Terms of Use

Last Updated: October 20, 2016

YOU AGREE TO THESE TERMS OF USE WHEN YOU BROWSE OUR SITE AND USE OUR SERVICES. YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION IN CERTAIN CIRCUMSTANCES. READ THIS DOCUMENT CAREFULLY.

These Terms of Use (the “Terms”) set forth the terms and conditions under which individuals residing in Australia may use the Care.com Site and/or the Care.com Services (described below). If you reside in the United States, please visit our US site located at www.care.com.

  • Please read these Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).
  • These Terms incorporate by reference the Care.com Data Privacy and Use Policy (“Data Policy”) and all other policies, rules and terms and conditions as set forth in Service materials, either in print or on our Site (collectively, the “Policies”). If you object to anything in these Terms, the Data Policy or the other Policies do not use the Site or the Services.
  • These Terms, including the Data Policy and the other Policies, are subject to change by Care.com at any time. We will notify you about significant changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Significant changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated terms on our Site. You should periodically check Care.com for updates. Your continued use of the Site or the Services after the effective date of any change will constitute acceptance by you of such changes.

For purposes of these Terms, the “Site” shall mean the Care.com web site and any Australian affiliated websites, web pages, mobile applications and mobile websites operated by Care.com Australia PTY Limited, a corporation incorporated in Australia (“Care.com”). The “Services” shall mean any of the various services that Care.com provides through the Site or any other channels, including over the telephone.

  1. DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES
  2. ELIGIBILITY TO USE THE SITE AND SERVICES; REPRESENTATIONS AND WARRANTIES
  3. RULES FOR USER CONDUCT AND USE OF SERVICES
  4. VERIFICATION CHECKS
  5. TERMINATION OF REGISTRATION
  6. PRIVACY
  7. LINKS TO EXTERNAL SITES
  8. PAYMENT AND REFUND POLICY
  9. RELEASE OF LIABILITY FOR USER CONDUCT AND DISPUTES
  10. AGE RESTRICTIONS
  11. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION
  12. JURISDICTION AND CHOICE OF LAW
  13. MISCELLANEOUS
  14. CONTACT INFORMATION

1. DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES

1.1. About Our Services Care.com’s mission is to provide an online venue for families and carers to connect with each other, arrange care, and share advice. We work to fulfill this mission by making available online communication tools, information, and an extended network of care seekers and carers that help our users find and coordinate quality care for children, seniors, pets and home. The Services we offer include, among others:

  • We enable individuals seeking care services such as child care, care for older people, pet care and housekeeping services (“Care Seekers”) to post jobs on the Site and individuals and entities who provide care services (“Carers”) to post profiles on the Site.
  • We provide search tools to help Care Seekers find individual Carers that meet their specific needs and preferences and enable Care Seekers and individual Carers to communicate through a private messaging platform without sharing contact information.
  • We provide tools and information to help Care Seekers and Carers make informed decisions, such as our safety centre, which includes a safety guide and safety resources.

Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.

1.2. Limitations of Our Services
Care.com does not introduce or supply Carers to Care Seekers, nor do we select or propose specific Carers to Care Seekers or Care Seekers to Carers. Instead, we offer an online forum that among other things enables Carers to post profiles and interact with Care Seekers for potential work opportunities. Through our Site, Care Seekers may post information describing the services for which they are seeking care, the terms of such services and related information, and Carers may post profiles describing the services they provide as well as their experience, training, qualifications and related information.

We do not employ any Carers nor are we an employment agency or a recruitment agency for any Carer or Care Seeker. We do not provide referral services.

Except as described in these Terms and the Data Policy, we do not verify, review, evaluate, interview, screen, vet or perform background checks on Carers or Care Seekers nor do we verify any content posted to the Site by a Carer, Care Seeker or others.

We are not a party to any agreement between a Carer and a Care Seeker. Care Seekers are the potential employers of Carers and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable employment standards legislation (including minimum wage laws), occupational health and safety legislation, and worker’s compensation insurance or benefit programs).

