Terms and Conditions

There are key capitalised terms used in these Terms and Conditions which are defined as follows:

• Helper means an individual who is looking to provide Services and eligible to register as a “Helper” on the Juggle Street Platform. Businesses (including childcare centre operators, babysitting or nanny agencies, tutoring centre operators, tutor agencies, recruitment agencies and creche or other similar childminding operators), bodies corporate or other similar entities are not permitted to register to be Helpers on the Juggle Street Platform.
• Juggle Street Platform includes the website located at www.jugglestreet.com, www.jugglestreet.co.nz, //web.jugglestreet.com, //m.jugglestreet.com, all related webpages and downloadable Apps and associated customer support.
• Juggler means an individual or Eligible Business looking for an individual to provide Services to them and eligible to register as a “Juggler” on the Juggle Street Platform.
• Eligible Business means businesses (including childcare centre operators, babysitting or nanny agencies, tutoring centre operators, tutor agencies, recruitment agencies and creche or other similar childminding operators), bodies corporate or other similar entities which comply with the requirements of these Terms and Conditions.
• Services means babysitting, nanny, outside school hours care, au pair, early childcare education, tutoring and other similar childcare services.

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 access or use the Juggle Street Platform. You must not access or use the Juggle Street Platform in any way other than in accordance with these Terms and Conditions.

Your access to, and use of, the Juggle Street Platform is also governed by the Juggle Street Privacy Policy and any other terms and conditions contained elsewhere on the Juggle Street Platform.

The Juggle Street Platform is for the use of individuals and Eligible Businesses only.

What is the Juggle Street Platform?

The Juggle Street Platform connects Jugglers and Helpers 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 Helpers 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 Helpers.

What Juggle Street is NOT!

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 Helpers 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 Helpers. Jugglers and Helpers are wholly responsible for complying with any contractual or other relationship that may arise between them. Jugglers and Helpers are also wholly responsible for complying with all applicable laws in relation to work health and safety, working with children, and the employment of Helpers who are minors, including all laws on the minimum wage payable to Helpers.

For the avoidance of doubt:

• Jugglers must comply with any restrictions on the minimum age of employment, working hours, minimum wage, working conditions, working standards, and with any requirements to give notifications or obtain consents, permits or authorities to employ Helpers who are minors.
• Helpers are solely responsible for payment of tax to the Inland Revenue Department in New Zealand. This is your responsibility and we strongly recommend that you do this to avoid any tax issues. See www.ird.govt.nz
• When using a young person over the age of 16 as Helper you are legally required to consider whether you are making reasonable provision for the supervision and care of the children being cared for, especially if it is for extended periods of time (such as a weekend) or whether the Helper has the maturity to safely care for themselves and the children being cared for. Parental judgement is called for in these situations.
• Juggle Street has no control over the homes and other venues in which Helpers may be asked to work. It is the responsibility of the Jugglers to provide a safe working environment and the responsibility of the Helper to feel safe, secure and comfortable at all times. In particular:

• A Helper should never be under the influence of drugs or alcohol; and
• A Helper should never have friends, family or partners with them; and 
• A Helper should let a friend or relative know exactly where you are, what you are doing and what time you will be back. The friend or relative should have contact details and the address of the Juggler; and
• If under any circumstances you feel threatened then you should leave immediately as long as you are not leaving children without suitable supervision.

Juggle Street encourages Jugglers to perform their own independent investigations about prospective or existing Helpers. While Juggle Street requires Profiles for Jugglers and Helpers and verification of Jugglers’ and Helpers’ Profiles, and encourages reviews and ratings of Jugglers and Helpers, Juggle Street does not itself verify or conduct, or assume any responsibility to conduct, any checks in relation to:

• any Working With Children Checks or Police Checks issued in respect of Helpers or under the New Zealand Police Vetting Service;
• the suitability, honesty, character or capability of any Juggler or Helper;
• the accuracy, completeness or currency of any Juggler’s or Helper’s Profile; or
• any Juggler’s or Helper’s eligibility to access or use, or compliance with the terms and conditions of access and use of, the Juggle Street Platform.

