Terms and Conditions

for Families

 
 
 
 

As at 19 March 2018

Highlights

Below are some highlights from the legal Terms of Service but please make sure you read the full document.

HM stands for Hoek Mynder Pty Ltd ATF Mynder Unit Trust which is trading as Mynder. Mynders are the babysitters who attend your bookings.

HM Prices (Clause 6)

·       Booking fees are payable for each booking.

·       Subscriber prices are payable monthly in advance.

·       All prices are GST inclusive with the exception of amounts payable to Mynders.

Mynder Prices (Clause 8)

·       Mynder Prices are payable directly to your Mynder.

Light Housework (Clause 8)

·       You should agree with your Mynder what work is to be completed at the start of the booking.

·       At the end of the booking you and your Mynder should discuss work actually completed and you should pay your Mynder the applicable hourly rate for this.

·       Remember that taking care of your children is the number one priority and not all housework may be completed if your children require attention.

Employment Status (Clause 8)

·       Mynders are not employed by HM. You are responsible for giving Mynders direction regarding the duties required to be performed during the booking.

Bookings (Clause 9)

·       The minimum booking period is 3 hours and this is the minimum period payable even if you come home early.

·       All bookings with your Mynder should be made through the Mynder App, not directly with your Mynder, either by you or people you refer your Mynder to.

Cancellation Fees (Clause 6)

·       Booking fees are not refundable once a Mynder has been confirmed for your booking.

·       Cancellation fees will be charged if less than 48 hours notice is given and these will be paid to your Mynder to compensate for loss of income.

·       if a Booking is cancelled with less than 24 hours' notice, you will be charged for 3 hours (+GST) to compensate the Mynder' or

·       if a booking is cancelled with 24 to 48 hours's notice, you will be charged for 1.5 hours (+GST) of the booking to compensate the Mynder.

Safety & Medical Matters (Clause 9)

·       The safety of you, your children and our Mynders is of primary importance.

·       You agree to provide a safe environment, to treat our Mynders with respect, and on request, provide photo ID to Mynders.

·       If your child requires medical treatment by the Mynder, e.g. administering of medicine, this should be notified as a Special Requirement in the booking request, and all instructions written down on the Mynder Information Form and discussed with your Mynder at the start of the booking.  For your child's safety, medical treatment cannot be administered by your Mynder without written instructions (other than in an emergency situation).

Insurance (Clause 9)

·       Mynders are covered by HM’s Public Liability insurance. You are responsible for any other insurance required to cover Mynders in your home or other location.

Full Terms & Conditions

1.             RECITALS

1.1         The Mynder App and Services made available by Hoek Mynder Pty Ltd ATF Mynder Unit Trust trading as Mynder (HM). By downloading the Mynder App, the Family has requested and HM has agreed to provide the Services to the Family, subject to the terms and conditions set forth in this Terms of Service (these Terms).

1.2         By completing the download of the Mynder App, completing registration, and clicking “Create a family profile” within the Mynder App or by continuing to make Bookings, the Family acknowledges and agrees that they have read and understood the terms and conditions set forth in these Terms and the Family agrees to be bound by them.

1.3         If the Family does not agree with these Terms, the Family must stop using the Services and delete the Mynder App.

2.             DEFINITIONS AND INTERPRETATION

2.1         Definitions

In these Terms, unless the context otherwise requires:

Booking means the request lodged through the Mynder App or via telephone (call or SMS) or email for a Mynder to attend the Family’s premises or other nominated location to provide the Mynder Services;

Booking Fee means the amount payable to HM for administering the Booking request;

Cancellation Fee means the fee payable to HM calculated pursuant to clause 6.7;

Confidential Information means all of the following: (a) the trade secrets of any Party; (b) the names of all past, present, and prospective Consumers, including all records regarding Products sold or supplied to them; (c) the names of all past, present, and prospective employees of such Party; (d) the Party’s past, present, and prospective systems, methods and procedures used in the operation of such Party’s business; (e) any other oral, written, electronic or recorded information of any Party’s business, products, financial condition, operations, assets or liabilities; (f) any documentary information that is marked “Confidential”, “Private”, “Secret”, “In Confidence” or “Not to be disclosed”; (g) all notes, analyses, summaries, compilations, studies projections, forecasts budgets, price list or records of any Party that is marked confidential or which by its nature is confidential.

Confidential Information excludes information (a) generally available in the industry other than as a result of a wrongful disclosure, (b) independently acquired or developed by a party without breach of these Terms, or (c) available to a Party on a non-confidential basis from a third person not bound by any confidentiality agreement or fiduciary obligation owed to the other Party.

