Terms of Service
Last updated: March 1, 2026
Important: Read This First
Holiday Nannies operates as a marketplace platform, not an employment agency or employer. We connect families with independent nannies. The childcare contract is directly between you and the nanny—we are not a party to that contract and assume no liability for the service provided.
1. Acceptance of Terms
By accessing or using the Holiday Nannies platform ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.
These Terms constitute a legally binding agreement between you and Holiday Nannies Pty Ltd ("Holiday Nannies," "we," "our," or "us"). We reserve the right to modify these Terms at any time. Your continued use after changes constitutes acceptance of the modified Terms.
2. Marketplace Model & Relationship
2.1 Platform Role
Holiday Nannies provides a technology platform that connects families seeking childcare with independent nannies offering childcare services. We facilitate the connection, booking, and payment process, but we are not a childcare provider, employment agency, or employer.
2.2 Direct Contractual Relationship
The childcare services contract is directly between the family and the nanny. Holiday Nannies is not a party to this agreement. We:
- Do NOT employ nannies (they are independent contractors)
- Do NOT supervise, direct, or control nannies' work
- Do NOT guarantee the quality or safety of childcare services
- Are NOT liable for acts or omissions of nannies or families
- Do NOT assume responsibility for tax withholding, insurance, or employment benefits
2.3 Independent Contractor Status
Nannies using our platform are independent contractors, not employees of Holiday Nannies. Nannies are responsible for their own taxes, insurance, and legal compliance. Families booking nannies are not entering into an employment relationship with Holiday Nannies.
3. User Accounts & Responsibilities
3.1 Account Registration
You must create an account to use our Services. You agree to provide accurate, current, and complete information and keep your account updated. You are responsible for maintaining the confidentiality of your password.
3.2 Age Requirement
You must be at least 18 years old to use our Services. Nannies must be at least 18 years old to create a provider account.
3.3 Account Security
You are responsible for all activity under your account. Notify us immediately of any unauthorized access. We are not liable for losses caused by unauthorized use of your account if you fail to maintain security.
4. Terms for Families
4.1 Booking Process
When you book a nanny, you enter into a direct agreement with that nanny for childcare services. You agree to pay the booking fee to Holiday Nannies and the agreed hourly rate directly to the nanny.
4.2 Your Responsibilities
- Provide accurate information about your children, requirements, and expectations
- Treat nannies with respect and professionalism
- Pay nannies as agreed and on time
- Ensure a safe working environment for nannies
- Communicate any concerns or issues promptly
- Comply with local laws regarding childcare arrangements
4.3 Parental Responsibility
You remain ultimately responsible for your children's welfare. While we vet nannies thoroughly, you should exercise your own judgment when selecting a nanny. We recommend video calls before booking and establishing clear expectations about care standards.
5. Terms for Nannies
5.1 Independent Contractor Status
You acknowledge that you are an independent contractor, not an employee of Holiday Nannies. You are responsible for your own taxes, insurance, and legal compliance. We do not withhold taxes, provide benefits, or control how you perform your services.
5.2 Your Responsibilities
- Provide accurate information about your experience, qualifications, and availability
- Complete all required verification and background checks
- Provide professional, safe, and quality childcare services
- Maintain appropriate insurance (where available)
- Comply with all local laws and regulations regarding childcare
- Report any incidents or concerns to families and Holiday Nannies immediately
- Maintain confidentiality regarding families and children
5.3 Payment
Families pay you directly for childcare services. We do not take commission from your earnings. You are responsible for setting your own rates (within our suggested ranges) and collecting payment from families according to your agreed schedule.
6. Fees & Payments
Families pay a one-time booking fee to Holiday Nannies based on trip length. This fee covers platform access, vetting services, support, and booking protection. Booking fees are non-refundable except as outlined in our Cancellation Policy.
Nanny payments are arranged directly between families and nannies. We are not involved in these transactions and are not responsible for payment disputes.
7. Cancellation & Refunds
14+ days before booking: 100% refund of booking fee
7-14 days before: 50% refund of booking fee
Less than 7 days: No refund of booking fee
If a nanny cancels within 48 hours of booking, we'll help find a replacement or provide a full refund. See our Pricing page for complete details.
8. Disclaimer of Warranties & Limitation of Liability
8.1 No Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE THE QUALITY, SAFETY, OR SUITABILITY OF ANY NANNY OR THE SERVICES THEY PROVIDE. WHILE WE VET NANNIES, WE CANNOT GUARANTEE THEIR PERFORMANCE, RELIABILITY, OR CONDUCT.
8.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLIDAY NANNIES SHALL NOT BE LIABLE FOR:
- Any acts, omissions, errors, negligence, or misconduct of nannies or families
- Injuries, damages, or losses arising from childcare services
- Disputes between families and nannies
- Payment disputes or non-payment
- Indirect, incidental, consequential, or punitive damages
OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE BOOKING FEE YOU PAID FOR THE SPECIFIC BOOKING IN QUESTION.
8.3 Indemnification
You agree to indemnify and hold harmless Holiday Nannies from any claims, damages, or expenses arising from your use of the Services, your breach of these Terms, or your violation of any rights of another party.
9. Prohibited Conduct
You may not:
- Provide false or misleading information
- Impersonate any person or entity
- Circumvent our payment system or booking fees
- Harass, abuse, or discriminate against other users
- Use the platform for any illegal purpose
- Interfere with or disrupt the Services
- Scrape, data mine, or extract data without permission
- Create multiple accounts to evade bans or manipulate ratings
Violation of these rules may result in account suspension or termination without refund.
10. Dispute Resolution & Governing Law
These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.
Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in Sydney, Australia, except where prohibited by law. You waive any right to a jury trial or to participate in a class action lawsuit.
Before initiating arbitration, you must first attempt to resolve the dispute informally by contacting our support team at legal@holidaynannies.com.
11. Termination
We may suspend or terminate your account at any time for violation of these Terms or for any other reason at our discretion. You may close your account at any time by contacting support. Termination does not relieve you of obligations incurred before termination.
12. Changes to Terms
We may update these Terms at any time. Material changes will be communicated via email or prominent notice on our platform at least 30 days before taking effect. Your continued use after changes constitutes acceptance of the updated Terms.
13. Contact Information
Holiday Nannies Pty Ltd
Legal inquiries: legal@holidaynannies.com
General support: support@holidaynannies.com
Address: Level 12, 123 George Street, Sydney NSW 2000, Australia
ABN: 12 345 678 901