There are risks, including but not limited to risk of physical harm, when you deal with someone you connect with through our Site. You assume all risks associated with dealing with other persons with whom you come in contact through the Site.

We provide no assurance or representation (express or implied) regarding the quality, timing, or legality of the services actually delivered by Carers or the integrity, responsibility or actions of Care Seekers or Carers. We do not refer or recommend either Care Seekers or Carers nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Carers or the integrity, responsibility or actions of Care Seekers or Carers whether in public, private or offline interactions.

Care Seeker and Carer content is primarily user generated, and we do not control or vet user generated content for accuracy as a general matter. Care.com does not assume any responsibility for the accuracy or reliability of any information provided by Carers or Care Seekers on or off this Site.

Care.com is not responsible for the conduct, whether online or offline, of any user of the Site or the Services. Moreover, Care.com does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Care Seekers and Carers, do hereby expressly agree not to hold Care.com (or Care.com’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, resellers, or employees, hereinafter “Affiliates”) liable for the actions or inactions of any Care Seeker or Carer or for any information, instruction, advice with originated or services that were arranged through the Site, and, to the maximum extent permissible under applicable law, Care.com and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

1.3. User Responsibilities

You are solely responsible for interviewing, performing reference checks on, verifying information provided by, and selecting an appropriate Care Seeker or Carer.

Care Seekers should ensure that their insurance covers Carers’ working in their home and should verify whether Carers have their own independent insurance cover.

Please visit our Safety Center for recommendations on how to make more informed hiring and employment decisions. Each Care Seeker is also responsible for complying with all applicable employment, non-discrimination and other laws in connection with any employment relationship they establish, including verifying the age of the Carer they select is 18 years of age or older as well as the Carer’s eligibility to work in Australia.

2. ELIGIBILITY TO USE THE SITE AND SERVICES; REPRESENTATIONS AND WARRANTIES
To be eligible to use our Services, you must meet the following criteria:

  • You must be eighteen (18) years of age or older and have the capacity to form legally binding contracts under applicable law. If you are not eighteen (18) years of age or older do not register to use the Site or Services.
  • You must reside in a postal code region in which Care.com currently offers the Services.
  • If you are a Care Seeker, you must be a citizen or legal resident of Australia or hold a valid Australian visa.
  • If you are a Carer, you must be a citizen or legal resident of Australia or hold a valid Australian visa entitling you to work in Australia, and you must have the experience, training, qualifications, and authorisations required by law or otherwise for the positions for which you apply. If you are a carer and not legally entitled to work in Australia do not register to use the site or services.
  • If you are a Carer registered on the Site seeking to work as an au pair in a country outside of Australia with a family registered as a Care Seeker on a website operated by a Care.com affiliate outside of Australia, you must also satisfy all legal requirements, including, without limitation, visa requirements, in order to work as an au pair in such other country.
  • You must not be, or work for, a competitor of Care.com or using our Services for reasons that are in competition with Care.com.

By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.

Because of the type of care services, the setting of the Care Services and the nature of the relationship between Carer and Care Seeker, you represent and warrant that you (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any criminal offense involving violence, abuse, neglect, theft or fraud, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.

3. RULES FOR USER CONDUCT AND USE OF SERVICES

3.1. Registration, Posting, and Content Restrictions
The following rules pertain to User Content, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through Care.com’s Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles (collectively, “Content”) that you publish or display (hereinafter, “post”). By transmitting and submitting any User Content while using our Service, you agree, represent and warrant as follows:

  • You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
  • You will register your account in your own legal name, even if you are seeking care for another individual or family member.
  • You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, 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), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any User Content emanates from Care.com where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Care.com or to any other user of the Site, and all opinions stated as part of User Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others.
  • You understand and agree that Care.com may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of Care.com violates these Terms or which Care.com determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, threaten the safety of users of the Site, or otherwise violate these Terms or community standards.
  • You have the right, and hereby grant to Care.com, 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 User Content by Care.com will not infringe or violate the rights of any third party.
  • Your use of the Service, including but not limited to the User Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
  • Care.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.