Costs means the reasonable costs incurred by the Mynder whilst providing the Mynder Services, as agreed in advance with the Family, or reasonable costs incurred by the Mynder whilst providing the Mynder Services due to unforeseen circumstances;

Family means the parent or legal guardian, or a short-term guardian authorised by the parent or legal guardian, of the children for which the Mynder Services are required;

Family’s Content means any and all data, tax, images, audio or video material posted by a Family, incorporated in the Family profile, in any medium produced and provided via the Mynder App by a Family;

GST means Goods and Services Tax as defined under the GST Act;

GST Act means A New Tax System (Goods and Services Tax) Act1999 (Cth);

HM means Hoek Mynder Pty Ltd ATF Mynder Unit Trust ABN 36 862 764 505 trading as Mynder;

Intellectual Property includes but is not limited to copyright, trademarks, designs, patents, processes and all other intellectual property that is capable of legal protection, regardless of whether such legal protection has been formally obtained;

Invoice means an invoice that complies with the taxation and other applicable laws of the country in which the invoice is issued;

Law means all applicable legislation, Acts, rules, regulations and by-laws current in the Territory together with all amendments and replacing laws;

Light Housework Prices means the amount payable by the Family to the Mynder in the event that additional light housework is requested by the Family to be undertaken by the Mynder during the Booking;

Minimum Booking Period means three (3) hours;

Mynder means the babysitter provided by HM in accordance with the Family’s instructions to provide the Mynder Services.

Mynder App means the smartphone application made available by HM for use as an online booking, management, and communication platform for use in the child care and babysitting industry;

Mynder Prices means the hourly rates payable to the Mynder for providing the Mynder Services;

Mynder Services means the child care and babysitting services to be provided by the Mynder to the Family;

Notice means a notice in writing including those sent by facsimile, letter, email and telex and conveyed in accordance with these Terms

Party or Parties means the Parties to these Terms as specified by the Family when completing the Family Profile within the Mynder App, and includes their lawful successors and assigns. Any reference to a party will include, where applicable, any subsidiary controlled by a Party or by the same persons who control that Party;

Services means the screening, placement and administrative services for the child care and babysitting services provided by HM to the Family through the Mynder App;

Subscriber Price means the monthly amount payable by the Family to HM for the provision of fully screened Mynders bookable via the Mynder App; and

Term means the term of these Terms starting on the date the Family accepts the terms and conditions of these Terms and ending on the date the Family ceases to use the Mynder App and Services, unless these Terms are terminated by either Party in accordance with clause 12 of these Terms.

2.2          Interpretation

In these Terms:

(a)        Words importing any genders include all genders;

(b)        Words importing the singular include the plural and vice versa;

(c)        A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them;

(d)        A reference to a person includes anybody that is recognised by Law in the Territory as such, whether as a natural person or a body corporate;

(e)        A reference to a party to these Terms or another Terms of Service or document includes the party’s successors and permitted substitutes or assigns (and, where applicable, the party’s legal representatives);

(f)         A reference to currency shall mean Australian Dollars (AUD) inclusive of any taxes; and

(g)        A reference to legislation or regulations shall include all amendments and re-enactments.

3.              ENGAGEMENT OF HM

3.1          The Family hereby engages HM and HM hereby agrees to perform for and on behalf of the Family the Services subject to these Terms.

3.2          The engagement shall continue for the Term, unless terminated earlier in accordance with clause 12 of these Terms.

4.              REGISTRATION INFORMATION AND PASSWORDS

4.1          The Family must register to the Mynder App in order to obtain full functionality. By registering within the Mynder App and providing any such data or other personal information:

(a)            the Family agree that all information provided during the registration process is true and accurate and the Family will update this information in order to keep it current, complete and accurate; and

(b)            the Family agree to the terms of our Privacy Policy.

4.2          During the registration process, the Family may be asked to select a password for the Family’s User account. The Family agree to keep the Family’s password confidential at all times and must not disclose it to any third parties. The Family agree to be fully responsible for activities that relate to the Family’s User account or the Family’s password. If the Family has reason to believe that the Family’s password has been obtained by someone else without the Family’s consent, the Family must inform BSS immediately to disable the Family’s User account.

5.              SCOPE OF SERVICES AND HM WARRANTIES

5.1          For the term of these Terms, HM undertakes and agrees to:

(a)            provide and make the Mynder App available to the Family;

(b)            source and screen Mynders, and display Mynder profiles on the Mynder App;

(c)            provide the Services with due care and diligence; and

(d)            use its best efforts to find Mynders suitable to provide the Mynder Services.

