1.1 These are the Terms and Conditions (âTermsâ) that govern the access and use of Nestwel (referred to as âNestwelâ, âweâ, âourâ or the âPlatformâ) and are to be read together with the Privacy & Cancellation and Refunds Policies (âPoliciesâ).
1.2 The Platform operates as a marketplace that connects households/users (âCustomersâ) with independent home service providers (âService Providersâ) across various categories.
2.1 By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Policies, and other applicable policies. If you do not agree with any part of these Terms, please do not use the Platform.
3.1 To use the Platform, you must:
(a) be at least 18 years old; (b) have the legal capacity to enter into a binding contract; and (c) register for an account with accurate, current, and complete information. By registering, you represent and warrant that you meet all these eligibility requirements.
4.1 To access certain features of the Platform, you must create an account. You agree to:
(a) provide accurate, authentic and complete information during registration; (b) keep your account information up-to-date and ensure that it remains true, correct, current and complete; (c) maintain the confidentiality of your login credentials; and (d) be responsible for all activities that occur under your account.
4.2 You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
5.1 Nestwel provides the Platform for connecting Customers and Service Providers. The services offered by Service Providers may include, but are not limited to, child care, housekeeping, tutoring and other household services. Nestwel does not endorse, employ, or control the Service Providers and is not responsible for their actions, performance, or omissions.
(a) For Customers: Customers can use the Platform to search for, communicate with, and book Service Providers. It is the Customerâs responsibility to verify the qualifications, background and suitability of any Service Provider they engage. (b) For Service Providers: Service Providers can create profiles, list their services, set availability and connect with Customers through the Platform. Service Providers are independent and are solely responsible for the quality of services they provide and compliance with any applicable laws or regulations.
5.2 By using the Platform, Customers acknowledge that Nestwel is not responsible for the information provided, conduct, performance, or quality of services provided by Service Providers.
6.1 Within Nestwel, each Service Provider has a combination of required and optional background checks which are all prominently displayed next to their profile in Nestwel.
6.2 At a minimum, each Service Provider must complete an identification check. This is managed via Stripe, a secure third-party, and it ensures that the person is who they say they are.
6.3 Service Providers can also provide optional police vetting checks, working with children checks and Service Providers can also upload their right to work in Australia and/or New Zealand documentation. Service Providers must ensure that all documentation uploaded on their profile is accurate, authentic and valid.
6.4 Nestwel accepts no responsibility for any use that is made of an identification check.
6.5 Nestwel does not guarantee the accuracy or comprehensiveness of any background check. Customers are encouraged to perform their own due diligence before hiring any Service Provider.
7.1 Nestwel may make badges available to Service Providers. Obtaining badges may be conditional upon the provision of certain information or documentation by the Service Provider. Service Providers agree to provide authentic and accurate information and documentation for the purpose of obtaining the badges.
7.2 Customers acknowledge that badges are point in time checks and may not be accurate at the time it is displayed. Customers acknowledge that to the extent they have relied on a badge in making a booking on the Platform, you do so aware of this limitation. You should seek to verify any badge with the Service Provider prior to making the booking.
7.3 It remains the Service Providerâs responsibility to ensure that information or documentation it provides in obtaining a badge is true and accurate and must inform Nestwel immediately if a badge is no longer valid.
7.4 The issue of a badge to a Service Provider remains in the control of Nestwel and the display and use of a badge is licensed to the Service Provider for use on the Platform only. Any verification obtained as a result of the issue of a badge may not be used for any other purpose outside of the Platform.
7.5 Nestwel retains the discretion and right to not issue, or remove without notice, a badge if the Service Provider is in breach of any of these Terms, the badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Nestwel.
8.1 The Customer and Service Provider agree to communicate through the Platform and make and receive payments only through the Platform from the date they first identify or meet for any bookings. Violations of this provisions will constitute a serious breach and may result in permanent suspension of your account and/or legal action.
8.2 The Customer and Service Provider agree to notify Nestwel immediately if a person suggests making or receiving payments other than through the Platform in violation of this section 8 or if they receive unsolicited contact outside of the Platform. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to Nestwel.
8.3 You acknowledge and agree that a violation of this section 8 is a material breach of the Terms, and may result in your account being permanently suspended. This section still applies if you choose to cease using the Platform.
9.1 Payment process
(a) Time of payment: Payment of a booking is to be made on the day of the booked service. In the event of a recurring booking, payment is to be made on the day of each recurring date of service to be provided.
(b) Payment methods: Customers can make payments through the Platform using accepted payment methods, which may include credit/debit cards, digital wallets, and other electronic payment systems.
(c) Payment security: All payment transactions are processed securely through our third-party payment processors. We do not store your payment information. In so far as it is relevant to the provision of payment, the terms at https://stripe.com/ssa/ are incorporated into these Terms and will prevail over these Terms to the extent of any inconsistency in relation to the provision of the payment method.