You agree that Care.com is not required to moderate, verify or remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account.

Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Care.com, are those of their respective authors. Such authors are solely responsible for such content. Care.com 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 Care.com 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 of the Site or Service; or b) reviews or comments made about you on the Site by other users.

CARE.COM DOES NOT ENDORSE ANY STATEMENT, REVIEW OR REPRESENTATION MADE BY A USER OF THIS SITE OR ANY OTHER VENUE. YOU MAY NOT ATTRIBUTE ANY STATEMENT, REVIEW OR REPRESENTATION TO CARE.COM OR ANY DIRECTOR, OFFICER, EMPLOYEE, SERVICE PROVIDER OR AGENT OF CARE.COM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARE.COM DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE OR ANY OTHER VENUE. YOU HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD CARE.COM HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY YOU ON THIS SITE OR IN ANY OTHER VENUE.

3.2. Exclusive Use
Your account is for your sole, personal use. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

3.3. Prohibited Uses
By using the Site or Services of Care.com, you agree that you will not under any circumstances:
  • use the Site, Services, or other venue, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
  • use the Services for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s Care.com account without permission;
  • provide false or inaccurate information when registering an account on Care.com, using our Services or communicating with other Registered Users;
  • post any job where there is a risk to the health and safety of any Carer at the location where the work is to be performed.
  • attempt to re-register with Care.com if we have terminated your account for any or no reason;
  • interfere or attempt to interfere with the proper functioning of Care.com’s Services;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
  • use the communication systems provided by or contacts made on Care.com for any commercial solicitation purposes; or
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

In order to protect our users from prohibited 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.

Should Care.com find that you violated the terms of this Section or any terms stated herein, Care.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services.

Further, in order to protect the integrity of the Site and the Services, Care.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

4. VERIFICATION CHECKS

4.1 Consent to run verification checks
YOU AGREE TO ALLOW CARE.COM TO PERFORM VERIFICATION CHECKS.

By seeking to use or using the Site or Services, you hereby authorize Care.com, and acknowledge that Care.com reserves the right, but not the obligation, to use a third party to use your personal information to scan on an ongoing basis a variety of sources, which may include, but are not limited to, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data to assist us in verifying the information you provide us and the representations and warranties you make in the Terms of Use and on the Site and in evaluating your suitability for Care.com membership (“Verification Checks”).

IF YOU DO NOT WANT VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE CARE.COM.

4.2. Release of Liability for Results of Verification Checks
Although Care.com may perform Verification Checks, it has no obligation to do so. To the extent Care.com performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive of accuracy of any of the information those users have provided or of their eligibility to use the Services.

The results of any Verification Checks on you may impact your ability to access and use Care.com’s Services. You are not eligible to register with Care.com if any of your Verification Check results indicate that you have falsified your legal name, address or date of birth, or indicate any background information that in our sole discretion disqualifies you from using our Site or Services. You understand that Care.com may review the information provided by any third parties that provide Verification Checks, and that Care.com retains the right, in its sole discretion, to terminate your Care.com registration if any of the information it receives indicates you are not suitable for our services.

Furthermore, verification checks are performed by separate third party verification services. Care.com does not have control over or assume, and expressly disclaims, any responsibility for the quality, accuracy, or reliability of, and any liability that may result from the use of, or reliance on, the information such third party services provide.

5. TERMINATION OF REGISTRATION
You may cancel your registration and account at any time by e-mailing Care.com at MemberCareAU@care.com, provided, however, that you shall not be granted a refund for any purchases made by you, if any, prior to such cancellation.

Should Care.com determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Policies, are not suitable for participation as a Registered User, or have misused or misappropriated Site content, including but not limited to, use on a “mirrored”, competitive, or third party site, Care.com reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Care.com Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your registration in Care.com, with or without notice.

Care.com also reserves the right, in its sole discretion, to terminate your access to all or part of the Care.com Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your registration in Care.com, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.

Following any termination of any individual’s use of the Site or the Services, Care.com reserves the right, subject to applicable privacy laws, to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.