5.2          HM warrants that it will carry out the following screening practices for Mynders as part of the Services:

(a)            Checking of a minimum of two (2) references;

(b)            Sighting of any qualifications listed on the Mynder profile including first aid, education, Police Check, and Working with Children Check;

(c)            Ensuring the Mynder is over 18 years old and has worked with children for 2 or more years; and

(d)            A face to face interview (in person or via video conference).

The Family acknowledges and agrees that HM is not required to make any further enquiries outside the above and HM will not be held responsible for any non-disclosure by the Mynder for any matters or issues not disclosed through the screening practices specified under this clause 5.2.

5.3          The Mynder App and Services are provided to the Family for individual use and personal use. While HM undertakes its own Mynder screening process, the Family must undertake their own due diligence in using the Mynder App and Services to ensure that the Mynder App and Services are suitable for their requirements and fit for their purpose.

5.4          The Family agrees to provide all information and materials as may be reasonably be required by HM in order for HM to provide the Services.

6.              PAYMENT AND CANCELLATIONS

6.1           In consideration of HM providing the Services, the Family agrees to pay the Booking Fee immediately upon confirmation of a Mynder for a requested Booking. The Booking Fee is not payable if the Booking is not confirmed by a Mynder or the Mynder does not attend the Booking.

6.2           An ongoing Subscriber Price is payable by the Family to HM. This is payable:

(a) On a pro rata basis from the date the Family selects Subscriber pricing until the end of that month;

(b) Monthly thereafter; and

(c) Only if the Family selects Subscriber pricing.

6.3           All payments for Booking Fees and Subscriber Prices are charged through the Family’s nominated debit or credit card through a third party merchant facility. HM is not responsible nor has any control over the third party merchant facility. The Family Acknowledges and agrees that HM will not be liable for any loss or damage arising out of their use of the third party merchant facility. HM advises that the Family should read and understand the terms and conditions of the third party merchant facility prior to using it.  Mynder uses the ANZ Secure Gateway system to process payments.

6.4           All prices are shown in AUD including GST, unless otherwise stipulated.

6.5           Any costs, including debt recovery and legal costs, incurred by BSS in the collection of any unpaid Booking Fees or Subscriber Prices are payable by the Family on an indemnity basis.

6.6           HM reserves the right to amend the Booking Fee and Subscriber Price from time to time. HM will notify the Family of any changes at least 30 daysin advance.

6.7           In the event of cancellations:

(a)           Booking Fees are non-refundable once a Booking is confirmed by a Mynder;

(b)           if a Booking is cancelled with less than twenty four (24) hours’ notice, the Family will be charged the Mynder Prices + GST for the Minimum Booking Period to compensate the Mynder; and

(c)            if a Booking is cancelled with twenty four (24) to forty eight (48) hours' notice, the Family will be charged 50% of the Mynder Prices + GST for the Minimum Booking Period to compensate the Mynder.

6.8           Subscriber Prices are not refundable. Subscriptions can be cancelled at any time and the cancellation applies from the 1st day of the following month.

7.              CLIENT’S WARRANTIES

The Family warrants that all information provided to HM for the purpose of these Terms is up to date and accurately describes the requirements and specifications of the Family’s circumstances.

8.              ENGAGING THE MYNDER

8.1          The Family acknowledges and agrees that the Mynder is not an employee or agent of HM. For the avoidance of doubt: HM itself does not provide the Mynder Services. It is up to the Mynder to offer Mynder Services, which may be requested through the use of the Mynder App. HM only acts as an intermediary between the Mynder and the Family. The provision of the Mynder Services by the Mynder to the Family is therefore subject to an agreement to be entered into between the Family and the Mynder. HM shall never be a party to such an agreement.

8.2          The Family may not liaise directly with the Mynder without any reference to BSS for any further Bookings. All Bookings must be made through the Mynder App and the appropriate fees paid by the Family. If a Family makes a booking with a Mynder outside of this arrangement, all applicable fees will become payable by the Family to HM as if such a Booking is made through the Mynder App.

8.3          The Family must pay the Mynder:

(a)            the Mynder Prices for the period undertaking the Mynder Services, as advised on the Booking Form and on the HM website;

(b)            any Costs; and

(c)            any Light Housework prices for the period undertaking the light housework, as agreed with the Mynder.

