The Babysitter’s Club Limited
Terms and Conditions
Last updated November 2019
These terms and conditions relate to the Babysitters Club Limited and the Babysitters App Limited, collectively referred to as “B.C”.
- “Client” means the person(s), family, or entity with whom B.C enters into an agreement for the purposes of providing Services.
- “Carer” means the person who is to undertake the Services for a Client.
- “Intermediary” means the relationship between B.C, the Client and the Carer, with TSBC being an intermediary connecting a Client to a Carer.
- “Services” means services relating to babysitting or caring for a child, on a casual or regular basis.
- “Member” means a Client or Carer who has registered on the Website or App.
- “Website” means the online medium of the domain of “thebabysittersclub.nz”, which operates the business of B.C. This term includes website operations performed on “thebabysittersclub.nz”.
- “App” means the installed application on a smart phone, tablet, or any other device capable of running the App, available for download, which operates the business of B.C.
- “Scheduled Time” means the time that the Client and Carer have agreed that the Carer will perform Services for the Client.
- “Overtime” means the time over and above the Scheduled Time, which is rounded to the nearest 15 minutes.
- “Police Check” means a full disclosure criminal check conducted by the New Zealand Police based on the Child Protection Authority.
- “First Aid Certificate” means a current and valid statement of attainment in a recognised First Aid Training programme, which includes CPR, Astha and Anaphylaxis training.
- “Intellectual Property” means all and any intellectual property rights conferred on B.C, whether existing now or at any time in the future in relation to the Website, the App, or otherwise. This includes but is not limited to copyright, databases, business processes, designs, concepts, ideas, methods, copyright or invention.
2. Acceptance of Terms and conditions
- The access and use of the Website and App is governed by these terms and conditions (“the Terms”).
- B.C reverses the right to change the Terms at any time. Such amendments will have effect on the date that the amendments are made and uploaded to the Website and App.
- A notice will be emailed to all Members notifying the change of the Terms.
- A Member’s continued use of its membership will be deemed to constitute your acceptance of the new Terms.
- In the event that a Member does not agree with the new Terms, they should discontinue their Membership with immediate effect.
3. Membership Requirements
- Membership to B.C provides access to Carer matching services available through the Website or the App.
- Both Clients and Carers are required to register as Members, in order to access the Website or App.
- Carers must be aged 18 or over and be legally required to work in New Zealand. Cares must submit personal details including, but not limited to, photo identification, details of a current Police Check and other personal information.
- Carers are not permitted to create more than one profile on the Website or App. Carers are not permitted to share their membership with other Carers or other persons. Carers are not permitted to sub-contract the Services to any other person at any time.
- Clients are not permitted to create more than one profile on the Website or App. It is preferred that Clients create one profile for their family.
- The Website or App is for the personal use of individual members only. Babysitting agencies and organisations, including childcare centre operators, nanny or babysitting agencies and recruitment companies are not permitted to register as Clients or Carers on the Website or App.
- Members are responsible for maintaining the confidentiality and security of their own login and password details and are wholly responsible for all activities that occur under their login and password. Members are required to exit their account at the end of each session.
- Members agree to immediately advise B.C of any unauthorised use of their login and password.
- B.C may, at any time, request a form of identification to verify the identity of a Member.
- Carers are representative of B.C at all times and are required to act appropriately, particularly on social media. It will not be acceptable to post comments online that bring TSBC or Clients into disrepute whether that be specifically in relation to B.C or generally.
4. The Service
- TSBC is a matching and payment service. B.C acts as an intermediary between Clients and Carers.
- Carers create profiles on the Website or App which display their skills for the Services. This enables Clients to search for Carers based on location and child-minding requirements.
- B.C carries on the business of providing babysitting services to clients and acts as intermediary and agent between the Contractor and clients for the purposes of collecting and disbursing the Carer’s receipts.
- The parties have reached an agreement regarding the Carer’s engagement in relation to providing these babysitting services.
- The parties record the terms of their agreement as follows.
- Carers and Clients shall not arrange for the Carer to provide Services to the Client outside their Membership.
- Clients are wholly responsible for all aspects of selecting and booking a Carer.