6. PRIVACY
Care.com will only use the information you provide on the Site or via other channels in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

7. LINKS TO EXTERNAL SITES
Links from the Site to external sites (including external sites that are framed by Care.com) or inclusion of advertisements do not constitute an endorsement by Care.com 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. Care.com does not control such sites, and is not responsible for their content. Just because Care.com has hyperlinks to such sites does not mean that Care.com endorses any of the material on such sites, or has any association with their operators.

Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Care.com’s Terms of Use and Data Policy. Care.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Care.com harmless from any liability that may result from the use of links that may appear on the Site.

8. PAYMENT AND REFUND POLICY
In order to utilize some of Care.com’s Services, Care Seekers and Carers must pay for a Premium Member subscription or otherwise pay for the specific Service.

8.1 Billing and Payment for Care Seekers
Care Seekers that sign up for a Premium Member subscription agree to pay Care.com all subscription charges associated with the plan they subscribe to as described on the Site at the time they subscribe and provide their payment information. Premium Members authorize Care.com to charge their chosen payment provider according to the terms of the plan to which they subscribe. The subscription period and the amount and frequency of the charges will vary depending on the plan the Premium Member selects.

To the extent you elect to purchase other Services we may offer for a fee, you authorize Care.com to charge your chosen payment provider for the Services you purchase. You agree that if Care.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional services you purchase.

8.2 Automatic Subscription, Renewal and Cancellation of Premium Memberships for Care Seekers
Unless you explicitly decline automatic subscription renewals, your Premium Membership subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period as the subscription term you originally selected and at the subscription rate and frequency disclosed to you on the Site when you originally subscribed.

You may cancel your subscription by emailing MemberCareAU@care.com or adjusting 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, but your credit card will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up as a Premium Member.

8.3 Billing and Payment for Carers
Certain Services and offerings made available to Carers may require the payment of a fee by such Carers as described herein or otherwise on the Site. To the extent you elect to purchase other chargeable Services and offerings, you authorize Care.com to charge your chosen payment provider for the Services you purchase.

In addition, Care.com may give Carers the ability to purchase credits that can be used by such Carers to exchange information with certain Care Seekers. To the extent applicable, the number of credits necessary to contact a Care Seeker and the expiration date of such credits is disclosed on the Site. Such credits do not have any monetary value and do not constitute a pre funding of stored value that can be used in the future. More information about credits can be found here

8.4 Refund Policy
To the extent permitted by law, Care.com does not provide refunds for purchase cancellations. However, Care.com may in its sole discretion issue refunds or credits when it believes they are warranted.

8.5 Free Trial Offers
Care.com may offer limited-time free trial Premium Membership subscriptions to Care Seekers from time-to-time. Care Seekers who sign up for Care.com Premium Membership on a free trial basis may have limited access to the features of the Site. If a Care Seeker does not cancel their subscription prior to 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, unless otherwise provided to him or her when he or she originally subscribed. To avoid being charged for Premium Membership services, a Care Seeker with a free trial subscription must cancel their subscription prior to the end of the free trial period.

9. RELEASE OF LIABILITY FOR USER CONDUCT AND DISPUTES
We are not an employer of Carers nor are we an employment agency or a recruitment agency for any Carer or Care Seeker. Care Seekers may seek the services of a Carer through the use of the Site or Services, and Carers may post profiles and submit proposals to Care Seekers regarding their services. However, any agreement between a Care Seeker and a Carer regarding the provision of services is solely between the Care Seeker and the Carer; Care.com is not a party to any such agreement. Any issues concerning the conduct of a Care Seeker or Carer including, without limitation, the services received by the Care Seeker or payment due to the Carer, must be resolved directly by the Care Seeker and the Carer. Care.com 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 such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to indemnify and hold Care.com harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. You agree to take reasonable precautions in all interactions with other users of the Site or the Services, particularly if you decide to meet offline or in person. In addition, you agree to visit our Safety Centre prior to using the Service. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to Care.com immediately by notifying Care.com of the same via electronic correspondence.