8.4          In the event that the Family arrives prior to the end of the Minimum Booking Period, the Family must pay the Mynder at least the Mynder Prices for the Minimum Booking Period.

8.5          The Family acknowledges that the Mynder is not an employee of HM, there is no partnership, joint venture or a franchise agreement. Neither Party may claim or hold itself out as having any other relationship, authority, right or entitlement to represent or act as agent of the other or to have any interest or shareholding in the other. HM does not supervise the Mynder and the Family acknowledges and agrees that the Family will supervise all activities undertaken during the Booking in conjunction with the Mynder.

8.6          The Family acknowledges and agrees that HM is not responsible for the failure of a Mynder to attend a confirmed Booking.  HM will use its best endeavours to provide a replacement Mynder however it is not liable for any losses or costs incurred by the Family due to such unavailability of the Mynder.  The Booking Fee will not be charged if a Mynder fails to attend a booking.

9.              BOOKINGS

9.1          When making a Booking, the Family must:

(a)            indicate whether light housework is required to be undertaken, in which case the Light Housework Prices apply; and

(b)            indicate if medical treatments are required to be administered (via Special Requirements).

9.2          Prior to commencement of a confirmed Booking and on arrival of the Mynder at the premises or nominated location, the Family must provide photographic identification to the Mynder for verification purposes (on request from the Mynder).

9.3          At the start of the booking:

(a)        The Family agrees to discuss any required medical treatments with the Mynder and provide written instructions on actions required. The Family acknowledges and agrees that the Mynder or BSS will not be responsible for any liabilities that may arise from the administration of medical treatments.

(b)        The Family will provide the Mynder with a list of emergency contact details, including paramedic and ambulance services, in the unlikely event of an emergency. The Family agrees to authorise the Mynder to take any necessary emergency first aid during the Booking and contact the necessary authorities if further action is required before notifying the Family.

(c)        The Family will discuss Light Housework requirements with the Mynder and agree work to be completed. Light Housework will only be completed where the children do not require the Mynder’s attention.

(d)        The Family will provide guidance on activities to be undertaken with the children and agree likely costs to be incurred by the Mynder which will be reimbursed at the end of the booking.

9.4          The Family agrees to provide a safe working environment for the Mynder whilst undertaking the Mynder Services. HM is not liable for any loss or damage arising from any injuries sustained or issues at the Family’s premises or nominated location. While Mynders are covered under the HM public liability insurance, the Family must keep current and sufficient insurance for the premises or nominated location to cover the Mynder in the premises or nominated location.

9.5          The Family acknowledges and agrees that when a Booking request is lodged, HM will transmit the Family’s personal information, such as the premises or nominated location details, the Family’s name, age and gender of the children, special requirements, pet details, the date of the Booking, and start and finish times to Mynders. In all other circumstances, HM warrants that the Family’s personal details will not be disclosed to any third parties without the Family’s express written consent.

10.          INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION & FEEDBACK

10.1       HM is the exclusive owner of all of the HM’s Intellectual Property. The Family must not do anything or omit to do anything which could detrimentally affect the ownership of HM’s Intellectual Property. The Family will not use any of HM’s Intellectual Property for any purpose without the prior written consent of HM.

10.2       Each Party undertakes not to use or disclose to any other Person or entity any of the other Party’s Confidential Information unless permission has been granted and will only use such Confidential Information in good faith and for the proper purposes of these Terms and subject to any restrictions imposed by the Party that is the provider of the Confidential Information.

10.3       HM welcomes and encourages Families to provide feedback, comments, and suggestions for improvements of the Mynder App and Services. The Family may submit feedback through the Mynder App or by emailing HM at feedback@mynder.com.au. Any opinions, advice, statements, offers, or other information or content or made available by the Family to HM are those of the respective authors or distributors and not of HM. The Family acknowledges and agrees that not all feedback provided to HM will be published through the Mynder App and that feedback may be shared with Mynders. The Family grants HM a non-exclusive, royalty-free, perpetual license to use, copy, create, modify, and display such feedback through the Mynder App, website and other materials.

10.4       The Family must not add Family’s Content to the Mynder App:

(a)            unless the Family holds all necessary rights, licences and consents to do so;

(b)            that would cause the Family or HM to breach any law, regulation, rule, code or other legal obligation;

(c)            that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

(d)            that is unsolicited, undisclosed or unauthorised advertising;

(e)            that are software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(f)             that would bring us, or the Mynder App, into disrepute; or

(g)            that infringes the Intellectual Property or other rights of any person.