Juggle Street does not recommend or endorse any Juggler or Helper.

Juggle Street has no control over, and accepts no responsibility or liability for, the acts or omissions of any Juggler or Helper, including the Services provided by Helpers.

Juggle street encourages Jugglers to consider the following when deciding about Helpers:

• is the Helper sufficiently mature and responsible to be left alone at this time with children? 
• does the Helper feel happy and confident about being left? 
• have you thought about any risks and talked through safety issues with the Helper? 
• can the Helper handle any problems that might arise? 
• are there any areas that they could struggle with? 
• who is close by who could help them if the need be? 
• does the Helper know how to contact that person urgently if there is a need?
• is that person available at the time required?

 Registration

To access and use the Juggle Street Platform, Jugglers and Helpers are required to complete the registration process through the Juggle Street Platform. If you are not eligible to register as a Juggler or Helper you are not authorised to access or use the Juggle Street Platform.

You are not eligible to register as a Juggler or Helper, or to access or 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 meet, and will continue to meet, the eligibility conditions applicable to your registration; 
• if you are a Helper, you will have an appropriate Working With Children Check and/or Police Check (if this is required under New Zealand law) at the time you provide the Services; 
• if you are a Juggler, you will only employ Helpers who hold the appropriate Working With Children Check, Police Check (if this is required under New Zealand law), and you will comply with any restrictions on the minimum age of employment, working hours, working conditions, working standards, and with any requirements to give notifications or obtain consents, permits or authorities to employ Helpers who are minors; and 
• all information provided by you to Juggle Street is accurate and up-to-date at the time it is provided to us and will contain at least the minimum mandatory information required to activate a Profile;

• If you are a Juggler you will comply with the duties are set out in the Health and Safety at Work Act 2015 which deals with health and safety issues in all workplaces and during all work activities. People who control or manage a workplace also have responsibilities under the Health and Safety at Work Act 2015; and
• if you are a Juggler who is an Eligible Business, you will have a valid NZBN and, if applicable, a GST Number at the time you enter into any contractual or other relationship with a Helper.

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 access or use the Juggle Street Platform.

If we become aware that you have ceased to be eligible to use the Juggle Street Platform, we may take action described in the “Termination” section below.

Any personal information collected by Juggle Street will be held and used by Juggle Street in accordance with our Privacy Policy. 

You must not have more than one active account or Profile and neither your account nor your Profile is transferable.

Helpers

To be eligible to register as a Helper you must;

• be aged 16 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; and
• provide us with your date of birth as part of the registration process.

To be eligible to register as a Helper you must also verify your Profile with us. You can do this by one or more of the following:

• complete the mobile phone verification process; or
• any other verification method approved by us from time to time.

By registering as a Helper aged 18 years or older you agree to pay, or have paid on your behalf, to Juggle Street the relevant fee published from time to time on the Juggle Street Platform (Helper Fee) as consideration for your access to, and use of, the Juggle Street Platform. To see the Helper Fees, click here.

The Helper Fee is payable in advance for the payment option chosen by the Helper.

Helper Fees are subject to any Special Offer from time to time in relation to which a Helper may be eligible to participate.

A Helper may opt out of paying the Helper Fee by clicking the “Cancel” button in the Payments section of their account. If the Helper opts out, then:

• the Helper will be able to keep using the Juggle Street Platform until the end of the period in relation to which any instalment of the Helper Fee has been paid in advance; and
• from the end of that period, the Helper’s account on the Juggle Street Platform will be suspended, and the Helper will not be able to use the Juggle Street Platform, unless and until the Helper again agrees to pay the Helper Fee.

In addition to the Helper Fee, a Helper must also pay any applicable fees for obtaining a Working With Children Check, Police Check and/or Police Vetting in New Zealand to the relevant agency.

Helpers aged 16 to 17 years:

If you are aged 16 to 17 years 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 Helper aged 16 to 17 years will be provided with access to the Helper’s Profile before agreeing to these Terms and Conditions and will be authorised to access the Helper’s Profile for so long as it is posted on the Juggle Street Platform.

