Care Providers may submit proposals to Care Seekers regarding their services. In the event that a Care Seeker and a Care Provider agree on the provision of services such agreement is solely between the Care Seeker and the Care Provider.
JUST Family is not a party to any such agreement. Any issues concerning the services received by the Care Seeker or payment due to the Care Provider must be resolved directly by the Care Seeker and the Care Provider. JUST Family will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the agreement between Care Seekers and Care Providers.
By using this Site, you do hereby represent, understand, and expressly agree to hold JUST Family harmless for any claim or controversy that may arise from any disputes between you and any other User.
You agree to take reasonable precautions in all interactions with other Users.
You agree to review the JUST Family Safety Tips prior to using the Service.
By using this Site, you do hereby agree to report any alleged improprieties of any Users therein to JUST Family immediately.
5. Exclusive Use
Your account is for your sole, personal use, you may not authorise others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
6. Information provided to users
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site.
JUST Family is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
You are solely responsible for any content, messages, photos, videos, reviews or profiles or other information (collectively, "Content") that you publish or display (hereinafter, "post") on the Site, or transmit to other Users.
You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will not provide inaccurate, misleading or false information to JUST Family or to any other user of the Site.
You understand and agree that JUST Family may review and delete any Content, in each case in whole or in part, that in the sole judgment of JUST Family violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site.
By posting Content to any public or member area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to JUST Family, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by JUST Family will not infringe or violate the rights of any third party.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by JUST Family, are those of their respective authors. Such authors are solely responsible for such content. JUST Family does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service.
Under no circumstances will JUST Family or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any User or b) reviews or comments made about you on the Site by other users.
8. Links to external sites
Links from the Site to external sites (including external sites that are framed by JUST Family) or inclusion of advertisements do not constitute an endorsement by JUST Family of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience. Users access them at their own risk.
It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. JUST Family does not control such sites, and is not responsible for their content. If JUST Family has hyperlinks to sites this does not mean that JUST Family endorses any of the material on such sites, or has any association with their operators.
Care Seekers and Care Providers should monitor children's use of the Internet. JUST Family is intended for people 18 or over. JUST Family will not knowingly collect any information from children under 18 years of age. You must identify your age during the registration process. JUST Family does not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provided any false information to us when using this Site, your membership will be terminated immediately.
10. Prohibited use
The Site and related services may not be used by any person or organisation to recruit, solicit, or contact in any form Users for employment or contracting with other Users for services within the scope of the Services of JUST Family.
Any breach of this provision gives to JUST Family the right, at its sole discretion, to immediately terminate your use of the Site.
Taking copying or using any information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a "mirrored", competitive, or third party site is a breach of this Agreement.
It is a violation of this Agreement to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our Users from such activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.
In order to protect the integrity of the Site and the Service, JUST Family reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
JUST Family reserves the right, in its sole discretion, to terminate your access to all or part of the JUST Family Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your membership in JUST Family, for any reason or no reason, with or without notice. Following any termination of any member's use of the Site, JUST Family reserves the right to send a notice thereof to other members which whom you have corresponded.
11. Payment and refund policy for individual care seekers
Individual Care Seekers are obligated to pay for the service of the Site, unless specifically notified otherwise. Care Seekers who register agree to pay JUST Family all charges at the prices then in effect for any use of the Site and which are set out therein. In addition, Care Seekers authorise JUST Family to charge their chosen payment provider for use of the Site. JUST Family reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
JUST Family may offer limited-time free trial subscriptions to Care Seekers from time-to-time. Care Seekers who sign up for JUST Family on a free trial basis may have limited access to the features of the Site. If a Care Seeker continues their subscription after the end of the free trial period, the Care Seeker will be charged the price then in effect for a monthly subscription to the Service. To avoid being charged for the service of the Site, a Care Seeker with a free trial subscription must cancel their subscription prior to the end of the free trial period.
The subscriptions of Care Seekers will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate, unless specifically notified otherwise. To cancel your subscription, contact JUST Family Member Care or edit your account settings. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.
No refunds or credits will be provided for account cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organisations that are made while enrolling or using the Site. At JUST Family's sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by JUST Family.
13. Payment and refund policy for individual care providers
The basic services of JUST Family are free for individual Care Providers (though some premium services are offered for a fee).
14. Third party verification service
JUST Family may make a third-party verification service available to Care Seekers and Care Providers. Care Seekers and Care Providers may use this service to verify information such as, but not limited to, name, address, social security number, and criminal background. Use of a third-party verification service is voluntary. If you decide to use or access information provided by a third-party verification service offered through the Site, you do hereby represent, understand and expressly agree that JUST Family is a conduit for the third-party verification service and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service.
JUST Family may review the information provided by the third-party verification service and that JUST Family retains the right to terminate your JUST Family membership based on the information.
15. No warranty
The information and materials contained in this website, including text, graphics, information, links or other items are provided "as is", "as available". JUST family does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. no warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
16. Disclaimer of warranty
- No Warranties. JUST Family does not warrant that your use of the Services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the services will be corrected.
- JUST family disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the services.
- Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the services, but not directly by JUST Family, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. JUST Family does not: (i) guarantee the accuracy, completeness or usefulness of any information provided on the site, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than JUST Family. Under no circumstances will JUST Family be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the services, or transmitted to or by any Users.
17. Assumption of risk
You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with Users. You agree to take all necessary precautions, including but not limited to following the recommendations set forth in JUST Family's Safety Tips, when interacting with others Users.
