Quietly Kept · Legal
Terms and conditions.
These Terms govern your access to and use of the Quietly Kept website, the household management application, and any related services we provide. They include important information about your rights, obligations, and the limits of our role.
About these terms
Welcome to Quietly Kept. These Terms and Conditions (“Terms”) govern your access to and use of the Quietly Kept website, the household management application, and any related services we provide (together, the “Service”).
The Service is operated from Perth, Western Australia. By creating an account, submitting an enquiry, listing a profile, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.
Please read these Terms carefully. They include important information about your rights, obligations, and the limits of our role.
Who we are
In these Terms, “Quietly Kept”, “we”, “us”, and “our” refer to the operator of the Quietly Kept service. “You” and “your” refer to the person or household using the Service.
You can contact us by email at hello@quietlykept.co.
What Quietly Kept does, and does not, do
Quietly Kept is a boutique matching service. We help households find suitable house managers, and we provide shared software that supports the everyday running of a home after a match is made.
We are not an employer, employment agency, labour hire provider, or recruitment agency. We do not employ or engage house managers, and house managers are not our workers, contractors, or agents.
When a household and a house manager choose to work together, they enter into a direct arrangement with one another. The terms of that arrangement, including duties, hours, pay, leave, superannuation, tax, insurance, and termination, are matters for the household and the house manager to agree and manage between themselves. Quietly Kept is not a party to that arrangement.
Definitions
In these Terms:
- Household
- means a person or family who registers with the Service to find or work with a house manager.
- House Manager
- means an individual who creates a profile on the Service to be considered for placement with a Household.
- User
- means any person who accesses or uses the Service, including Households, House Managers, and members of a Household given access to the household app.
- Match
- means a Household and a House Manager deciding, through the Service, to enter into a working arrangement with one another.
- Placement Fee
- means the one-off fee payable to Quietly Kept upon a successful Match.
- Subscription
- means the ongoing fee payable to Quietly Kept for access to the household app.
Eligibility and accounts
To use the Service you must be at least 18 years old and able to enter into a legally binding contract under Australian law.
You agree to provide accurate, current, and complete information when creating your account, and to keep that information up to date. You are responsible for the security of your login credentials and for any activity that occurs under your account.
You may invite other members of your household to access the household app. You are responsible for the conduct of anyone you invite, and for ensuring they understand and follow these Terms.
Verification and trust signals
For House Managers, we offer identity verification and the option to display the status of credentials such as a Working with Children Check (WWCC) and a National Police Clearance.
We make reasonable efforts to surface these signals fairly and accurately, but:
- We rely on documents and information provided by House Managers, and on third party verification providers.
- The presence of a verified status does not constitute a guarantee, endorsement, recommendation, or warranty by Quietly Kept regarding any House Manager, their character, their abilities, or their suitability for any particular Household.
- Households remain responsible for conducting their own assessment of any House Manager, including interviews, reference checks, and any further due diligence appropriate to their circumstances.
Fees, billing, and refunds
The fees for the Service are:
- Placement Fee: $295 AUD (inclusive of GST where applicable), charged once to the Household upon a successful Match.
- Household app Subscription: $49 AUD per month (inclusive of GST where applicable), charged to the Household for ongoing access to the household app.
Fees are payable in Australian dollars by the payment methods made available within the Service. By providing payment details, you authorise us, and our payment processors, to charge the applicable fees to your nominated payment method.
The Subscription renews automatically each month until cancelled. You may cancel your Subscription at any time from within the Service or by contacting us. Cancellation takes effect at the end of the current paid month, and you will continue to have access to the household app until that date.
Except where required by the Australian Consumer Law or expressly stated by us in writing, fees already paid are non-refundable. The Placement Fee, in particular, is earned upon a successful Match and is not refundable if the Household and House Manager later choose to end their arrangement.
We may change our fees from time to time. For Subscriptions, we will give you reasonable advance notice of any price change, and the new price will apply from your next billing cycle after the notice period.
Use of the Service
You agree to use the Service lawfully, respectfully, and in good faith. In particular, you agree not to:
- Provide false, misleading, or deceptive information.
- Use the Service to harass, abuse, discriminate against, or harm any other person.
- Impersonate another person or misrepresent your association with any person or organisation.
- Circumvent the Service to avoid the Placement Fee or Subscription, including by using the Service to identify a House Manager and then engaging them outside the Service to evade fees.
- Attempt to gain unauthorised access to the Service, other accounts, or the systems behind them.
- Upload material that is unlawful, infringing, defamatory, obscene, or contains malicious code.
- Use the Service to send unsolicited commercial messages.
We may suspend or terminate access to the Service if we reasonably believe these Terms have been breached, or if we are required to do so by law.