10.5       The Family agrees to keep all records necessary to establish that Family’s Content does not violate any of the requirements under clause 10.4 and make such records available upon BSS’s reasonable request. The Family retains ownership of the Intellectual Property and proprietary rights in any Family’s Content.

10.6       The Family also grants to HM, its successors and affiliates, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Family’s Content and the Family’s name, voice, or likeness hereafter developed, for use in connection with the Mynder App and Services, including without limitation for promoting and redistributing part or all of the Mynder App (and derivative works thereof) in any media formats through any media channels.

10.7       The Family also grants each user a non-exclusive licence to access Family’s Content through the Mynder App, and to use, reproduce, distribute, display, and perform such Family’s Content, only to the extent permitted through the normal functionality of the Mynder App and subject to all confidentiality and other provisions of these Terms.

10.8       The above licences under clause 10.4 and 10.5 granted by the Family will terminate within a commercially reasonable time after the user removes or deletes the Family’s Content from the Mynder App, except that the user grants HM, its successors and affiliates, the irrevocable and perpetual licence to retain and use, but not publicly display, distribute, or perform, server, or archival copies of all Family’s Content that the Family have removed or deleted to the extent permitted by applicable law.

10.9       The Family hereby grants HM a royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all Intellectual Property rights without limitation with respect to Family’s Content worldwide or to incorporate Family’s Content in other works in any media now known or later developed for the full term of rights that may exist in Family’s Content.

11.          INDEMNITY

11.1       The Family shall indemnify HM against any loss, costs, expenses, demands or liability, (on a full indemnity basis) whether direct or indirect, and any expenses whatsoever which HM may suffer or incur or be called upon to suffer or incur by virtue of any breach or default by the Family of any of its obligations or duties under these Terms.

11.2       The Family shall indemnify HM against any loss, costs, expenses, demands or liability, (on a full indemnity basis) whether direct or indirect, and any expenses whatsoever which the Family may suffer or incur or be called upon to suffer or incur by virtue of any breach or default by the Mynder of any of its obligations or duties in any terms of service with the Family.

12.          TERMINATION

12.1       HM is entitled to terminate these Terms at any time by giving written notice to that effect to the Family if any of the following events occur:

(a)        Receipt of unsatisfactory feedback from a Mynder;

(b)        Failure to pay the Booking Fee or Subscriber Price;

(c)        Failure to pay the Mynder Prices (including any Costs and Light Housework Prices) to the Mynder;

(d)        Insolvency of the Family; or

(e)        The Family commits any breach of these Terms and fails to remedy that breach after being requested by HM to remedy that breach.

12.2       HM is also entitled to terminate these Terms at any time without cause.

12.3       The Family is entitled to terminate these Terms at any time by giving HM written notice to that effect.

12.4       All amounts paid to HM prior to termination are non-refundable and any future confirmed bookings should be honoured.

12.5       Notwithstanding termination of these Terms, these Terms will continue to be binding on the Parties and fully enforceable in respect to the rights and obligations of each Party relating to:

(a)        the payment of any sum;

(b)        any continuing obligations to the Mynder, if already engaged;

(c)        Confidential Information;

(d)        return of property and transfer of Intellectual Property; and

(e)        obligations in this clause and otherwise in these Terms that are expressly intended to apply after termination.

13.          RELATIONSHIP

13.1       The Parties acknowledge that they are not in partnership, there is no joint venture between them or franchise arrangement, and that the only relationship between them is that of customer (in the case of the Family) and as service provider (in the case of HM) in respect of the Services on the terms in this Client Terms of Service. Neither Party may claim or hold itself out as having any other relationship, authority, right or entitlement to represent or act as agent of the other or to have any interest or shareholding in the other.

13.2       It is expressly agreed that nothing in these Terms will give rise to any fiduciary relationship between the Family and HM and neither Party owes any fiduciary duty to the other in respect of its conduct.

14.          DISPUTE RESOLUTION

14.1       The Parties will comply with the following dispute resolution procedure:

(a)            Where a dispute arises between the Parties, the complainant Party will set out in writing and in English what it regards the dispute to be, informing the respondent Party:

(i)         the nature of the dispute; and

(ii)        what outcome the complainant wants; and

(iii)       what action the complainant Party requires in order to settle the dispute.

(b)            Both Parties will make every effort to resolve the dispute through negotiation and will in so doing act in good faith.