(d) Invoicing: Upon booking a Service Provider, Customers will receive an invoice detailing the services requested, the agreed-upon rate, applicable fees, and total cost.
(a) Service Providers agree to pay a 5% service fee for using the Platform. These fees will be deducted from the payments made by Customers.
9.3 Transaction fee
(a) Nestwel charges a 5% transaction fee for facilitating the connection between Customers and Service Providers. This fee will be clearly displayed during the booking process and included in the final invoice.
9.4 In addition to the Platform fees for Nestwel, there may be additional credit card processing fees. These are on-charged from Stripe, a secure payment processor.
9.5 Tax obligations
(a) Service Providers are responsible for reporting and paying any goods and services or income tax payable on the income they earn through the Platform. (b) Nestwel may provide tax documentation, information or records as required by law for the purpose of compliance with any Australian tax law.
10.1 You agree to use the Platform only for lawful purposes and in accordance with these Terms. You will not:
(a) act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Platform or any network, system, software, data or material that underlies or is connected to the Platform, or otherwise attempt to damage or interfere with the Platform; (b) Impersonate any person or entity or misrepresent your affiliation with any person or entity; (c) use the Platform to solicit or provide illegal services; (d) harass, intimidate, or threaten any other user; (e) post false, misleading, or defamatory information on the Platform; (f) violate any applicable laws, regulations, the Terms or Policies in your use of the Platform; and (g) interfere with or disrupt the integrity or performance of the Platform.
11.1 Service Providers may not offer, and Customers may not request, any services that are illegal or that violate the policies of the Platform. Nestwel reserves the right to remove any listings or users found to be in violation of these Terms, including but not limited to services that:
(a) involve illegal activities; (b) are discriminatory or promote hate; (c) violate intellectual property rights; and (d) are otherwise prohibited by law or these Terms.
12.1 Disputes between the Customer and Service Provider
(a) Direct resolution encouraged: In the event of a disagreement between a Customer and a Service Provider regarding a service (including quality, timing, or other terms) or any other matter, both parties agree to and are encouraged to communicate directly and to try and make a genuine attempt to resolve the issue amicably first before any other steps are taken by either party. (b) Platform assistance: If a resolution cannot be reached within 14 days, either party may contact our support team for assistance. While we do not assume liability for the service itself, our team may review the case and help facilitate a fair outcome. For that purpose, the Customer and Service Provider agree to co- operate with any investigation undertaken by Nestwel. Nestwel reserves the right to make a final determination (acting reasonably) based on the information supplied by the Customer and Service Provider. However, this determination does not constitute formal mediation or arbitration, and we make no guarantees about the outcome. (c) Mediation option: If both parties agree, the Platform may assist in facilitating a formal mediation between the Customer and Service Provider, with the costs of any such mediation to be borne by the Customer and Service Provider in shares to be agreed between the parties or the mediator.
12.2 Disputes involving the Platform
(a) Notice of dispute: If a Customer or Service Provider has a dispute directly with Nestwel regarding the Platform use, account status, or other matters, they must first notify Nestwel in writing. The notice should describe the nature of the dispute in detail, provide any relevant supporting information and be sent to admin@nestwel.com.au. (b) Negotiation period: Upon receiving notice, Nestwel will have 14 days to respond to the notice following which both parties agree to negotiate in good faith to resolve the issue. This negotiation period will last up to 28 days, during which we will make reasonable efforts to address and resolve the issue. (c) Mediation or arbitration: If the dispute remains unresolved after the 28-day negotiation period, either party may opt to resolve the dispute through mediation or arbitration. The mediation or arbitration will take place in Victoria, Australia, and the costs of the mediation or arbitration will be shared equally by both parties, unless otherwise determined by the mediator or as agreed by the parties. (d) Exclusions: This clause does not limit either party's right to seek urgent interim relief from a court if necessary to prevent immediate and irreparable harm. (e) Governing law and jurisdiction: This Dispute Resolution clause is governed by the laws of Victoria, Australia. By agreeing to these Terms, you consent to the jurisdiction of Victorian courts.
13.1 Nestwel reserves the right to terminate or suspend your account at any time for any reason, including but not limited to violation of these Terms, the Policies, fraudulent activity, or misuse of the Platform. Upon termination, you will not have access to your account or any data associated with it.
13.2 On suspension or termination, you must immediately cease using the Platform and must not attempt to gain further access.
14.1 To the extent permitted by law, Nestwel and its licensors have no liability or responsibility to you or any other person for any loss (includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis) in connection with:
(a) the Platform being unavailable (in whole or in part) or performing slowly; (b) any error in, or omission from, any information made available through the Platform; (c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Platform. To avoid doubt, you are responsible for ensuring the process by which you access and use the Platform protects you from this; and (d) any site linked from the Platform. Any link on the Platform to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
14.2 Nestwel makes no representation or warranty that the Platform is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Platform is not illegal or prohibited, and for your own compliance with applicable local laws.