The household app and your content
The household app lets Users create and share calendars, routines, handover notes, pantry and fridge inventories, documents, and other household information (“Your Content”).
You retain ownership of Your Content. You grant Quietly Kept a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display, and otherwise process Your Content for the limited purpose of operating, supporting, securing, and improving the Service.
You are responsible for Your Content, including its lawfulness, accuracy, and appropriateness for the people you share it with. You should not upload sensitive information, such as financial account numbers, health information, or government identifiers, except where the Service is clearly designed to receive that information.
Within a Household, the account holder is responsible for managing roles and permissions so that household members and the House Manager see only what is appropriate for them.
Privacy
We handle personal information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) and our Privacy Policy. Our Privacy Policy explains what we collect, how we use it, who we share it with, and how you can exercise your rights. By using the Service, you acknowledge that you have read our Privacy Policy.
Intellectual property
The Service, including its software, design, branding, text, graphics, and other materials (other than Your Content), is owned by Quietly Kept or its licensors and is protected by intellectual property laws.
We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Service for its intended purpose, in accordance with these Terms.
You must not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Service, except to the extent permitted by law.
Third party services
The Service may rely on, link to, or integrate with third party services, such as payment processors, identity verification providers, and hosting providers. We are not responsible for those third party services, and your use of them may be subject to separate terms.
Australian Consumer Law
Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies you have under the Australian Consumer Law that cannot lawfully be excluded, restricted, or modified.
Disclaimers
Subject to clause 13:
- The Service is provided on an “as is” and “as available” basis. We do not warrant that the Service will be uninterrupted, error free, or secure, or that it will meet your specific requirements.
- We do not warrant or guarantee the conduct, character, qualifications, performance, honesty, or suitability of any Household or any House Manager introduced through the Service.
- Information provided through the Service, including profile content, handover notes, and routines, is provided by Users and is not independently verified by us except where expressly stated.
You are responsible for the decisions you make about whom to engage, what duties to agree, and how to manage your household arrangement.
Limitation of liability
Subject to clause 13, and to the maximum extent permitted by law:
- Quietly Kept is not liable for any loss or damage arising from the acts, omissions, conduct, or arrangements of any Household, House Manager, or other User.
- Quietly Kept is not liable for any indirect, incidental, special, consequential, or punitive loss or damage, or for any loss of profits, revenue, data, goodwill, or opportunity.
- To the extent we are liable, our total aggregate liability to you in connection with the Service is limited, at our option, to either resupplying the Service, or refunding the fees you have paid to us in the 12 months immediately before the event giving rise to the liability.
Indemnity
You agree to indemnify Quietly Kept, and our directors, employees, and contractors, against all claims, losses, damages, costs, and expenses (including reasonable legal costs) arising from:
- your breach of these Terms,
- your misuse of the Service,
- Your Content, or
- any arrangement you enter into with another User, including any dispute, injury, loss, or damage arising from that arrangement.
This clause does not apply to the extent that the relevant claim is caused by our negligence or wilful misconduct.
Disputes between Users
If a dispute arises between a Household and a House Manager, you should attempt to resolve it directly with the other party in good faith. We may, at our discretion, offer informal assistance, but we are not obliged to mediate, arbitrate, or otherwise resolve disputes between Users, and we are not responsible for the outcome.
Tax, superannuation, leave, insurance, work health and safety, and any other employment or contracting obligations are matters for the Household and the House Manager to determine and comply with under applicable law.
Suspension and termination
You may stop using the Service at any time by closing your account. Where you have an active Subscription, cancellation will take effect at the end of your current paid month.
We may suspend or terminate your access to the Service, in whole or in part, if:
- you breach these Terms,
- we are required to do so by law,
- continuing to provide the Service to you would expose us or other Users to risk, or
- we cease to offer the Service.
On termination, your right to access the Service ends. Provisions that by their nature should survive termination (including clauses 9, 11, 13, 14, 15, 16, 17, and 21) will survive.
Changes to the Service and to these Terms
We may update the Service from time to time, including by adding, changing, or removing features.
We may also update these Terms from time to time. If we make a material change, we will give you reasonable notice, for example by email or through the Service, before the change takes effect. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. If you do not agree, you may close your account.
Notices
We may give you notices through the Service, by email to the address associated with your account, or by post to an address you have provided. You should keep your contact details current. Notices to us should be sent to the contact details in clause 2.
Governing law and jurisdiction
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. You and Quietly Kept submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts competent to hear appeals from them.
General
If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.
A failure or delay by us to enforce any right under these Terms is not a waiver of that right.
These Terms set out the entire agreement between you and Quietly Kept in relation to the Service, and supersede any earlier agreement or understanding on the same subject matter.
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights under these Terms to a related body corporate or in connection with a sale or restructure of our business.
Quietly Kept
A household, quietly kept.