10. AGE RESTRICTIONS
Care.com is intended for people 18 or over. Care Seekers and Carers should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18. Care.com will not knowingly collect any information from individuals under 18. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you are under the age of 18, your registration will be terminated immediately.

11. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION

11.1 No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Care.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARE.COM DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CARE.COM; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS; (5) WARRANT THE SUITABILITY OF ANY REGISTERED USER OF OUR SITE TO PROVIDE SERVICES AS A CAREGIVER OR TO EMPLOY THE SERVICES OF A CAREGIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARE.COM EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES, AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

11.2. Assumption of Risk
YOU ARE AWARE THAT THERE ARE MANY RISKS AND DANGERS IN MAKING EMPLOYMENT AND HIRING DECISIONS FOR CARE SERVICES. THESE RISKS AND DANGERS INCLUDE PHYSICAL AND MENTAL ABUSE, BODILY HARM, MENTAL DISTRESS AND THEFT, NEGLIGENCE OF OTHER USERS, AND THE FAILURE OF OTHERS TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT YOU FROM THE RISKS AND DANGERS.

YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS AND DANGERS WHEN USING THE SITE AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH REGISTERED USERS OF THE SITE OR THE SERVICES. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER SITE VISITORS OR REGISTERED USERS.

11.3. Limitation of Liability
NOTHING IN THESE TERMS PURPORTS TO MODIFY OR EXCLUDE ANY CONDITION, WARRANTY OR GUARANTEE THAT CANNOT BE EXCLUDED UNDER AUSTRALIAN LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW. TO THE EXTENT THAT ANY CONDITION, WARRANTY OR GUARANTEE CANNOT BE EXCLUDED UNDER AUSTRALIAN LAW, CARE.COM’S LIABILITY FOR BREACH OF SUCH CONDITION, WARRANTY OR GUARANTEE IS LIMITED (AT CARE.COM’S ELECTION) TO RE-SUPPLY OF THE RELEVANT SERVICES OR PAYMENT OF THE COST OF RE-SUPPLY OF THE RELEVANT SERVICES. Indirect Losses and Aggregate Liability. To the extent permitted by law, in no event will Care.com be liable, whether in contract, tort (including negligence), statute, equity or otherwise, for any ”Indirect Losses” being loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of use and any damages, losses or expenses that may not fairly and reasonably be considered to arise directly and naturally, that is according to the usual course of things, from the breach or other wrongful act or omission relating to the Site, Services or these Terms giving rise to the relevant liability. Without limiting the foregoing, Care.com has no liability for Indirect Losses arising out of or relating to the use of, or inability to use, the Site or Services, including without limitation damages related to any information received from the Site or Services, 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 or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Care.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL CARE.COM’S AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, EQUITY OR OTHERWISE, IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR USE OF THE SERVICES, OR, IF YOU HAVE NOT PAID CARE.COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.

No Liability for non-Care.com Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CARE.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR, INDIRECT LOSSES ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, 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 these Terms, 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. Care.com 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.

11.4. Indemnification
By agreeing to the terms of this Terms of Use, users of the Site and Services agree to indemnify, defend and hold harmless Care.com and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers and employees from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by Care.com 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) your use of the Site or Services or conduct, including use or conduct in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defence of such claims. Care.com 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 Care.com.

12. JURISDICTION AND CHOICE OF LAW
Any dispute arising out of the Site and/or the Services or otherwise relating to these Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia without regard to its conflict of law provisions. You expressly agree and consent to the exclusive jurisdiction and venue of the courts of New South Wales, Australia for the resolution of any such dispute.

13. MISCELLANEOUS
Nothing in these Terms 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 authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. These Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

14. CONTACT INFORMATION
If you have any questions or need further information as to the Site or Services provided by Care.com, or need to notify Care.com as to any matters relating to the Site or Services please contact Care.com at:

CARE.COM AUSTRALIA PTY LIMITED.
c/o Care.com, Inc. 77 Fourth Avenue, 5th Floor, Waltham, MA 02451
Email: MemberCareAU@care.com