- B.C is not responsible for the conduct of any member using the Website or the App, either online or offline.
- This Agreement records that the supply of services by the Carer to the Client is a separate supply to the supply of services provided by B.C to the Carer, in accordance with section 60(1B) of the Goods & Services Tax Act 1985.
5. Status of Carers
- Carers are independent contractors and are not agents or employees of B.C.
- Carers acknowledge and confirm that they are not entitled to receive statutory benefits of employment under this Agreement, such as holiday pay, statutory holiday pay, or the right to bring a personal grievance or a dispute under the Employment Relations Act 2000.
- Carers agree that any dispute over the terms and application of this Agreement, or its termination, shall be resolved under the exclusive jurisdiction of the District Court.
6. Payment for services
- B.C agrees to act as agent for the Carer in collecting payment from the client on behalf of the Carer and disbursing same to the Carer’s bank account after the deduction of charges as set out in this Agreement and withholding taxes imposed on independent contractors under the Income Tax Act 2007.
- In all circumstances, all payments made to Carers by B.C under this Agreement are inclusive of GST (if any).
- This Agreement recognises that, unless expressly notified to B.C in writing , the Carer is not registered for GST under the Good & Services Tax Act 1985.
- Unless a Carer has notified B.C s/he is registered for GST, the Carer shall not charge, and B.C is not obliged to pay, GST with respect to services performed by the Carer.
- If the Carer has notified B.C that s/he is registered for GST, the Carer must issue a GST tax invoice to B.C with respect to all taxable supplies performed for B.C.
- B.C is required to deduct withholding tax pursuant to the Labour Hire rules in the Income Tax Act 2007 with effect from 1 April 2017 onwards. The Carer shall complete the required forms (IR330C) and accept the deduction of withholding tax by B.C. Carers are responsible for keeping their own accounts, completing their own tax returns and satisfying their own income tax liability; and registering for Goods & Services Tax as necessary.
- Members agree not to engage in any unbecoming conduct, which includes but is not limited to conduct that is unlawful, harmful, threatening, defamatory, obscene, abusive, or inappropriate. Whether or not conduct is considered to be unbecoming or inappropriate is at the sole discretion of B.C.
- Should Members experience problems with other Members on the Website or the App, Members are encouraged to make a complaint in accordance with the Complaints Procedure.
- Carers are not permitted to have guests at the Client’s property while they are performing Services.
- Clients and Carer's must disclose if they have a criminal record.
- Clients and Carer's must disclose any mental illnesses that may place a child or carer at risk.
- Carers are not permitted to share their phone with children while performing Services.
- The Carer is not permitted to leave the Client’s property without the return of the Client or alternatively written permission of the Client.
8. Intellectual Property
- Members agree not to copy, modify, duplicate, create derivative works, republish, display, transmit or distribute all or any part of B.C's Intellectual Property.
9. Account Suspension or Termination
- All Members have the ability to post feedback and ratings through the Website or App or submit a complaint to B.C.
- B.C may, at its sole direction, suspend or terminate a Membership for any reason, with or without notice. Reasons for suspension or termination may include (but not be limited to) breaches to the Conduct clause, as a result of assessing a complaint in accordance with the Dispute Resolution Process, or for any other conduct that may bring or is likely to bring B.C into disrepute.
- If a Member is suspended from the Website or App that Member may have their profile removed for that period of suspension.
- As part of the Complaints Procedure, B.C may conduct an investigation into the conduct of any Member.
- If a Membership is terminated, B.C is not required to agree to reinstate the Membership. Any reinstatement is at B.C's sole discretion.
- B.C reserves the right to, without limitation, permanently or temporarily hide part or all of the profile, modify the profile, or permanently or temporarily block access to all or part of the Website or App.
- B.C may deactivate a membership if it is inactive for a period of 18 months or more, from the date of last use.
- A Member may terminate their membership at any time by following the process outlined in the Support Section of the Website or App.
10. Complaints Procedure
- If a Member wishes to make a complaint they are required to follow the Dispute Resolution Process. Should a dispute arise, Members are encouraged to contact B.C immediately. B.C will investigate the dispute and make a decision on the issue as B.C considers appropriate.