18. Limitation of liability
- Incidental Damages and Aggregate Liability. In no event will JUST Family be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site, including without limitation damages related to any information received from the Site, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if JUST Family, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
- Under no circumstances will JUST Family's aggregate liability, in any form of action whatsoever in connection with this agreement or the use of the services or the site, exceed the price paid by you for your account, or, if you have not paid just family for the use of any services, the amount of A$25.00 or its equivalent.
- No Liability for non-JUST Family Actions. To the maximum extent permitted by applicable law, in no event will JUST Family be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from interactions with other members of the site, whether online or offline. this includes any claims, losses or damages arising from the conduct of Users who have registered under false pretences or who attempt to defraud or harm you.
- In addition to the preceding paragraphs of this section and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. JUST Family makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
By agreeing to the terms of this Agreement, Users of the Site agree to indemnify, defend and hold harmless JUST Family and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including lawyers' fees and costs incurred by JUST Family and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site by you in violation of this Agreement or in violation of any applicable law.
Users further agree that they will cooperate as reasonably required in the defence of such claims.
JUST Family and its Affiliates reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of JUST Family. Users further agree to hold harmless JUST Family and its Affiliates from any claim arising from a third party's use of information or materials of any kind that Users post to the Site.
20. Notice and take down procedures; copyright agent
If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting JUST Family's copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorised version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorised by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorised to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorised representative.
JUST Family's agent for copyright issues relating to this Site is as follows:
JUST Family Pty Ltd
19/828 High St
Kew East , Victoria
Fax: 9857 0699
In an effort to protect the rights of copyright owners, JUST Family maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.
21. Notice of trademark rights
22. Jurisdiction and choice of law
If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Victoria, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Victoria, Australia, for the resolution of any such dispute.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
All content in this website is subject to copyright protection under the Copyright Act 1986 (Cth) and under international copyright treaties and is the property of JUSTFamily.com.au.
25. Nature of relationship
JUST FAMILY is not an employment agency and does not have the resources to check the correctness of the qualifications and experience professed to be possessed by registered caregivers who have offered their services and consequently, JUST FAMILY accepts no responsibility for any loss, expense or damage to property or persons arising directly or indirectly from any registered caregiver sourced by You using this service. We are not responsible for the conduct of any member of the site, either online or offline. JUST FAMILY does not expressly or by implication warrant the suitability of any registered caregiver sourced by you through this service for your purposes nor does JUST FAMILY make any representations regarding any registered caregiver other than as expressly stipulated in these terms and conditions accordingly you should before engaging any registered caregiver make and rely upon your own investigations and enquiries of and be satisfied of such persons' suitability for your purposes. Registered users and registered caregivers are responsible for contacting each other. Subject to you reaching and entering agreement You will become the employer of the caregiver You choose. All caregiver information is confidential and You agree not to disclose to any third party caregiver information sourced by You through this service.
JUST FAMILY does not warrant that the site is free from viruses, worms, trojan horses or other harmful components. JUST FAMILY takes reasonable measures to ensure that the information provided by users is disclosed only to those persons specified by users. JUST FAMILY cannot and does not, however, guarantee that the personal information entered by users will not be misappropriated, intercepted, deleted, destroyed or used by others. Users agree not to hold JUST FAMILY liable for any loss or damage of any sort incurred as a result of any such misappropriation, interception, deletion, destruction or use of information provided by users through the site. JUST FAMILY shall not be liable for any claim, injury or damage arising from the use or inability to use the site.
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 any reason beyond our control.
It is every registered caregiver's responsibility to have references, an individual state Working with Children Check and all work visa documents ( if applicable ) available for registered users to inspect. Persons under the age of 18 are forbidden to register as caregivers. All registered users and registered caregivers must update any information given to JUST FAMILY as and when their respective circumstances change. You must be currently living in Australia and have an Australian address as well as a current Australian working visa to register as a caregiver on our site.
28. Refusal of application
JUST FAMILY has an absolute and unfettered discretion whether to accept or refuse any application for registration of a person as a User.
29. South Australia and Tasmania
Due to legislative requirements in South Australia and Tasmania, you are not permitted to register as a caregiver or parent or User if you are offering or seeking childcare services in those States.
30. Personal contact details
Members are not permitted to publish personal contact details including email address and phone numbers on their public profile or job posting. By becoming a Member you acknowledge that we may be compelled to disclose your personal details to any Government authority including the Australian Tax Office.
JUST FAMILY may deregister any User and/or registered care giver in its absolute and unfettered discretion for any or no reason and will deregister a registered User or registered care giver in circumstances where a registered User or registered caregiver has provided offensive, obscene, illegal information or who has intentionally provided false or misleading information or who has otherwise contravened these Terms and Conditions.
32. Representations and warranties
To the maximum extent permitted by law, JUST Family excludes 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 aggregate 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 or, if you have not paid JUST FAMILY for the use of any services, the amount of AU$39.00.
Payment Terms and Conditions
- In no event will you be entitled to any refund of payments for chargeable services or features. In particular, Users are not entitled to any refund if they fail to find a care giver via the site. We do not make any representation or guarantee that a User will find a care giver via the Site, nor do we make any representation or guarantee that care givers will be available for employment in any area. Users are not 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.
- If a User chooses the monthly subscription option their account will be automatically renewed at AU$39.00 a month until they cancel their subscription. You may cancel the subscription at anytime by logging into your account and clicking on " Cancel my subscription " or by contacting us at JUSTFamily.com.au. No refund or credits will be provided for account cancellation requests received after the account has been billed.
- JUST FAMILY may offer limited-time free trial subscriptions to parents from time-to-time. Parents who sign up on a free trial subscription may have limited access to the features of the site. They can upgrade their subscription at anytime to access the full features of the site.