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· Remember that taking care of your children is the number one priority and not all housework may be completed if your children require attention.
· Mynders are not employed by HM. You are responsible for giving Mynders direction regarding the duties required to be performed during the booking.
· 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.
· 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 24 to 48 hours's notice, you will be charged for 1.5 hours (+GST) of the booking to compensate the Mynder.
· 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).
· 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.
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.
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.
Mynder means the babysitter provided by HM in accordance with the Family’s instructions to provide the Mynder Services.
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.
(g) A reference to legislation or regulations shall include all amendments and re-enactments.
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.
4.2 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.
(d) use its best efforts to find Mynders suitable to provide the Mynder Services.
(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.
6.1 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.
(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.
(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.
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.
8.1 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.
(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.
(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).
(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.
10.1 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.
10.5 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.
11.1 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.
(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.
(e) obligations in this clause and otherwise in these Terms that are expressly intended to apply after termination.
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.
(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.
14.3 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.
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.
(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.
(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.
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.
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.
(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.
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.
Words do this to us. They feed us even before we see. They build expectations. They are things too. And they lead us to see other things in a certain way. Words activated like and paired with the visual are the message.
Did You Know: Amazing Gifts Edition!
... you can get a gorgeous necklace at ABC Carpet & Home in NYC?
A flying saucer ornament that is kind of cool for $5 at Crate & Barrel?
The perfect British-made wool watch cap at Sunspel.com, also known as the makers of actor Daniel Craig’s James Bond movie clothing?
A book about a girl and a squirrel, Flora & Ulysses, at Joseph-Beth Booksellers?
A set of elegant French Laguiole steak knives at Anthropologie?
A handsome vintage-style Penfield gym bag at J. Crew?
LOOK! It's Holiday Shopping Time!
I’m not alone in thinking that the NOT GUILTY verdict in the Casey Anthony trial, the young woman accused of killing her young daughter Caylee–like that of the O. J. Simpson trial before it–was a travesty of justice. What’s more appalling than when a clearly disordered person seems to be getting away with murder (at least in the eyes of a large segment of the public) is when she’s also getting paid large sums of money by the media for her infamy. It’s as if the American media rewards those who seem to be, quite literally, getting away with murder.
Faced with a much-deserved backlash from an outraged American public, ABC news decided to withdraw their offer to pay Casey Anthony one million dollars for exclusive rights to her story. It’s a wise decision, although I can’t help but wonder what kind of message both the news and the entertainment media send the public when they’re even contemplating such an offer. Apparently selling scandalous news trumps any consideration to ethics or the public welfare.
Because of this priority, not that long ago, notorious (probable) psychopaths like Drew Peterson had a field day with the media, manipulating them to the point of ridicule and humiliation. When interviewed on Steve Dahl’s Morning Show about his proported grief for his missing wife, Peterson wanted to pitch instead his idea for a dating contest, Win a Date with Drew. Being desperate to get an interview with high profile suspected murderers, even the mainstream media–not only the tabloids–are turning psychopathy into a circus.
Here’s one of the latest stories about the outcome of Casey Anthony’s trial and the media offers for her story, from Marisa Guthrie in The Hollywood Reporter (July 8, 2011). I’m including below both Guthrie’s article and its link, since I believe this case has everything to do with psychopathy (and its rewards in the media). The media has become so motivated by the bottom line that, apparently, they are willing to pay any price for salacious news stories, no matter how much they offend the norms of human decency.
On Thursday, Hollywood agency Paradigm, Jose Baez hours after the company announced internally that it would rep Baez in TV, film and book rights.
Nevertheless, as Anthony is due to be released from jail on July 17, bookers for the broadcast and cable networks are camped in Florida working contacts in hopes of landing interviews with Anthony and her family. But the stench of checkbook journalism and the prospect that Anthony could profit from the death of her daughter is giving news executives back in New York pause.
Now news organizations routinely disclose on-air if they’ve paid a licensing fee. And the practice has become so derided, that they take pains to disclose when they haven’t paid. Today host Ann Curry noted as much during her interview with Octomom Nadya Suleman on Friday.