- The Dispute Resolution process is as follows:
- Members submit a complaint or dispute through the Dispute Centre on the Website or App. Members must outline the complaint with sufficient detail and include written examples if appropriate. If a complaint is urgent this needs to be specified.
- Once the dispute is submitted it will be reviewed by B.C within 96 hours of receipt. Urgent complaints will be reviewed as soon as practicable.
- B.C may contact either party for further information as part of the investigation.
- B.C will make a final decision on the matter as it considers appropriate. This may include the termination or suspension of a Membership.
- B.C undertakes to verify the Police Check provided by Carers. However, B.C does not warrant any Carer’s suitability to provide the Services, including but not limited to honesty, capability or character of any Carer.
- B.C makes no warranties or representations as to the quality, accuracy or completeness of the content on the Website of App or the information otherwise provided by a Member.
- B.C shall use reasonable endeavours to ensure that the Website or App is available 24 hours a day, but does not warrant that such availability will be provided at all times. Access may be interrupted temporarily without notice for error, system failure or maintenance.
12. Liability and Acceptance of Risk
- Members are wholly responsible for their participation on the Website or App. Members use the Website and App at their own risk.
- B.C is not responsible for, and accepts no liability in relation to Members’ use of the Website or App, in any circumstance. Members are solely responsible for the content that is transmitted or posted either on the Website or App or to any other Member, including Members’ reliance on such content.
- B.C shall not be liable for any damage or losses whether incidental, consequential, indirect or special loss, damage or injury of any kind whatsoever suffered by a Member or any other person arising directly or indirectly out of the Services and any associated activities, including the use of the Website and App.
- The Member agrees to defend and indemnify B.C against any claims, damages, costs, liabilities and expenses and liability asserted against B.C including without limitation any actual or threatened suit, demand or claim, to the extent that such claim arises from or relates to the Services or any associated activities, including the use of the Website and App.
- The B.C Website or App may contain links to third party advertisements and links to third party sites. Access to any other Internet site linked to the B.C Website or App is the Member’s own risk. B.C accepts no responsibility for the accuracy or reliability of any information, opinions, or statements made in third party advertisements or on any third party sites.
13. Health and Safety
- TSBC will, at all times, have in place and exercise appropriate health and safety standards and policies. B.C is committed to ensuring that the safety of the Members is its priority.
- However, Members acknowledge that they are responsible for their own health and safety. Carers should have their own policies and procedures in place to ensure their safety in the workplace.
14. Client Obligations
- All bookings must be made directly between the Client and the Carer by use of the Website or App. All correspondence will be conducted between Members on the messaging service provided on the Website or App.
- The Client agrees that payment is made to B.C directly at the time of confirmation of booking. The Client understands that, at the time of confirmation of booking, the Client’s nominated credit card is able to be charged by B.C with the funds being held by B.C until payment is made to the Carer after completion of the Services.
- The Client agrees that the number of hours will be indicated by the Client at the time of booking, and the confirmed number of hours will be submitted by the Carer once the Services have been completed. The Client will be charged in accordance with the hourly rate. If a Carer is required for more hours than initially indicated, overtime will be charged as per the hourly overtime rate.
- Clients acknowledge and agree to their nominated credit card being pre-authorised by B.C upon confirmation of their membership and prior to their first booking.
- In the event that a credit card payment fails for any reason upon the booking confirmation, the booking will be cancelled.
- The Client understands and agrees that Carers must be provided with an occupationally safe environment. This is the sole responsibility of the Client who will bear all risk and liability in circumstances of injury to the Carer.
- The Client shall have the necessary Home and Contents insurance to cover any incidences of property damage including fire damage. Under no circumstances will B.C be liable for any damage to a Client’s property as a result of the Carer including any injury, illness or death caused by the actions of a Carer.
- The Client agrees that they will continue to be available from time to time while the Carer is performing the Services, so that they can be contacted in the event of an emergency.
- Client’s accept that a Carer may select to decline a booking. This is within the Carer’s discretion.
15. Restraint of Trade
- Members breached.