14.2       For mediation under these Terms:

(a)            if the Parties cannot agree under clause 16.1(b) within 21 days, either Party may refer the matter to a mediator; and

(b)            if the Parties cannot agree about who should be the mediator, either party may ask the Chief Executive Officer (at that time) of the Australian Commercial Disputes Centre to appoint a retired Judge or court officer or practicing barrister of at least 10 years admission to the Bar to act as the mediator and that mediator will act as mediator of the dispute;

(c)            the mediator may decide the time and place for mediation;

(d)            the Parties or their legal representative(s) must attend the mediation and try in good faith to resolve the dispute through meditation;

(e)            the Parties are equally liable for the costs of mediation and the costs of the mediator under this part unless they agree otherwise. The Parties must pay their own costs for attending at or being represented at the mediation;

(f)             nothing in this clause affects the right of a Party to take legal proceedings under these Terms, if mediation fails to resolve the dispute;

14.3       Nothing contained in the dispute resolution procedures above will deny or delay and Party seeking immediate injunctive relief from an appropriate Court where in the reasonable opinion of the Party the failure to obtain such relief would cause irreparable damage to the Party concerned.

14.4       These dispute resolution procedures will not apply to events giving rise to a right of termination of these Terms where there is no legitimate dispute as to the occurrence of that event.

15.          GENERAL

15.1       Variations

HM reserves the right, in its sole discretion, to change, modify, add or remove any part of the Mynder App, Services, or these Terms, in whole or in part, at any time. Notification of the changes will be provided to Families and will be effective immediately, unless expressed otherwise. It is the Family’s sole responsibility to periodically check the Mynder App, Services, and these Terms for any changes. If the Family does not agree with any of the changes, it is the Family’s sole responsibility to deregister from the Services and delete the Mynder App. The Family’s continued use of the Mynder App and Services will be deemed as the Family’s acceptance of the changes.

15.2       Waiver

(a)        The waiver by any Party of any right or entitlement or to claim in respect of any breach of these Terms must be in writing signed by the Party so waiving. No purported waiver that is not in writing and signed by the waiving Party will have any effect whatsoever.

(b)        A waiver will not preclude that waiving Party from relying upon any such right or entitlement arising in the future or to claim in respect of any subsequent breach of these Terms even if that future right, entitlement or subsequent is the same as that previously waived.

15.3       Notices

(a)        All Notices or requests given by either Party to the other are deemed to have been properly given if posted by mail or emailed to the email addresses set out when registering for the Services.

(b)        Any Notice or request sent by email will be deemed served on the day after being emailed. An email record will be conclusive evidence of the date of emailing. Any Notice or request sent by mail will be deemed served 14 days after the date of posting, not including the date of posting.

(c)        Any Notice or request sent by a Party to the other must be signed by a director or officer of the sending Party or appear on its face (where an email) to be so signed.

(d)        All Notices must be given in English.

(e)        The Family may change its details for service of a Notice through the Mynder App. BSS will notify the Family of any changes to this address for service details via email.

15.4       Force Majeure

Except for obligations to make payment, delay or non-performance by any Party will be excused if such delay or non-performance is due to an event or events outside the Party’s reasonable control, including but not limited to:

(a)        acts of god;

(b)        natural disasters;

(c)        sabotage;

(d)        accident;

(e)        riot;

(f)         shortage of supplies, equipment, and materials;

(g)        strikes and lockouts;

(h)        civil unrest; or

(i)         malicious damage.

15.5       Severability

If any clause of these Terms is invalid under any applicable such Law, the clause will be limited, narrowed, construed or altered as necessary to render it valid, but only to the extent necessary to achieve such validity. If necessary the invalid clause will be deleted from the Terms of Service and the remaining clauses will remain in full force and effect.

15.6       Counterparts

These Terms may be executed in counterparts, each of which will be deemed to be an original and all of which together will constitute one instrument and Terms of Service.

15.7       Entire Terms of Service

(a)        These Terms represents the entire Terms of Service between the Parties relating to the subject matter of the Terms of Service and supersedes all prior Terms of Services, understandings, representations and warranties relating to the subject matter of these Terms.

(b)        Neither Party has relied on or been induced by any representations or promises made to it prior to entering into these Terms in reaching its decision to enter into these Terms on these terms.

15.8       Governing Law and Jurisdiction

It is agreed by the Parties that these Terms is to be construed in accordance with the Laws of the State of New South Wales, Australia and each Party covenants that it submits to the jurisdiction of the Courts of the State or Territory in which the Territory is located for the resolution of any dispute under the Terms of Service. If the Territory is the whole of Australia then the Parties submit to the jurisdiction of all State and Territory Courts and Federal Courts.