15.1 Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any rights or remedies, or any guarantees, warranties, or other terms or conditions implied or imposed by any legislation, including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law ('ACL'), which cannot be lawfully excluded or limited. These include non-excludable guarantees that services will be provided with acceptable care and skill and be reasonably fit for their intended purpose.
15.2 Platform role and liability: Nestwel acts solely as a marketplace connecting Customers with independent Service Providers. We do not provide or endorse the services offered by Service Providers and make no warranties regarding their quality, safety, legality, or suitability. To the fullest extent permitted by law, we are not liable for any direct, indirect, incidental, special, or consequential losses or damages arising from or in connection with:
(a) the actions or omissions of any Service Provider; (b) any services booked or rendered by Service Providers through the Platform; or (c) any loss, damage, or injury sustained by a Customer or Service Provider in connection with the use of the Platform, except as required under the ACL.
15.3 Limitation of our liability: Where our liability for breach of any guarantee, warranty, or condition implied by law can be limited, our liability will, to the extent permitted by law, be limited to in the case of services provided by us, the supply of the services again, or the payment of the cost of having the services supplied again.
15.4 User responsibilities: Users of the Platform, both Customers and Service Providers, acknowledge that they are responsible for their own actions and interactions on the Platform. By using the Platform, they agree to hold Nestwel harmless from any claims or liabilities arising from their actions, except to the extent such claims or liabilities arise from our breach of non-excludable consumer guarantees or other legal obligations.
15.5 Consequential loss: To the maximum extent permitted by law, Nestwel will not be liable for any indirect or consequential losses, including loss of profits, loss of business opportunity, or other intangible losses resulting from your use of the Platform or services facilitated through it.
16.1 You agree to indemnify, defend, and hold harmless Nestwel, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with:
(a) your use of the Platform; (b) your breach of these Terms; and (c) your interaction with any other user of the Platform, including any disputes between Customers and Service Providers.
17.1 All content, trademarks, service marks, and logos displayed on the Platform are the property of Nestwel or their respective owners. Nothing in these Terms grants you any rights to use such intellectual property without prior written permission.
17.2 By posting content on the Platform (for example, reviews or comments), you grant Nestwel a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, and perform such content.
18.1 Customers and Service Providers are solely responsible for any content they post on the Platform, including but not limited to profiles, reviews, and communications.
18.2 Customers and Service Providers agree not to:
(a) post any content that is unlawful, defamatory, obscene, or otherwise objectionable. Nestwel reserves the right to remove any content that violates these Terms or is deemed inappropriate; and (b) share personal, sensitive, or confidential information about yourself or others on the Platform.
19.1 Your privacy is important to us. Our Privacy policy explains how we collect, use, disclose, and safeguard your information when you use the Platform. By using the Platform, you agree to the terms outlined in the Privacy policy.
19.2 The key points include:
(a) Information collection: We collect information you provide directly, such as during account registration, as well as information collected automatically through your use of the Platform. (b) Use of information: We use your information to provide and improve our services, communicate with you, and ensure the security of the Platform. (c) Data sharing: We may share your information with third parties under certain circumstances, such as with Service Providers to facilitate services or as required by law. (d) Data security: We implement security measures to protect your information from unauthorised access, disclosure, alteration, and destruction. For the full details, please review our Privacy policy.
20.1 Nestwel reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Platform. 20.2 You are responsible for ensuring you are familiar with the latest Terms. 20.3 Your continued access and use of the Platform after any changes to the Terms will signify your acceptance of the revised Terms.
21.1 These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia without regard to its conflict of law principles. Any legal actions or proceedings arising out of or related to these Terms or use of the Platform must be brought exclusively in the courts located within Victoria, Australia and you consent to the exclusive jurisdiction of such courts.
22.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by these Terms. In particular, Customers or Service Providers have no authority to bind Nestwel, its related entities or affiliates in any way whatsoever.
22.2 Nestwel confirms that all services that may be promoted on the Platform are provided solely by the Service Providers. To the extent permitted by law, Nestwel specifically disclaims all liability for any loss or damage incurred by a Customer in any manner due to the performance or non-performance of such services by a Service Provider.
23.1 If we need to contact you, we may do so by email or any other contact information you have provided. You agree that this satisfies all legal requirements in relation to written communications.
23.2 For us to waive a right under these Terms, the waiver must be in writing
23.3 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
23.4 These Terms set out everything agreed by Customers, Service Providers and any other user of the Platform relating to their use of the Platform and supersede and cancel anything discussed, exchanged or agreed prior to agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Platform that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
24.1 If you have any questions or concerns regarding these Terms, please contact us by email on admin@nestwel.com.au.