There is no fee for Helpers aged 16 to 17 years to use the Juggle Street Platform.

Jugglers

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:

• complete the mobile phone verification process; or
• any other verification method approved by us from time to time.

To be eligible to register as a Juggler an Eligible Business must also have an NZBN and, if applicable, a GST Number.

By registering as a Juggler you agree to pay, or have paid on your behalf, to Juggle Street the relevant fee published from time to time on the Juggle Street Platform (Juggler Fee) as consideration for your access to, and use of, the Juggle Street Platform. To see the Juggler Fees payable by an individual, click here. To see the Juggler Fees payable by an Eligible Business, click here.

The Juggler Fee is payable in advance for the payment option chosen by the Juggler.

Juggler Fees are subject to any Special Offer from time to time in relation to which a Juggler may be eligible to participate.

A Juggler may opt out of paying the Juggler Fee by clicking the “Cancel” button in the Payments section of their account. If the Juggler opts out, then:

• the Juggler will be able to keep using the Juggle Street Platform until the end of the period in relation to which any instalment of the Juggler Fee has been paid in advance; and
• from the end of that period, the Juggler’s account on the Juggle Street Platform will be suspended, and the Juggler will not be able to use the Juggle Street Platform, unless and until the Juggler again agrees to pay the Juggler Fee.

In addition to the Juggler Fee, a Juggler may need to pay fees to any Helpers with whom they have made arrangements for the provision of Services. These fees are a matter between the Juggler and relevant Helper, and Juggle Street is not involved in any such arrangements.

Payment of the Fee

Juggler Fees are payable by, or on behalf of, Jugglers to Juggle Street and Helper Fees are payable by, or on behalf of, Helpers 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, Fees payable to Juggle Street include GST.

Juggle Street may change the Fees published on the Juggle Street Platform at any time. The changed Fees will apply to Jugglers and Helpers (as applicable) on and from their next payment of the Fee. We will notify Jugglers and Helpers of any change to the Fee prior to the change becoming effective.

In no circumstance will Jugglers and Helpers be entitled to a refund of a Fee paid by them, or on their behalf, to Juggle Street, including if a job posted by a Juggler and accepted by a Helper is not completed by the Helper to your satisfaction or at all. We recommend that Jugglers contact Juggle Street and advise us of any failure by a Helper to complete a job in the manner the Juggler has agreed with the Helper.

Jugglers and Helpers must only pay Fees to Juggle Street online using the payment methods available on the Juggle Street Platform. Jugglers and Helpers must not pay, or attempt to pay, any Fee through any fraudulent or unlawful means.

General user obligations

Juggle Street grants you a revocable, non-transferable and non-exclusive licence to access and use the Juggle Street Platform solely for the purpose of registering to become a Helper or a Juggler and making private arrangements for the provision by (where you are a Helper) 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 or use 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:

• cause Juggle Street to breach any laws in connection with the Services, in particular you agree not to leave a child without making reasonable provision for the supervision and care of the child, for a time that is unreasonable or under conditions that are unreasonable having regard to all the circumstances, in accordance with section 10B of the Summary Offences Act 1981;
• breach the Human Rights Act 1993 in New Zealand by treating any Helpers unfairly or unequally;
• access or use the Juggle Street Platform for any activities that breach any laws or infringe a third party’s rights;
• access or use the Juggle Street Platform in any way, or post to or transmit to or via the Juggle Street Platform, which interferes with other users or defames, abuses, harasses, threatens, menaces or offends any person or prevents any person from using or enjoying the Juggle Street Platform;
• knowingly post to or transmit to or via the Juggle Street Platform any obscene, indecent, inflammatory, pornographic, threatening, harassing, deceptive, fraudulent or otherwise offensive or illegal material or material which is defamatory of any person or invasive of another person’s privacy;
• impersonate another person when using the Juggle Street Platform or create accounts by automated means or under false or fraudulent pretences;
• make fraudulent or speculative enquiries, requests, job postings or job acceptances using the Juggle Street Platform;
• tamper with, hinder, overburden or impair the operation of the Juggle Street Platform (or any part of it);
• knowingly transmit any viruses, worms, defects, Trojan horses, time bombs, or similar disabling or malicious code to or via the Juggle Street Platform;
• use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any part of the Juggle Street Platform;
• access or use the Juggle Street Platform to violate the security of any other device, computer system, phone system or network;
• modify, adapt, translate or reverse engineer any part of the Juggle Street Platform; or
• attempt any of the above acts or similar acts or engage or permit another person to do any of the above acts or similar acts.

