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”).
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 Quietly Kept Pty Ltd (ABN 35 698 131 234, ACN 698 131 234). “You” and “your” refer to the person or household using the Service.
Our registered office is at 81-83 Campbell Street, Surry Hills, NSW 2010. The Service is operated from Perth, Western Australia.
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 through a curated process of shortlisting, interviews, and supported onboarding. We also provide shared software that supports the everyday running of a home after a placement is made.
The typical placement process works as follows: we prepare a shortlist of House Managers for a Household; the Household reviews profiles and requests interviews; if both parties agree, a trial period may follow; if the trial is successful, a placement offer is made and accepted through the Service.
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. The Service does not constitute employment advice, legal advice, tax advice, childcare guidance, or any other form of professional advice.
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, work health and safety, 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 and has no obligations under it.
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.
- Placement
- means a Household and a House Manager agreeing, through the Service, to enter into a working arrangement with one another. A Placement is confirmed when a House Manager accepts a placement offer made by a Household through the Service.
- Placement Fee
- means the one-off fee payable to Quietly Kept upon a successful Placement, charged automatically to the Household's saved payment method at the time the House Manager accepts the offer.
- Subscription
- means the ongoing monthly fee payable to Quietly Kept for access to the household management application.
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 email account and for any activity that occurs under your Quietly Kept account, as access is via email-based authentication.
You may invite other members of your household to access the household app. Invitations expire after 14 days if not accepted. You are responsible for the conduct of anyone you invite, and for ensuring they understand and follow these Terms. As the account holder, you may remove invited members at any time; upon removal, they lose access to the household app and its shared content.
Content created within the household app (calendars, routines, handover notes, documents, and other shared information) belongs to the Household and remains with the account holder.
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
All prices are in Australian dollars. The fees for the Service are:
- Placement Fee: $295, charged once to the Household upon a successful Placement. The Placement Fee is charged automatically to the Household's saved payment method at the time the House Manager accepts the placement offer through the Service.
- Household app Subscription: $49 per month, charged to the Household for ongoing access to the household management application. The Subscription is independent of the placement service and provides access to shared calendars, routines, handover notes, documents, and other household management features.
Fees are payable by the payment methods made available within the Service. By saving a payment method, you authorise us, and our payment processors, to charge the applicable fees to that payment method, including the Placement Fee which is charged automatically without further confirmation at the time a Placement is confirmed.
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 Placement 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.
Re-match and placement guarantee
We want every Placement to settle well. Where a Placement does not work out in the circumstances described below, we will re-shortlist House Managers and support a further Placement for the Household at no further Placement Fee. The Subscription described in clause 7 continues separately and is not affected by a re-match.
- If a Placement does not settle in the first 90 days. If a Household and a House Manager end their arrangement within 90 days of the Placement, we will re-shortlist and support a further Placement at no further Placement Fee.
- If a House Manager withdraws. If a House Manager withdraws from a Placement, the Household is entitled to a re-match, and we will re-shortlist and support a further Placement at no further Placement Fee, regardless of when the withdrawal occurs.
A re-match means we will prepare a new shortlist and support the placement process as we did for the original Placement. It does not guarantee that a suitable House Manager will be found or that a further Placement will be made, and it does not entitle the Household to a refund of any Placement Fee already paid, which remains earned as described in clause 7. This clause does not limit your rights under the Australian Consumer Law.
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.
- Use the in-platform messaging feature for any purpose other than communicating with the other party about the placement arrangement.
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, messaging, and your content
The household app lets Users create and share calendars, routines, handover notes, pantry and fridge inventories, documents, and other household information. The Service also provides in-platform messaging between Households and House Managers during and after the placement process. Together, these are referred to as “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.
Messages sent through the Service are stored and accessible to both parties in the conversation thread. Messages are not end-to-end encrypted. Quietly Kept does not routinely monitor messages, but may review them where necessary to investigate a reported breach of these Terms or to comply with a legal obligation.
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 access so that household members and the House Manager see only what is appropriate for them. The household app supports visibility controls (shared, family-only, and manager-only) for certain content types, including calendar events.
