There are key capitalised terms used in these Terms and Conditions which are defined as follows:
Other defined terms used in these Terms and Conditions have the meaning given to them in the Definitions set out at the end of these Terms and Conditions. The Juggle Street Platform is owned and operated by Juggle Street.
By accessing or using the Juggle Street Platform, you agree to be bound by these Terms and Conditions. If you object to anything in, or otherwise do not agree to, these Terms and Conditions you are not authorised to use the Juggle Street Platform. You must not use or access the Juggle Street Platform in any way other than in accordance with these Terms and Conditions.
The Juggle Street Platform is for the personal use of individuals only and must not be used for any commercial endeavours. Businesses (including child care centre operators and babysitting or nanny agencies), bodies corporate or other similar entities are not permitted to register to use the Juggle Street Platform.
Juggle Street Platform connects individuals looking to outsource Services and individuals looking to provide Services, within a local community.
The Juggle Street Platform provides a venue for Jugglers to post jobs for Services for viewing, and where applicable, acceptance by Carers in their local community.
Jugglers may post intermittent / ad hoc jobs for Services, or jobs for Services that are to be provided on a more recurring or regular basis.
The Juggle Street Platform merely facilitates the making of a private arrangement between Jugglers and Carers.
Juggle Street does not itself provide, or arrange, offer or procure the provision of, Services and Juggle Street is not an employment agency. By accessing or using the Juggle Street Platform, you acknowledge that Carers are not employees, contractors, partners or agents of Juggle Street.
Juggle Street does not get involved in any contractual or other relationship arising between Jugglers and Carers. Jugglers and Carers are wholly responsible for complying with any contractual or other relationship that may arise between them. Jugglers and Carers are also wholly responsible for complying with all applicable laws in relation to work health and safety, working with children, and the employment of Carers who are minors, including all laws on the minimum wage payable to Carers.
For the avoidance of doubt:
Juggle Street encourages Jugglers to perform their own independent investigations about prospective or existing Carers. While Juggle Street requires Profiles for Jugglers and Carers and verification of Jugglers' Profiles, and encourages reviews and ratings of Jugglers and Carers, Juggle Street does not itself verify or conduct, or assume any responsibility to conduct, any checks in relation to:
Juggle Street does not recommend or endorse any Juggler or Carer.
Juggle Street has no control over, and accepts no responsibility or liability for, the acts or omissions of any Juggler or Carer, including the Services provided by Carers.
Juggle street encourages Jugglers to consider the following when deciding about Carers:
In order to access and use the Juggle Street Platform, Jugglers and Carers are required to complete the registration process through the Juggle Street Platform. If you are not eligible to register as a Juggler or Carer you are not authorised to use the Juggle Street Platform.
You are not eligible to register as a Juggler or Carer, or to use the Juggle Street Platform, if you, or anyone in the location where Services are to be provided, has been the subject of a complaint, restraining order, charge or any other legal action involving violence, abuse, neglect or any other offence that involves endangering the safety of others or if you have been convicted of specified offence and are not to be employed or engaged in accordance with section 28 of the Vulnerable Children Act 2014 in New Zealand.
By accessing or using the Juggle Street Platform, you represent and warrant that:
You agree to update your Profile to ensure that it is up-to-date immediately upon any changes to the information contained in your Profile.
You agree to notify us immediately if you cease to be eligible to use the Juggle Street Platform.
You must not have more than one active account or Profile and neither your account nor your Profile is transferable.
To be eligible to register as a Carer you must be aged 14 years and over be capable of providing reasonable supervision and care in accordance with section 10B of the Summary Offences Act 1981 and legally able to work in New Zealand.
To be eligible to register as a Carer you must also verify your Profile with us. You can do this by one or more of the following:
There is no fee payable by Carers to Juggle Street to register as a Carer or use the Juggle Street Platform. However, Carers must pay any applicable fees for obtaining a Working With Children Check, Police Check or Police Vetting in New Zealand to the relevant agency.
Carers must provide us with their date of birth as part of the registration process.
If you are aged 14 to 17 your parent or guardian must read, understand and agree to, these Terms and Conditions and must explain these Terms and Conditions to you before your Profile may be posted on the Juggle Street Platform.