Risk and Liability

Jugglers and Helpers 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 Helpers may use the Juggle Street Platform in a way that violates these Terms and Conditions. We encourage Jugglers and Helpers 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 Helper.

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:

• suitability of the Juggle Street Platform for any purpose;
• accuracy, completeness or currency of the content on the Juggle Street Platform or information posted to or transmitted to or via the Juggle Street Platform;
• acts or omissions (online or offline), suitability, honesty, character or capability of Jugglers or Helpers; or
• quality of the Services provided by the Helpers, or a Helper’s or Juggler’s compliance with applicable laws, including laws in relation to work health and safety, working with children, and the employment of Helpers who are minors.

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:

• excludes all implied terms and warranties, whether statutory or otherwise, relating to the Juggle Street Platform or these Terms and Conditions; and
• will not be liable to you for any direct, indirect, incidental, consequential, special, punitive or exemplary damages you may suffer arising from, or in any way related to, your access to or use of, your inability to access or use, or the acts or omissions (online or offline) of any user of, the Juggle Street Platform in contract, tort (including negligence) under statue or otherwise (including for personal injury, property damage, loss of revenue or profits, loss or corruption of data and any other commercial or economic loss of any kind). To the extent that Juggle Street’s liability cannot be excluded, and subject to any rights you may have under the CGA, our maximum liability to you is limited to the total amount (if any) paid by you or on your behalf to 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 access to or use of, or inability to access or 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).

Termination

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.

Without limiting the paragraph above, Juggle Street may immediately suspend or terminate a Juggler’s account or otherwise limit a Juggler’s access to, and use of, the Juggle Street Platform if Juggle Street forms the view (in its sole discretion) that the Juggler is a competitor of Juggle Street, is not using the Juggle Street platform for its intended purpose as specified in these Terms and Conditions or is using the Juggle Street platform to advance commercial interests inconsistent with the interests of Juggle Street. 

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.

Intellectual property rights

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.

 Advertisements and external websites

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.

General

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 paragraph has no effect if the severance alters the basic nature of these Terms and Conditions or is contrary to public policy.

Your access to, use of, the Juggle Street Platform is governed by, interpreted and enforced in accordance with the laws of New Zealand. Disputes arising from your access to, or use of, the Juggle Street Platform are exclusively subject to the jurisdiction of the courts of New Zealand.

Definitions

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 means the Helper Fee and/or the Juggler Fee (as applicable);

GST has the meaning given to that term in the Goods and Services Tax Act 1985 in New Zealand, as amended from time to time;

Helper Fee has the meaning given in the “Helpers” section of these Terms and Conditions;

including means including without limitation;

Juggle Street, we, us or our means Juggle Street Pty Ltd ABN 80 600 449 938 of Level 2, 11 York Street, Sydney NSW 2000;

Juggler Fee has the meaning given in the “Jugglers” section of these Terms and Conditions;

NZBN means a New Zealand Business Number;

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 Helper created by that Juggler or Helper 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 any Fee or amount of any Fee payable by, or on behalf of, Jugglers or Helpers for the access to, and 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 Helper;

Working With Children Check means a Working With Children Check (howsoever described) or registration with a government agency, as required under any relevant legislation. 

• Last Updated: 18 October 2023
• Juggle Street Pty Ltd
• Email: [email protected]
• Phone: +64 9 801 8434
• Address: Level 2, 11 York Street, Sydney NSW 2000 Australia