- Carers agree to not engage with or conduct a direct agreement with an active or previous Client outside of B.C, in any instance. The Carer is liable to pay B.C a one off 'finders fee' of $500.00 plus GST in any case that this clause is breached.
- Fees are payable in New Zealand dollars and charges to a Client’s credit card at the time of booking confirmation. Under no circumstances will a Carer be confirmed or dispatched without payment being successfully received by B.C.
- Once the Services have been performed, the Carer will provide B.C with a “Completion Confirmation” to confirm that the Services have been provided and advise of the total length of time the Services were provided for the purposes of advising whether any overtime or additional fees are payable. If overtime is payable the relevant fees will be charged to the Client’s credit card in 15 minute increments, rounded up as necessary.
- Fees are as follows:
- $10 + GST daily peace of mind assurance fee to be paid per booking;
- $22 + partial GST per hour a Carer is required to perform the Services for up to two children;
- An additional $2.50 + partial GST per hour for each third or subsequent children;
- An additional $2.50 + partial GST per hour for any infant children (under two years old);
- An additional $2.50 + partial GST per hour if the booking was made with less than 24 hours of notice to B.C.
(f) A 2.9% + .30 cent transaction fee will be charged per booking.
- The Client will be charged a minimum of three hours per job (plus the service and transaction fee) for each booking.
- If a Carer is required to stay overnight, there is a flat fee of $100 plus GST for the hours of 9pm - 6am. The rate of $100 plus GST is to be paid in addition to an hourly rate for the hours the Carer works outside of the 9pm - 6am time period. Overnight rates will only apply in the case that it has been arranged before the Services commence. Should the child be awake during the hours of 9pm - 6am, the hourly rate will apply for the hours awake.
- Overdue accounts will incur a penalty interest of 24% per month. If referred to a collection agency additional costs will be incurred, at the Client’s cost.
- In the case that insurance or compensation fee’s were to occur in relation to the Carer conducting the Services, the Carer will is held responsible to cover any costs incurred - i.e. insurance excess.
- If the Carer is active for B.C, or if the Carer leaves B.C and enters into a direct agreement with a Client introduced by B.C for child care services within 12 months of leaving B.C, the Carer is liable to pay B.C a one off 'finders fee' of $500.00.
17. Cancelation Policy
a. Should the Client choose to cancel the booking with more than 5 days notice of the scheduled commencement time, the Client will be charged for B.C's peace of mind assurance fee of $11.50 only.
b. Should the Client choose to cancel the booking with less than 5 days notice of the scheduled commencement time, the Client will be charged for 50% of the Services booked plus B.C's peace of mind assurance fee of $11.50.
b. Should the Client choose to cancel the booking with less than 24 hours notice of the scheduled commencement time, the Client will be charged for 100% of the Services booked including B.C's peace of mind assurance fee of $11.50.
d. If a booking is cancelled by the Carer the Refund Policy will apply.
e. If a Carer fails to turn up to perform the Services as agreed or cancels a booking, Babysitters Club shall not be held responsible however will make reasonable endeavours to find another Carer to perform the Services as required with agreement by the Client.
f. Babysitters Club reserves the right to cancel the Services immediately should it become apparent that a Carer is being mistreated in any way or found to be working in an unsafe working environment. No refund will be provided in these circumstances.
a. In the event that a confirmed Carer fails to show up for a confirmed booking to perform the Services without providing a cancellation notice, a 100% refund will be provided including the peace of mind assurance fee of $11.50.
b. Where a Carer arrives late to perform the Services, Clients are able to be refunded for the time that the Carer was absent (rounded up to the nearest 15 minutes) or, if agreed between the Carer and Client, the Client may extend the finish time to accommodate the late arrival, in which case no refund will be provided.
c. In the circumstance where a Client arrives home before the scheduled time, no refund will be provided for any hours less than 2 hours of the scheduled service.
d. Where a Client arrives home before the scheduled time at the request of a Carer, a partial refund will be provided as outlined in the clause above.
e. A refund will not be provided in circumstances of unreasonable working conditions, change of location by the Client after booking confirmation, change of job description after booking confirmation, or if Babysitters Club believes that the Carer has been mistreated or is at risk in an unsafe working environment.