The parent or guardian of a Carer aged 14 to 17 will be provided with access to the Carer's Profile before agreeing to these Terms and Conditions and will be authorised to access the Carer's Profile for so long as it is posted on the Juggle Street Platform.
To be eligible to register as a Juggler, you must verify your Profile with us. You can do this by one or more of the following:
By registering as a Juggler you agree to pay to Juggle Street the relevant fee published from time to time on the Juggle Street Platform (Fee) as consideration for your use of the Juggle Street Platform. To see the Fees, click here.
The Fee is payable in advance for the payment option chosen by the Juggler.
The Fee is subject to any Special Offer from time to time in relation to which the Juggler may be eligible to participate.
A Juggler may opt out of paying the Fee by clicking the “Cancel” button in the Payments section of their account. If the Juggler opts out, then:
In addition to the Fee, a Juggler may need to pay fees to any Carers with whom they have made arrangements for the provision of the Services. These fees are a matter between the Juggler and relevant Carer, and Juggle Street is not involved in any such arrangements.
The Fee is payable only by Jugglers to Juggle Street. No Fee or other fees are payable by Carers to Juggle Street.
All payments made on the Juggle Street Platform will be made via a third party secure payment gateway. For a copy of the terms and conditions of use of the payment gateway, please click here.
The Juggle Street Platform uses a secure server so that credit card details provided are transmitted via Secure Socket Layer (SSL) technology; and industry-standard encryption technologies are used when transferring or receiving sensitive information. For a copy of Juggle Street's SSL Certificate, please click here.
Unless expressly stated otherwise, the Fee payable to Juggle Street includes GST.
Juggle Street may change the Fee published on the Juggle Street Platform at any time. The changed Fee will apply to Jugglers on and from their next payment of the Fee. We will notify Jugglers of any change to the Fee prior to the change becoming effective.
In no circumstance will Jugglers be entitled to a refund of a Fee paid by them to Juggle Street, including if a job posted by a Juggler and accepted by a Carer is not completed by the Carer to your satisfaction or at all. We recommend that Jugglers contact Juggle Street and advise us of any failure by a Carer to complete a job in the manner the Juggler has agreed with the Carer.
Jugglers must only pay the Fee to Juggle Street online using the payment methods available on the Juggle Street Platform. Jugglers must not pay, or attempt to pay, any Fee through any fraudulent or unlawful means.
Juggle Street grants you a non-exclusive licence to use the Juggle Street Platform solely for the purpose of registering to become a Carer or a Juggler and making private arrangements for the provision by (where you are a Carer) or to (where you are a Juggler) you of Services in accordance with the provisions of these Terms and Conditions.
You must ensure that the login and password used by you to access the Juggle Street Platform and the details of your account (and any other information you use to remember these details) are kept in a private and secure manner.
You must immediately notify Juggle Street if you are, or become, aware that there is, or has been, unauthorised use of your login, password or account or any other security breach relating to your account. You are responsible and liable for any person that uses your login and password or any other details of your account to access the Juggle Street Platform.
We accept no liability in respect of any content submitted by users and which appears on the Juggle Street Platform.
You must not, and warrant that you will not:
Jugglers and Carers are wholly responsible for their participation on the Juggle Street Platform. You agree that you access and use the Juggle Street Platform solely at your own risk. It is possible that Jugglers or Carers may use the Juggle Street Platform in a way that violates these Terms and Conditions. We encourage Jugglers and Carers to exercise caution and perform their own checks and interviews when interacting or dealing with other users of the Juggle Street Platform. It is the responsibility of Jugglers to verify any Working With Children Check and/or Police Check/ Police Vetting in New Zealand and any identification provided by a Carer.
If you experience problems with another user of the Juggle Street Platform we recommend that you contact Juggle Street. Juggle Street reserves the right, but has no obligation, to monitor disputes, dealings or interactions between users of the Juggle Street Platform. Juggle Street has no obligation to assist or involve itself in any way in any dispute, dealing or interaction between users of the Juggle Street Platform.