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 relies on third party services, including payment processors, identity verification providers, email delivery services, and cloud hosting providers. We are not responsible for those third party services, their availability, or their performance, and your use of them may be subject to their own terms.
Without limiting clause 16, we are not liable for any loss arising from a failure, error, or delay by a third party payment processor, including failed transactions, duplicate charges, or processing delays. If a payment error occurs, we will work with the payment processor to resolve it, but the timeframe for resolution is subject to the processor's policies.
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 14:
- 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. A shortlist or introduction is not a recommendation, endorsement, or guarantee of a suitable outcome.
- Information provided through the Service, including profile content, messages, handover notes, routines, and household app content, is provided by Users and is not independently verified by us except where expressly stated. We do not guarantee the accuracy, completeness, or reliability of any User-provided information.
- We do not guarantee any particular outcome from the placement process, including that a Household will find a suitable House Manager, that a House Manager will receive a placement, or that any placement will be successful or enduring.
- While we take reasonable steps to protect Your Content, we do not guarantee against data loss. You are responsible for keeping your own copies of any important information you store in the household app.
You are responsible for the decisions you make about whom to engage, what duties to agree, and how to manage your household arrangement. Nothing in the Service is intended to be relied upon as professional advice of any kind.
Limitation of liability
Subject to clause 14, and to the maximum extent permitted by law:
- Quietly Kept is not liable for any loss, damage, injury, or claim arising from the acts, omissions, conduct, or arrangements of any Household, House Manager, or other User, including any loss, damage, or injury that occurs during or in connection with a trial, placement, or working arrangement facilitated through the Service.
- 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.
- Quietly Kept is not liable for any loss or damage arising from interruptions to the Service, data loss, unauthorised access to your account, or actions taken by third party service providers.
- 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,
- any arrangement you enter into with another User, including any dispute, injury, loss, or damage arising from that arrangement, or
- any claim by a third party (including a government authority, insurer, or regulator) arising from your use of the Service or your arrangement with another User.
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, workers' compensation, 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. The Household is solely responsible for providing a safe working environment and for complying with all applicable work health and safety laws. Quietly Kept does not direct, control, or supervise the work performed by House Managers and is not responsible for the conditions under which work is carried out.
Suspension, termination, and account closure
Closing your account. You may request to close your account at any time from within the Service. When you request closure, there is a 7-day grace period during which you may change your mind and keep your account. After the grace period, your account and personal data are permanently deleted. Active Subscriptions are cancelled and any uploaded files are removed.
Certain billing records are retained in anonymised form for up to 7 years to comply with Australian tax record-keeping obligations. If you are the sole owner of a Household with other members, you must transfer ownership or remove all members before you can close your account.
Pausing your profile. If you are a Household or House Manager in the matching process, you may pause your profile at any time. While paused, you will not appear in new shortlists or receive new introductions. You can resume your profile when you are ready.
Suspension by us. We may suspend, deactivate, or terminate your access to the Service or your profile, in whole or in part, if:
- you breach these Terms,
- we are required to do so by law,
- we reasonably believe your conduct, including during interviews or a placement, falls below the standards expected of users of the Service,
- 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 10, 12, 14, 15, 16, 17, 18, 22, and 23) 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.
Force majeure
We are not liable for any failure or delay in performing our obligations under these Terms to the extent that the failure or delay is caused by an event beyond our reasonable control. These events include, but are not limited to, acts of God, natural disasters, fire, flood, storm, epidemic or pandemic, war, terrorism, civil unrest, industrial action, government action or restrictions, failures of telecommunications or internet services, power outages, and the failure, interruption, or withdrawal of services by third party providers on which the Service relies.
While any such event continues, our affected obligations are suspended, and we will not be in breach of these Terms by reason of that event. We will take reasonable steps to resume performance as soon as practicable. This clause does not affect any obligation to pay fees already due, and nothing in this clause limits your rights under the Australian Consumer Law as described in clause 14.
Governing law and jurisdiction
These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. You and Quietly Kept submit to the non-exclusive jurisdiction of the courts of New South Wales 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.