You acknowledge that the Juggle Street Platform is provided “as is”. Juggle Street does not make any representation or warranty as to the:
Juggle Street does not exclude, restrict or modify any liability that cannot be excluded, restricted or modified by law, including any liability under the CGA. To the maximum extent permitted by law, Juggle Street:
You agree to indemnify and hold harmless Juggle Street and its directors, officers, employees and agents, for any claims made against them and any loss, expense, damage or liability incurred by them in any way related to your use of, or inability to use, the Juggle Street Platform, or your acts or omissions (online or offline) in any way related to the Juggle Street Platform (including any breach by you of these Terms and Conditions).
Juggle Street reserves the right, but has no obligation, to monitor or review any usage of the Juggle Street Platform or any content on, or information posted to or transmitted to or via, the Juggle Street Platform.
Juggle Street may amend or remove your Profile from the Juggle Street Platform if we believe that your Profile breaches these Terms and Conditions or if we consider in our sole discretion that it is otherwise appropriate, necessary or desirable to do so.
Juggle Street may immediately suspend or terminate your account or otherwise limit your access to, and use of, the Juggle Street Platform if we believe that you have breached these Terms and Conditions or if we consider in our sole discretion that it is otherwise appropriate, necessary or desirable to do so.
You may stop using the Juggle Street Platform at any time and for any reason.
Juggle Street may stop making the Juggle Street Platform available (or any part, service or feature of it) at any time without prior notice.
You acknowledge that the copyright in the Juggle Street Platform, the software, design, text and graphics comprised in the Juggle Street Platform (copyright material) are owned by, or licensed to, Juggle Street. You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute or communicate in any way copyright material without our prior written consent.
You may download content from the Juggle Street Platform solely for your personal viewing but not for any other use, including any commercial use.
The Juggle Street Platform may contain third party advertisements and links to other websites that are not operated by Juggle Street. These advertisements and links are provided solely for your convenience. Juggle Street makes no representation or warranty, and has no responsibility or liability, in relation to these advertisements or websites.
You agree that you access and use these advertisements and other websites solely at your own risk.
From time to time, Juggle Street may change these Terms and Conditions by posting the amended Terms and Conditions on the Juggle Street Platform. By continuing to access and use the Juggle Street Platform after any amendment becomes effective, you agree to be bound by the Terms and Conditions as amended.
Any failure or delay in exercise, or partial exercise, of a right arising from a breach of these Terms and Conditions does not result in a waiver of that right.
If the whole or any part, or the application, of any provision of these Terms and Conditions is void, illegal or unenforceable in any jurisdiction it is severed for that jurisdiction. The remainder of these Terms and Conditions has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
This clause has no effect if the severance alters the basic nature of these Terms and Conditions or is contrary to public policy.
Your use of the Juggle Street Platform is governed by, interpreted and enforced in accordance with the laws of New Zealand. Disputes arising from your use of the Juggle Street Platform are exclusively subject to the jurisdiction of the courts of New Zealand.
For the purposes of these Terms and Conditions:
CGA means the Consumer Guarantees Act 1993 as amended from time to time;
copyright material has the meaning given in the “Intellectual Property Rights” section of these Terms and Conditions;
Fee has the meaning given in the “Jugglers” section of these Terms and Conditions;
GST has the meaning given to that term in the Goods and Services Tax Act 1985 in New Zealand
including means including without limitation;
Juggle Street, we, us or our means Juggle Street Pty Ltd ABN 80 600 449 938 of Level 2, 131 York Street, Sydney NSW 2000;
Police Check means a police check or other criminal history or background check (howsoever described), available in New Zealand by applying to the Ministry of Justice for a Request Your Own Criminal History
Police Vetting means the New Zealand Police Vetting Service for criminal history checks and other relevant information on potential and current employees, volunteers and vocational trainees to approved agencies that provide care to children and vulnerable members of society.
Profile means the profile of a Juggler or Carer created by that Juggler or Carer as part of the registration process of the Juggle Street Platform, as may be amended from time to time;
Special Offer means a special offer made from time to time by Juggle Street in relation to the Fee or amount of the Fee payable by Jugglers or eligible Jugglers for the use of the Juggle Street Platform, and any terms and conditions of that special offer;
you or your means anyone accessing or using the Juggle Street Platform, including a Juggler or a Carer;
Working With Children Check means a Working With Children Check (howsoever described) or registration with a government agency, as required under any relevant legislation